CHARGE OF MURDER.
THE KINGSLAND MYSTERY. BAIL HKL'USED. IBy Teiesraph—rrcss Association.! Auckland, July 20. In (he charge of murder again.-!; the four persons accused in connection with the death of Elsie Holland at Kingsland, Iho magistrate to-day heard argument on the subject of bail. The Crown Prosecutor objected absolutely to any bail in tlio cases of Mrs. O'Shaughnessy and Mrs. Hartley. The magistrate declined to grant bail to any of the accused. ARGUMENT BETWEEN COUNSEL.
THE QUESTION OF BAIL.
• The accused persons in connection with what is known as tho Kingsland mystery made their first appearance in the Police Court on July IS. A good deal of interest was manifested in the case and the attendance of the public in the body of the Court, was very large. * Martha Jane O'Shaughnessy, .Tames Edward O'Shaughnessy, and Jane Burns Uartlev were brought before Messrs. Chas. 'Bagley anil L. W. D. Andrews, .T.P.'s, and charged on separate informations that, at Auckland on or about June 13, 1911, they did murder one Elsie Alexandra Holland. Accused, who were represented by Mr. E. A. Singer, were quiet and reserved, James O'Shaughnessy taking his stand in the dock while the other two stood beside him, dressed as they were at the time of their arrest. After legal argument on the question of bail, accused were remanded till next day, bail being refused. When the accused' were charged, Mr. Solwyu Mays, who with Chief-Detective Marsack, appeared for tho prosecution, immediately asked for a remand for eight days.
Mr. Singer said he had no objection to a remand, but he asked the Bench to grant bail, even though it should be substantial bail. However, he suggested that the case was one in which bail below what was commonly regarded as substantial bail might reasonably be allowed. Mr. Mays said he opposed any application' for bail. It was practically an invariable rule that bail should not be granted in murder cases. Mr. Singer said he knew it was, perhaps, not usual to grant bail in murder cases, and that it was only granted at the discretion of the Bench. But there were murder cases and murder cases. This was one where bail could bo granted, considering the merits of : tho case.
Mr. Mays objected to Mr. Singer proceeding in this direction. Mr. Siuger: The Crown is only on a fishing expedition. Mr. Mays: 1 object to Mr. Singer going into "tho merits of the case. The Crown cannot reply on the question of merits at the present stage.
Mr. Singer contended that the Crown should givo reasons for opposing bail. In this case three persons woro charged with murder, and it was obvious that they could not all be guilty. The death of (he woman could not possibly be the responsibility of all the accused. He did not know whether other parties were to be arrested, but it was his opinion that under the circumstances this was a case, whero bail should be granted. Especially should it bo allowed in the case of the youngest defendant—Mrs. Hartley—who had a young baby, only 2| years of age, with no one responsible for its care. Mr. Mays: >io harm will happen to the child. The granting of bail in a case like this is a responsibility which an experienced magistrate would not take. Mr. Singer: The-. whole question is: What injury can either of the ends of justice suffer—the case; that tho prosecution may be making against. ; defendants or justice generally—by allowing (hose Ihrco persons bail? "That.is.not tho question at all,'" said Mr. Mays. "The question is: What amount "of money will hold persons charged with murder?"
Mr. Sin'g^(\.|iaid,'ilo' r inju's.tii;e could be done by. granting bail; and "tho cause of justico could not be impeded. If those three persons tried to leave the Dominion it was a. case where the Crown would not hesitate to bring them back. ; Mr. Mays: They might lcavfifthe world. Mr. Singer: That is no Jfeason why they should bo refused bail.
Mr. Mays: Mrs. Hartley said it was a pity her mother did not poison herself. I won't take any responsibility in regard to bail. Mr. Singer: No one asks you to. Tho presiding justices then discussed tho matter for a few minutes, and at length asked Mr. Mays to. alter his request- for a remand to one for' a shorterterm than eight days. Mr. Mays consented, and accused were then formally remanded till next day, to be kept in custody till then.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/DOM19110721.2.66
Bibliographic details
Dominion, Volume 4, Issue 1185, 21 July 1911, Page 6
Word Count
748CHARGE OF MURDER. Dominion, Volume 4, Issue 1185, 21 July 1911, Page 6
Using This Item
Stuff Ltd is the copyright owner for the Dominion. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.