THE HAYNE-NEYLON CASE

Evening Star, Issue 17311, 26 March 1920, Page 6

THE HAYNE-NEYLON CASE

A CROWN WITNESS PROSECUTED. ' COMMITTED FOR TRIAL. NOMINAL BALL GRANTED. It will bo remembered that at tho retrial at Wellington in February last of ftayna and Neylon for malpractice tho principal witness for tho Crown (Gladys Batchelor) refused, to give evidence. This morning in the Police Court, before Mr J. R- Bartholomew, S.M., the young woman was charged with that on the 15th September. last she permitted the use of in instrument with intent to'procure a certain result. Mr J. li. Callan appeared for tho dofence. Chief-Detective Bishop said that accused was charged under the Crimes Act, section 222. On the 161 hj October last her de.xMitions were taken in the Wa-imau: Hospital.. Before they were taken she was warned by the Magistrate that any evidence she gave might be used against her. Ihe inspector of police, however, told, her that if she spoke the truth she woiiid not bo prosecuted on account of .•.nyt.huig she said. She made a statement, and it was taken down and read t->. her. (>n the 4th .November, when iiayne and Neylon v.-ere charged, shegave evidence. In that trial the jury dis■'greed. On the 18th of ths same month, at the re-triaL she gave- evidence re iuetnntly. Again tho result was a disagreement by ihe jury. Then the venae was ena-nged t< Wellington, and at tho trial there orf- the 2nd February she refused to give any evidence. As a result the Crown law officers, after a consideration of that trial and tho stand she took, instructed the police to take proceedings. '! Iwt was how she came before the Court to-day. A witness could not be allowed to stop the whole of the Court procedure by taking the stand she took at Wellington. The position was that there was to be a new trial of Hayne and Neylon at Wellington after the sessions here." His Worship said he understood that the police intimated to the accused that if she guvet evidence she would not be prosecuted on account of'any statement she might make, and the police now said that owing to something which had since happened that promise' was annulled, all that the police had promised having been fulfilled. The Chief-tetectire said that was the position. The evidence proposed to be given would be on the lines of that taken :it the two trials at Dunedin of Hayne and Neylon. The witnesses were Wm. Jas. Hutchison, Christina Walker, Douglas Jas. White. James Hogg, Robert Alexander Mnnro. Hr Pitts. In answer to one of the questions Dr Pitts said that Mies Batchelor made the statement fully and freely herself, but to keep it in logical order he asked her questions—never leading questions—and he made no suggestions of anv sort. She sicned the statement in the "presence of Ur Scoitllar and himself, and they witnessed her signature. Mr Callan contended that it was for .■lie prosecution to establish that this statement was made voluntarily—that there was no inducement or threat. Something must have been said to this girl leading im to the questions. His Worship said he must take the evidence as given. Mr Callan could crossexamine. Mr Callan • This confession was taken down and signed on Sunday the 28th *>ho came to your hospital on the 23rd. V. itnc.-s : 1 hat is so. I suppose you had a. conversation with hu as to what had happoned.-Not-hing touching her reasons; I left that alone. ° t« *" Ta ° Saturd:i y ni ?ht previous «vTh,W Jm - not told h «?-I did not sa\ 1 had been m communication with the ..T I7 ]f° ! , y said °" th ' e Saturday ♦' 'l ; you mast have talked uni otner people about your state, be«'"se I have already heard it back ««'-> night.. It may hav» been on the Sunday morning. Heard what back again !-It was a small country town, where a good deal of til Sees on and I had heard* from one or two sources that there was a case in hospital of alleged interference, and that it had been kept quiet. You told Miss Batchelor that?-I told about mBtt01 " Wi ' S being * a,k " ed ! Hid you say you had heard that it bad come under the notice of tho police'-I did not put it that way at all i What did yon say?—As far as T can remember, that I was afraid it would come j under the notice of the police. i Was this conversation immediately before the writing of the confession, or was [there an iT.terval?-Tt is hard to remember |i>t this date. • It may have taken place on i the Saturday night, but I think it was the i bumin.y morning, i i! 