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ALLEGED CONCEALMENT OF BIRTH.

M this morning’s sitting of the City Po i;e Court Margaret Heads appeared tc answer a charge of endeavoring, on the 3rc inst., to conceal the birth of her male child Messrs J. Logan, J. P. Jones, and Co’i Allan, J.P.s, occupied the Bench. Inspector Weldon prosecuted; Sir L Stout defended. Ann Kenny gflnn ouUnnoo similar to hat adduced at the inquest held lately orthe body of tho child, and was not coasexamined. Dr Coughtrey and Sergeant O’Neill gave evidence corroborative of that tenderd by them at the inquest. For the defence, Sir Robert Stout sibmitted that there was really no offcnci, aid therefore no case to answer. The natureof the section under which the information tos laid—the charge was laid under the 57h section of the Act—was as follows :—“[f any woman shall be delivered of a chil, every person who shall by any secret daposition of the dead body of the said chil, whether such child died before, at, or aftr its birth, endeavor to conceal the birh thereof, shall be guilty of a misdemcanoi” That being so, there was really no case :o answer. There had been no secret diapoition in the present case as mentioned in ;be Act. Learned counsel then quoted at lenjth the particulars of cases similar to the fosent one. In the case Regina v. Sleet (he evidence then adduced showed that the body had been placed where it was lisely to be found by persons. That was not considered secret disposition, and the use was dismissed. In Regina v. George the body of the child was found two days ifter the accused bad left the house. The lody was found in a box ; this box was pked inside another box. Learned comsol directed their Worships’ attention to that fact; the lid was not closed, vhile the second box was not locked, ?hat was not considered secret disposition far Justice Body considered that, placed inthat position, the body must have been discovered. That, learned counsel submitod, was a stronger case than the present ons for the body in this case had been putin the |laoe where it was found by Mrs Kenny, after she had been shown it by accused. The wardrobe was simply used as a receptacle, whirein the body of the child could be found It was useless for him to call evidence, aid it was useleis in the face of previous declions in similar cases, to pat the country to a great expense by committing accused for trial. The Bench, after a short retirement, said that they had decided to dismiss the cue.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD18890830.2.9

Bibliographic details

ALLEGED CONCEALMENT OF BIRTH., Issue 7999, 30 August 1889

Word Count
437

ALLEGED CONCEALMENT OF BIRTH. Issue 7999, 30 August 1889

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