CRIMINAL SESSIONS.

Daily Telegraph (Napier), Issue 5705, 12 December 1889, Page 3

CRIMINAL SESSIONS.

(Before His Honor tho Chief Justice.) YESTEnDAY. MANSLAUGIITEE. After wo went to pres3 yesterday afternoon counsel addressed the jury in the charge of manslaughter against Mary Kyle. Mr Cotterill, on behalf of the prosecution, addressed tho jury at somo length, aud referred them to tho strongest points in the caso. Mr Cresswell mado an able defence for his client. Ho trusted that the jury would not be led away by what they might have read in the papers, but that they would base their verdict, whatever it rnuht be, simply upon the evidenco which bad been given that day. He hud the option of calling for the defence Mary Kyle herself to give evidence, but ho refrained from doing so ; not from any fear of cross-examination, but he thought they would gather tbat he should be putting forward an innocent woman to gitfe evidence. Ho said so advisedly, and as the doctor had aptly put it, tbe jury must bear in mind that a "womau in pain was a woman insane." The indiotment was that Mary Kyle did feloniously kill her new-born child, und ho asked the jury to most carefully consider the evidence in this connection, whether •ho evideuce tbat had been placed beforo them really pointed to manslaughter. He believed they would not think so. Counsel went carefully over the evidence, pointing out to tho jury what evidence they might cast aside and what was really relevant. He commented Bomewhat strongly upon the evidence of the witness Elizabeth McCormack. Mary Kyle had got herself into trouble before her marriage, but now that she had fallen, no attempt was made to raise her from her degraded position, but what had they seen? Mrs McCormack had given her evidence in a hard-hearted way; she was a married woman, and did not spare the poor prisoner ut tbe bar. Then there was another matter which they might consider. Throughout tbe whole of the case not a single word h-_ been said as to tho futher of tho child—the man who had brought Mary Kyle into this disgrace, aud tho weaker person was allowed to stand there aud bear the brunt of all this trouble. The man roamed about scot free, aud it did not trouble him. further. Counsel spoke further at length, appealed to the sympathies of tho jury, and trusted thut they would bring iv a verdict of not guilty. His Honor summed up, und directed the jury on tho various points in the evidence.

At half-past five the jury retired, and at ten o'clock His Honor sent for them, and asked tho foreman whether there was any reasonable chance of them arriving at an agreement.

The foreman said elovon of tho jurymen had decided ono way, but one of their number still held out, and there did not appear any chance of a full agreement. On the question being raised as to whether the jury should be discharged or locked up all night, Mr Cresswell consented to the jury being discharged on th) understanding that a new trial would not be asked for by the Crown on the count of manslaughter, and that thoy would he contented with a prosecution for concealment of birth.

Mr Cotterill said with the consent of His Honor a nolle proi-cqui would be entered. The charge of manslaughter was thus abandoned. Tho jury were discharged. Tho count of concealment of birth to be heard the next day. The Court then adjourned till tbe following morning.