GRAVE CHARGES

Evening Post, Volume CXII, Issue 137, 7 December 1926, Page 10

GRAVE CHARGES

ALLEGED USE OF INSTRUMENTS

TKIAL OF MBS. WYLIE,

- The case in which Elizabeth Ann Wylie, .alias Nevill, is charged with using an instrument on Elsio Davis with intent to procure a miscarriage, was continued to-day in the Supremo Court.

Mr. Justice Alpers was on tho Bench, Mr. P. S. K. Macassey prosecuted, and Mr. T. M. Wilford, with him Mr. J. F. B. Stevenson, appeared for tho accused.

Early in the hearing of evidence, Mr. Wilford raised tho question of pardons, and Mr. Macassey informed the Court that pardons would .be recommended to be given to certain witnesses if they gave their evidence truthfully. Evidence was given by Erie Ernest Colvin, who said he was responsible for Miss Cochrane's condition. Witness detailed the arrangements he made with Mrs. Nevill, to whom ho paid £25.

The depositions of Eena Brown, who was unable to appear, were read. Tho depositions outlined arrangements which were made between Miss Brown and the accused for the performance of an operation. The operation did not take place, as Miss Brown was arrested.

Frank Alfred Maher stated he was responsible for Miss Brown's condition, and described driving her to Lyall Bay.

Ella Silvia Eush stated that she became pregnant to Allan Manguson. She visited Mrs. Nevill's at Lyall Bay, where instruments were used on her. She said she was also at Mrs.. Wilson's, where she was attended by Dr. Jacobson. Witness had a miscarriage at the Wanganui Hospital, caused, she thought, by an examination made by Dr. Jacobson.

To Mr. Stevenson, witness admitted that she had two illegitimate children.

His Honour: "Are they nice healthy children!/'—"Yes." His 'Honour: "Then you have done service to the State, my child."

Witness: "Thank you."

Evidence was given by Allan Man: guson, who detailed visiting Mrs. Nevill.

. Elaine Carolan gave evidence, of having accompanied Miss Rush to Lyall Bay.

This concluded the case for the Crown.

Mr. Macassey, addressing tho jury, said that if they bolieved Mrs. Davis's story, which waa corroborated, they should have no hesitation in returning a verdict of guilty. Mr. Wilford said that tho law regarded the offence with which tho accused was charged as serious. Counsel dealt with tho question of the evidence of accomplices, and submitted that iir the present case no evidence of accomplices could be relied on. He suggested that Mrs. Davis was never touched by tho accused. There was a mystery in the case, and the jury had not got tho whole of the facts, and would never get them. Ho further submitted that the accused's counsel had nevor had an opportunity of cross-examining Mrs. Davis relative to a chargo.^lealing with 11th July. Counsel submitted that Mrs. Novill had not used an instrument, but that eithor Mrs. Davis had used an instrument herself, or had gone somewhere else than to Mrs. Novill's to have one used.

(Proceeding.)