"A CONSPIRACY OF SILENCE"

Dominion, Volume 13, Issue 272, 11 August 1920, Page 8

"A CONSPIRACY OF SILENCE"

TRIAL OF HAYNE CUT SHORT

CROWN ENTERS A NOLLE PROSEQUI

The sensational trial of James Reynolds Hayne, chemist, of Dunedin, oil a charge of unlawfully using an instrument to procure abortion, ended abruptly m tho Supremo Court yesterday morning. Mr. Justice Edwards was on tho bench. Mr. P. S. K. Macassey appeared for the Crown, and tho accused was represented by Mr. T. M. Wilford. The principal witness for tho Crown, Gladys Batchelor, who is at present serving a sentence of nine months for contempt of Court, 'by refusal to answer questions, was again called. Mr. Macassey put tho following questions to witness:—

Are you prepared to answer , any questions?—No answer. I havo already told you. that Noylon has been acquitted.—No answer. You know that you gave evidence on threo occasions previously ?—No answer. You remember thut, don't you?—No answer. And Neylon says that the statements you then made were false —No answer. Are you determined not to answer nay questions?—No answer. "Well, I am not going to ask you any more," remarked counsel, as >ho resume 1 his seat. His Honour: Tho witness may stand down. Mr. Macassey: I now propose to enter a nolle prosequi on behalf of the Crown. It; seems to mo that tho ends of justice in this case have been defeated by a conspiracy of silence. I will deem it my duty to consider very seriously whether Neylon shall not'be prosecuted. "Perjury Deliberately Conceived." His Honour directed that tbie prisoner be discharged, and with regard to Neylon he remarked: "I deem it my duty to say this. The Crown has before it the sworn evidence of tho girl Gladys Batchelor. Unfortunately the evidonco tho Crown has in its. possession l is not evidence in a prosecution. If Neylon had followed the example of the girl Gladys Batchelor and stood mute, it would not have been considered half as bad' as the courso he has chosen to follow."

His Honour added that nothing could excuse crime or the covering up of crime, 'but ho thought that if Neylon hnd remained silent like the girl and boon prepared to take the consequences, there would be more sympathy for him. hi order that he might not have the excuse that he was taken by surprise, Neylon had on the previous day been granted an adjournment till 2 o'clock in the afternoon. "I must confess," continued Tlis Honour, "that I was surprised when Neylon returned to the Court and Ids counsel said that lis could find no good reason for not answering the questions. 1 was much more surprised to find that this man committed from first to last what I consider perjury, though he cannot be punished for that at the present 6tage. It is undoubtedly the duty of those charged with the administration of justice to soe—and speedily, too—whether Neylon cannot be convicted for perjury. It may 'bo that there is a difficulty about that on account of the contumacy of the girl Gladys' Batchelor. May be he will escape on that account. I hope not, because it is plain he committed perjury of the worst description—perjury deliberately conceived with a view of escaping the apparently harmless consequences, | if, like the girl Batchelor, he had stooil mute and taken liTs punishment."

Position of the "Silent Wltnesi." Turning to the girl, His Honour said: "She was guilty of a tresh offence yesterday, .but on reflection I don't, think that I ought to puitish her any further. If she had yesterday given evidence— and given her evidence cordially—l should have at once recommended her release from serving the remaining .portion of her Bentenco, I cannot do that now, but I don't propose to inflict any further punishment upon the woman." 'i'he Court then adjourned. ,