'f; Worship: In any event, it would be I snorily. before the statement was made j iVihiess: Yes, that is the best answer I ; can give. j Mr Callan : Did you say anything about ! her mother? !., : y cs : I was not allowed to say I that m the. other court. | Mr CaJlan: On this occasion vou will !he encouraged {.,, tr ,]_ everything. *" j _V.itne.ss that he hud known this | girl ever since .she was a little thing, so at.Uning he said to her would come to her I more strongly than from other peoo'e «rc- | im: tliat he had been a.s much a fri.'md' -is- a | noctor When she told him of her roudi11ion she said she was being persuaded bv the man ta go to Dunedin "to Itavne and ■ the man told her that If she did not "o h° would clear out. He /witness) ,v p ]\', H } , t.ial no decent fellow would do that, ]{ e jalsn toid her she had hotter tell her mothe,ol her condition, and added that if she ( )ij | not like to tell her mother he would do so ! He wished the girl to make It plain in her ! statement that she had deceived her I mother He did that to help her parents. : He told the girl to make it plain !n her 'statement that her mother knew nothing of ! hf!r conditjon, and did not know where, ishe had been, and was no party to H in ! any way. ) Was she in a ward by herself?— There. I were two or three .other beds in tho room, but tho other ptioients were moved out of j the ward before the statement was taken. | What did you tell.her as to what u«e Iwouid he made of the statement?—l told her she wonld have to give it to me to be used as seemed best. The Chief Detective s That was after it was made. Witness i Yea, because I did not know ] the con-tents till it was made i Mr Dallam Was anything said about .whether she was likely to live o- die?— That had been said to her.before—that we .hoped she wonld get better, but did not i feel euro. | _ No doubt yon put It to her that she wan ! n a er.tical condition, anci therefore ought to make a statement ?—No doubt about that. I Did you dkensa with her the possible top [that might be made, of it?—l do not think so, because until the statement was mado j I knew nothing of the details. j Was anything said about the statement • being locked up?— No. i In answer to further questions, the witI ness said that tho girl was clear-minded, 1 and apparently, a* was usual in such cases! she did not realise that she was as ill m she was. ! Mr Callan contended that the statement ; was not admissible as evidence. The girl | looked to the doctor, and the ground? on | which be put the matter to the eirl were : that sho was in a critical state of health, i that he believed something had been done j to . her, and for her mother's sake she ought to make a statement. The difficulty ■ which, no doubt. His Worship would feel I was that the girl was not lilcelv to have j made a statement of guilt in that way unlew it was true, but the girl bad reason t« believe that she was in a critical state. | and she was told that the statement would' i be used for her own good. j His Worship said he was clearly of the j opinion, on the evidence given, that the i statement made by the girl was admissible. | It was- then read bv the witness. I Further evidence was given bv Robert ! Booth, Detective-sergeant Kemp, Detective Hall, and .viiliam Hart (clerk of the, court at Waimat«). f The last-named witness was called to produce the depositions of' acctscd taken at Waimate.

Mr Callan contended that fie depositions were inadmissible. The police officer in authority told her that she would not be prosecuted for anything she miglit say. Surely that was an inducement. His ■■ orship; An inducement to speak the truth. Mr. Callan: An indlicement to her to say the same thine that s he said before. That this girl would ever have made these depositions unless that assurance was given. her is incredible. '> His Worship said that to rule that the evidence was inadmissible he would have to hold that the inducement was such as to bo likely to cause an untrue admission of guilt to be made. He could not rule that the evidence was technically inadmissible. As to the morality of the affair, that "was another matter. The depositions were therupon read and' put in as evidence. Mr Callan said that he did not call an\\i evidence, and the defence would be reserved. Accused was committed for trial. Mr Callan asked for bail. Accused was here on summons, not on warrant, and had never failed to turn; up. He suggested that she be released on her own recognisance, to renort at short intervals to the AVaimate police. Chief-detective Bishop said that he had no objection if she reported daily. Mr Callan: Her place is 20 minutes' walk from the police station. His Worship said that the ball would be her own recognisance in the sum of £SO, or} condition that she reported to the Waimate police twice weekly.