BURGESS CASE.

Hawera Star, Volume XLVII, 22 February 1928, Page 9

BURGESS CASE.

f AGO USED ACQUITTED. QUESTION OF IDENTIFICATION. (BY TELEGRAPH—SPECIAL TO “THE STAR.”) NEW PLYMOUTH, Feb. 22. The trial of Heaton Clyde Burgess, charged with unlawfully using an instrument with a view to procuring abortion, was concluded in the Supreme Court, New, Plymouth, today.

The report of evidence brought out at yesterday’s sitting appears on page 10. Addressing the jury this morning, the Crown. Prosecutor contended that the suggestion that the miscarriage was accidental and no operation was performed could be disregarded. .Mr. Aloss submitted that it was a very weak ease of its kind. There were no records of payments received, x c instruments were discovered and the place where the operation was alleged to have been performed bad never been identified. Neither was there any evidence of the other man in the case. Shorn of the trimmings there was only the girl’s story and there was really nothing in her evidence to connect the man who performed the operation with the accused. The need for corroborative evidence was shown by the fast that the girl was unable to identify the man who performed the operation. His Honour held that it was clear that an operation had been performed. As to the question who performed it he directed attention to the letters ad dressed by the girl to Burgess. The jury retired at noon, and after two arid n half hours, returned a verdict of "not guilty” and accused was discharged.