FOUND NOT GUILTY

Hawera Star, Volume LIV, 23 August 1935, Page 4

FOUND NOT GUILTY

POISONED CHOCOLATES CASE TRIAL OF 18-YEAR-GIRL HIS HONOUR’S SUMMING UP (By Telegraph—Press Association.! NAPIER, Aug. 22. The trial of Phyllis Leslie Tui Marshall, the . 18-year-old daughter of a I'ikokino farmer, ended in a not guilty verdict after the jury had been absent two and a-half hours. Marshall was charged with attempting to murder, and alternatively with intent to injure and attempting to cause Alma Lorraine Keith to take poison. His Honour- Mr Justice lteed -discharged Marshall after the jury had returned its verdict.

In his summing up his Honour said the case was undoubtedly a very important one. “If you read the newspapers,” he said, “you will see the matter of eliocolate poisoning has received a good deal of publicity lately.” His Honour referred to other chocolate poisoning cases and said there was a grave danger of neurotic people following the course set by others. The jury was not entitled to say if they thought Marshall guilty that she was a young girl and that she had learnt her* lesson.

The issues were quite clear. The first was, did Marshall send the packet? The answer was that she did. The second issue was, did she know what was in the packet? It was for the jury to decide this on the evidence placed before it. His Honour proceeded to refer to admitted facts which, if they could stand alone, would be perfectly clear evidence of guilt. Marshall’s statement made to the police on June 28 contained no suggestion of the present defence;, that had arisen after the second statement was made by Marshall bn August 16. '■ “The accused is a very clever girl and an excellent witness,” he said. “Masters on the other hand was labouring under the disadvantage of having the blame put upon him. Further, he had been charged with having intended to cause injury to the accused with an implement which would have fractured her skull.” His Honour made reference to a letter written by Marshall to Jaek Masters and which Marshall alleged Blasters had threatened to send to a paper for publication and show to her father. “It is nothing more than a well-expressed love letter from a girl to a boy,” added his .Honour. When the statement had been taken and Detective-Sergeant Nuttall pointed out to Marshall the seriousness of hor position had Bliss Keith eaten any chocolates, Blarshall replied, “What would it have mattered -if she had died?” Tlie jury,-was entitled to take this into consij3eratio|n deekTijig what it thought was accused’s attitude towards Bliss Keith. “I ask you, is it possible to conceive that a girl, loving a mail as did Blarshall, did not ask ,Blasters wliat was in the parcel lie asked Irer to address to her rival?” asked liis Honour with regard to a note found inside the packet. His Honour referred to Blarshall’s evidence to the effect that she wrote the words in the sitting room when Blasters was present. “Can you imagine a man putting in a note that would at once put the police on to his tracks, for the writing was so like his?” asked his Honour. “But on tlie other hand, what advantage would accused get from putting in the packet a note with handwriting like Blasters’?”