DEATH SENTENCE.

Gisborne Times, Volume LIII, Issue 5666, 21 December 1920, Page 3

DEATH SENTENCE.

twice Passed on a man

September 1, sentenced to death October 29. new trial granted.

November 30, sentenced to death.".' To be sentenced to death twice in his engagement with the law was the experience of Janies Stewart, aged, 30, an engineer, and ,'looking for a parallel of this-case one would find probably only one previous instance’ in the annals of our court*. The second trial of Stewart came to an end before Mr Acting-J,ustice James at the Central Criminal' Court. The prisoner -was charged' - with a capital offence on liis niece,- ‘aged- 17,• and the jury, which retired at 2.40, returned to court at 4.23 for the purpose of hearing the .girl's, evidence reread, for the" purpose of asking her further- questions!' -Its verdict of guilty was announced £t. 5.35, and a recommendation of mercy was added. The prisoner, om whom sentence of death was passed, protested his innocence before leaving the dock. He appeared to have resigned himself to the worst.

Officials of the Crown • Law Department stated that only one previous instance could be recalled in New South Wales of a man being twice sentenced to death.' This man had been; found guilty, of having hanged his wife, but was granted a new trial by the Court of Criminal Appeals. A search of the records of the English Courts, tvould disclose that a double death sentence for the one man was a unique happening for any country. Stewart’s first conviction was set aside by the Court of Criminal Appeal, on the ground . that certain evidence given by the girl’s mother of u . complaint made to her by the girl , was not altogether, free and voluntary, but was induced by a. leading question, put to the girl by the mother.