THE DUNEDIN STABBING CASE.

Press, Volume LVII, Issue 10777, 3 October 1900, Page 6

THE DUNEDIN STABBING CASE.

THE EVIDENCE HEARD IN PRIVATE

(PEZSS JISSOQATIOK TEUBGHA3C.) DUNEDIN, October 2. An unusual course was adopted to-day at the adjoaraed inquest concerning the death of T&omas Telfar Togo, whose wife is at present in custody on a charge of murder. •Sir C. C. Graham, Coroner, presided, Mr J. F. M. Fraser appeared to conduct the inquiry, and Jlr Thornton was present in the interests of Mrs Fogo, who was in attendance in custody. Mr Thornton, be/ore the proceedings began, asked that this inquiry should be conducted in private—that was to say, that the public should bt excluded, and even the Press as well. The grounds of his application were that the holding of the inquiry in private would be in tire interests of justice, and also in the interests of the famiiy. He quoted authorities to show that the CoroneT had the right to exclude, and went on to cay that in order to ascertain the facts, two members of the family would be oalled as witnesses. During the case private matters, important only to members , of the family, and of no interest whatever ' to the public, would naturally be brought up. If tfie public were present while this j evidence was given, their presence would I operate to some extent on the minds of these two members of the 'family. They would be restrained to some extent, and not feel that freedom that they ought to feel in giving evidence. In the interests of justice, that restraining influence ought to be removed—that was so far as children were concerned. Then so far as the mother was concerned, she was the subject of a grave charge. That charge was made only three days ago, and since thsn she had been suffering acute mental agony. The strain on her had been terrible —so much so that he had advis«d her not to give evidence. He did so not with a view of hiding anything, but purely in foer own interest, considering her condition was such that she was not able to stand tbe strain. Her evidence, j therefore, could not be given, and if the evidence that was given were published, the public wouid only have a one-sided view of the matter, and it was from the public that the jury would afterwards be taken. In the interests of justice it was important that the minds of the jury should be absolutely free from previous impressions. Asked by the Coroner if he bad any remarks to "make, Mr Fraser said it was a metier which rested with the Coroner. The difficulty Mr Thornton wouM find himself in would be that it would b~e impossible to close the preliminary court of inquiry to the Press and the public. This inquiry was simply to discover t'he cause of the death of the deceased. He could not see that it prejudiced justice one way or the other, but he would content himself by leaving , the matter in the hands of the Coroner. Mr C. C. Graham, Coroner, could not say that he bad ever heard of an application of the kind being made before, but Mr Thornton had put it strongly tihat it would, be in the interests of justice to exclude the puttie and tbe Press, and he could not see now the excluding of the public would do any harm. He would accede to counsel's application, and make an order that the Court be cleared with the exception o! the parties concerned in the inquiry, and also that the Press be excluded. The Press reporters and the public were then excluded. ' The jury returned the following verdict: —"The jufy find that the cause of death was from having be*n stabbed by his wife, Sarah Fogo, but under what circumstances there is not sufficient evidence to show."