CASE OF HAYNE & NEYLON

Dominion, Volume 13, Issue 271, 10 August 1920, Page 6

CASE OF HAYNE & NEYLON

CROWN TAKES A NEW LINE

NEYLON IS ACQUITTED AND PLACED IN THE BOX

WITNESS BATCIIEIOR REMAINS SILENT

The trial o( James Reynolds Hayne, chemist, of Dunedin, a-nd Norman Neylnn, labourer, of Waimale, on a charge of unlawfully using an instrument to procure abortion was again before the Supremo Court yesterday. Mr. Justice Edwards was on the bench, and during tho proceedings sensational developments occurred..

The history of the case goes back to tne latter end of last year, when the two accused were fried in Duncdln on a c'haree of committing the offence abovementioned. Twice the" jury disagreed, and a change of venue to Wellington followed. Tho case came before the loeal Court in the February sittings, when the principal witness for the Crown, the girl Gladys Batchclor—on whom it was alleged the illegal operation was performed —refused absolutely to give testimony. The jury was accordingly dismissed, and tho case adjourned till the May ec«eions. The girl then again declined to give evidence, remaining mule while in the witness-box. The presiding Judge, Mr. Justice Hcrdman, sentenced her to nino months' imprisonment for contempt of Court, and tho trial was further postponed till the present sessions.

At the hearing yesterday, Mr. P. S. K. Macflssey appeared for the Crown. Mr. T. M. Wilford appeared for Hayne, and Mr. A. Fair for Neylon. M'V Hugh Joseph Sullivan was chosen foreman of the jury. : "An Assurance From the Crown." Mr. Wilford stated that in February last Mr. MacGregor, who was acting as Crown Prosecutor, mado application to have the jury dismissed and tho trial postponed. Ho (Mr. Wilford) opposed this application, but Eis Honour gave his Tulinsr in favour of the Crown and gFanted tho adjournment. In applying for the adjournment the Crown, Prosecutor made the following? statement: "The only' remedy that I can see is to discharge the jury and postpono the case until next sessions (in May), and l I can give my learned friend (Mr. Wilford) the assurance that the case will then be decided and it wHt on no Recount be again put off." Mr. Wilford said he took it that Mr. MacGregor gave this assurance oa behalf of the Crown. Subsequently, however, and before the May sessions, Mr. MacGregor was appointed SolicitorGeneral, and the case came on only to be again ndjourned. Counsel therefore asked that the undertaking given by *'ib Crown be carried out.

■ His Honour: "But I gave no undertaking." The Judge added'that if counsel , had a grievance his remedy . lay ITirough other channels. He (His Honour) jwrsonally had no control over the matter.

' Mr. Macassey said that Mr. MacGregor had merely made a statement—on intimation—not an assurance. The point-was not further pnr?uei. Neylon Refuses to Testify. • After opening the case, Mr. Macassey intimated that ho did not propose to offer any evidence against the accused Neylon. He therefore asked His Honour to direct the jury to Neylon. His Honour instructed the. jury that as they Tiad nothing to consider they had no alternative to acquitting the accused. Without leaving Cfie Court the jury returned a verdict of not guilty, and Neylon was discharged. Immediately Neylon left tho dock, Mr. Macassey intimated that he desired to call him as a witness. Neylon then entered the witness-box, and, after being duly sworn, was asked by Mr. Mac'assev if lie knew a girl called Batclielor. He replied: Do I hava to answer that? His Honour: Yes. Witness: What are the conditions, Your Honour?-His Honour: "You aro here to give evidence as to tho truth. That is the reason you were acquitted." _ Witness then replied to the question in the affirmative. Mr. Macassey: Were you keeping company with her?-Witness: "I decline to answer that." After being again directed by His Honour,'witness replied in the affirmative. Further questioned, ho stated that while he was keeping company with the girl she became pregnant. Do you know Hayhe?—No answer. Do you know the accused Hayne?—"l decline to answer." Further "pressed, witness asked: "Do I understand that my friend Hayne is acquitted? His Honour: He is not. He is on his trial. Witness reiterated his refusal to answer the question. ~.-..< "Contempt of Public Justice." His Honour pointed out that a witness must give evidence when called upo/i bv the Court. All Judges agreed, lie added, that if a witness refused to answer questions then !ho must be severely punished. A refusal to give evidence was not merely contempt of Court—it was contempt of public justice, No witness was allowed to refuse to answer any lawful question, because a refusal was tantamount to a serious offence against tho community. It also amounted to an endeavour to permit crime to go unpunished. Concluding, His Honour remarked: "You must answer it whether you like it or not. If you persist in your refusal then you must take the consequences." Witness: Can I have a word with my solicitor before deciding? His Honour: No. i Mr. Fair supported Neylon's request and asked that witness have time to consider the point. His Honour: It requires no consideration. What is your objection ? Mr. Fair: "I take objection on the grounds that he might incriminate himself." Counsel, asked for an adjournment till 2 o'clock in the nftemoon, so that lie could consider tho case from the new aspect. His Honour: You know what, happened to tho last witness who refused to give evidence? Receiving no answer, His Honour remarked that the witness might go for the present, and the case would stand adjourned till 2 o'clock in the afternoon.

When the Court resumed in the afternoon, Mr. Fair stated that he bad consulted tho authorities, and as far as ho could see he could offer no valid objection to the witness answering questions on the grounds that he might incriminate himself. He asked permission, however, to watch tho case in the interests of his client. His Honour acquiesced in this course. A Hostile Witness. Neylon again entered the box, and was examined by Mr. Macassey. Mr. Macassey: Did you know that Miss Batchelor was pregnant?— Witness: "No." Did you ever know that she was pregnant?—" Not till this caso came on," Did you send her any money?—" No." Did vou communicate with Hayno about Miss Batchelor?-"No." Did you givo her Hayne's address?— "No." Witness added that he did not know that Miss Batchelor had gone to Dunedin until the. preliminary trial. He did not receive a telegram from her from Dunedin. He also denied having Edit any money to P.O. Box 229, Dunedin. He did not know that Miss Batchelor received the sum of .£3O from AVaimiito when sho was in Dunedin. Ho also denied having given Mifs Batchelor a pieco of paper with Hayne's address on it. He received no communication whatever from Miss Batchelor from Dunedin.

Tho Crown Prosecutor read a telegram addressed to "if. Neylon. rare Green and Co., Waimale," and couched in the following terms:—".£.lo don't register addrew my own name 22!) Dunedin." Witness: That is my name and address, but I did not receive that telegram. You did not know anything about this operation at all?—" Nothing whatever." When did you first hear of it?—" When I was arrested." Have you evor had any communication with Hayne about this case?—" No." Witness added that he hnd had conversions with Hayne about the matter. What did you Bay?—"I can't reraombor."