MURDER TRIALS

Evening Star, Issue 21571, 17 November 1933, Page 9

MURDER TRIALS

STATEMENT BY CHIEF JUSTICE WARNING NOTE ON PRESS (Pen United Press Association.] WELLINGTON, November 16. Questions submitted to the Chief Justice by the jury, and not made known in open court last night in connection with the trial of George Edward James for the murder of Airs Cecelia Smith and her son, George Noel Smith, aged four years, were released by the Chief Justice (Sir Michael Myers) at a sitting of the court this morning. He said he had been advised that the registrar was asked last night by a reporter of one of the newspapers for the questions asked by the jury. The registrar very properly thought he ought not to hand the questions out without reference to the court. “While,” said His Honour, “I thought it proper not to read the questions last night, at the same time it may be that the answers I gave cannot be. completely understood without the questions.” The questions referred to by his Honour were;—First, the maximum sentence for manslaughter? Second, is there a case in Ncav Zealand history under the present legal system where a man found guilty of murder, with a recommendation for mercy, lias been hanged? Mr Leicester, counsel for James, asked His Honour if, in forwarding the jury’s strong recommendation to mercy to the Executive Council, he would forward also the two questions. His Honour said the whole matter of the report was one entirely for him, and he could not discuss that matter.

During the course of the trial, one of the Crown witnesses, a college student, in answer to the Crown Prosecutor, said ho had seen a photograph in a weekly paper before he went to the identification parade at the police station with the object of seeing if he could pick out the man he had seen outside the house in Ohiro road, where James was living. The Chief Justice said that although he did not propose making any comment at that stage, he might have something to say about the matter later, and to-day he referred to this question, and also to the subject of the publication of photographs of accused persons generally. His Honour said he thought that on‘two previous occasions in murder cases he had indicated a warning note in the interests of justice, and on one occasion he well remembered that the Attorney-General of the day caused a pronouncement at some length to he given out to the newspapers. The practice was one that must be cheeked. If it was not. he felt that some day or other it would result in a miscarriage of justice. “ I can say nothing about this particular case, because 1 don’t know the circumstances,” said His Honour, “ except this, thatnt is for the Crown law officers to look into the matter and decide what, if any, action should be taken.”

Air Evans Scott, who was representing the Crown, and to whom His Honour’s remarks were addressed, said he would mention the matter to Air Alacassey.