SUPREME COURT.

Hawera Star, Volume XLVIII, 15 December 1924, Page 5

SUPREME COURT.

ALLEGED ILLEGAL OPERATION. THE JURY DISAGREES. NEW PLYMOUTH, Dee. 13. The jury was unable to agree on a verdict as to the guilt or innocence of Heaton Clyde Burgess, a enemist’s assistant, of Stratford, who was retried in the Supreme Court at New Plymouth yesterday before His Honour Mr. Justice McGregor with having unlawfully used an instrument with intent to procure miscarriage, the offence being alleged to have been .committed at Hawera. Burgess was tried earlier in the session, but the jury was discharged without being asked to return a verdict when it was discovered that one of their number was a connection by marriage of the accused.

At his retrial yesterday, Mr. C. 11. Weston (Crown Prosecutor) conducted the case for the Crown and Mr. P. O’Dea, with Mr. R. R. Tyrer, again appeared for the accused. The following jury was empanelled: Messrs A. L. Roberts (foreman), L. Thomas, J. E. Pel lew, C. Hannan, W. B Linn, W. Healy, J. Roch, H. A. Calder. T. W. Lone, E. E. Johns, W. W. Pickles and C 4. W. Anstis. The jury was out for over four hours, and they were unable to reach a verdict. The foreman stated that they had taken several notes but had been unable to make any alteration in the decision of the various members.

A new trial was ordered to take place at the next sittings of the court, Burgess being released on hail, himself in £sof) and two securities of £2,50, as wlien previously released.