CHARGE OF MURDER.

Hawke's Bay Tribune, Volume XVI, Issue 221, 4 September 1926, Page 5

CHARGE OF MURDER.

DYING WOMAN’S DEPOSITIONS.

Sia’PRESSION OF GIRLB’ NAMES

Wellington, Sept. 3. The hearing of the murder charge against Elizabeth Ann Wylie, alias Neville, aged 49, in respect of Elsie Davis, married woman, on July 11, was continued to day. Mr Stephenson, for the accused, referred to the suppression of the names of the girls called as witnesses. He said there were serious interests in another direction than that of the girls, and those of the accused. The result of the name of one of the girls being published before the suppression order was made had led to the defence receiving information about her which would be of the greatest assistance later on.

Mr Macasscy, for the Crown, said the witnesses could have no motive in giving false evidence. It was against their own interests to give evidence at all.

Mr Stephenson said it had always been one of the principles of British justice that the accused should be given every opportunity and the proceedings taken in the open light of day.

Mr E. Page, S.M., eaid he would con aider the point and give a decision in the afternoon.

Mr Stephenson also again raised the point that the dying woman’s depositions were taken on an abortion charge, not one of murder. Mt Page, replying to Mr Stephenson, said he had admitted the depositions to prove other charges that could be laid and which fell within the case in the Supreme Court. He had not only the question of murder to consider, but whether there was any other indictable offence on which the accused could 4>e scent for trial.

Mr. Page, S.M., alter considering the objection of Mr. Stevenson to the suppression of the names of girl witnesses, agreed to allow them to be published on the ground that the feeling of witnesses must not be allowed to outweigh consideration for the accused.

On the conclusion of the evidence, Mr. Stevenson said the only submission the defence would make was that there was no legal evidence to send the accused forward on a murder charge.

Mr. Page: Counsel for the defence has pressed me to give a ruling as to whether the depositions taken on the abortion charge are admissible on the murder charge. If it were necessary for me to express my opinion on this important and difficult question I should do so, but I do not consider it necessary. This is not a trial, but an I have merely to ascertain the term of the statute as to whether there is sufficient evidence to put the accused on her trial for an indictable offence. It is clear that the depositions are admissible on the abortion charge, but whether they are admissible on the charge of murder must be decided by another tribunal.

Mr. Stevenson: Is there any particular offence you are sending her forward on?

Mr. Page: I find there is evidence to justify me sending her forward on a charge of abortion.

Mr. Stevenson: Is she committed on a charge of abortion only? Mr. Page- I send her forward on an indictable offence. She could he charged with abortion and possibly with two other charges, tpurder or manslaughter. Boil in the sum of £3OO, with two sureties of £l5O each, was renewed.