ILLEGAL OPERATION.

Feilding Star, Volume I, Issue 125, 24 November 1906, Page 4

ILLEGAL OPERATION.

[Pbr Press Association.] Dunedin, November 23. The Supreme Court was engaged to-day hearing a case in which James Reynolds Hayne, chemist, was charged with manslaughter of Margaret Kendrick, the allegation being that he had performed an illegal operation. Mr Solomon and Mr Hanlon appeared for accused, and objected to the admission of dying depositions., Mr Justice Cooper decided to admit the statement and reserve the point for the Appeal Court if there was a conviction. No evidence was called for the defence. Mr Solomon in his address to the jury pointed out that the accused was charged with killing a woman, and the evidence showed he did not kill her. Admitting that an instrument was used, Dr. Roberts said that was not the cause of death, but the introduction of a virulent subject either liquid or solid. He challenged the statement that an instrument was used by Hayne, and commented on the fact of prisoner not having been notified that the woman's depositions were to be taken and on the fact of the Magistrate and doctor who were present not being called. Mr Justice Cooper, in summing up, said it was unfortunate accused had not been notified that the depositions were to be taken. He could have attended personally, or by counsel, and possibly some statement now appearing would have borne a different aspect. The jury, after a retirement of ten minutes, returned a verdict of " Not Guilty," and accused was dischareed.