ABORTION CHARGES

Dominion, Volume 37, Issue 119, 15 February 1944, Page 3

ABORTION CHARGES

Seven Counts Against

Woman

The trial of Florence May Radcliffe, domestic, aged 39, on six charges of unlawfully using an instrument with intent tb procure a miscarriage and one charge of attempting unlawful use of an instrument was begun in the Supreme Court. Wellington, yesterday before the Liner Justice (Sir Michael Myers) and a jury of 12. The Crown Prosecutor, Mr. W. H. Cunningham, conducted the prosecution, and Mr. R. R. Scott appeared for accused. who pleaded not guilty. . His Honour said two. applications had already been discussed in chambers, anu he had told Mr. Scott to make the applications formally in court. “Aou know exactly what my view is and the ground for it,” continued the Chief Justice, addressing counsel for accused. “Your application for severance of the charges must be refused, and I also hold that there is material on the depositions to warrant the seventh count. If necessary steps can be taken to see that your client is not prejudiced by these decisions, if they or any of them should be erroneous.’ Counsel freely exercised their right to challenge when the jury was being empanelled, tho Crown Prosecutor asking seven to stand aside and Mr. Scott challenging five. On the application of the Crown Prosecutor, the court was cleared, and, also at his instance, his Honour made an order that the names of the women witnesses for the Crown should be suppressed. In opening the. case foi- the Crown, Mr. Cunningham said the case was an important one ’and was likely to be lengthy, as 19 witnesses would be called for the Crown. Before the luncheon adjournment, his Honour, addressing the jury, said that front something that had happened last week it would seem to be advisaoie that he should say a word to them. The case was an important one, and cases of the kind sometimes had interest outside the court and were discussed there. It was competent for the Court to keep a jury together during the hearing of a case. Tho present case would probably last three or four days, and he bad decided, after careful considetation, not to keep the jury together. He preferred to rely on the honour of each individual juror not to discuss the case with anybody but themselves.

“For anybody to approach you .and attempt to discuss (he case is a serious contempt of court, for which the person so endeavouring to approach a juror may he very severely dealt with,” continued his Honour, “and it is your duty in the event of any person approaching you and endeavouring to discuss: this case to report it immediately to the registrar. I should advise you, indeed, not to let the matter he discussed even in your own homes, and not to discuss the case with anyone except yourselves. It is very important. Tlje only way in which British justice can be upheld is by dealing with the case purely on the evidence without any possibility of outside interference.” The hearing of evidence for the prosecution lasted throughout yesterday and will be continued today.