A CHARGE OF MURDER.

Lyttelton Times, Volume CXVII, Issue 17097, 21 February 1916, Page 3

A CHARGE OF MURDER.

VERDICT OF " NOT GUILTY." At tho Supreme Court on .Saturday, before his Honor Mr Justice Stringer, Mary Ann Reid (Mr Ouningham) was charged that- on October 16 last she did murder her two illegitimate infant children. Mr S. G. Raymond, K.C., appeared for the Crown. Accused pleaded not guilty. The defence exhausted its six challenges of jurymen. Mr Raymond said that the accused was a married woman, aged twenty-nine, separate*! from her husband two and a half years ago, and had since lived with her parents at Hornby. About tlireo mouths before October last, in reply to 'Jier mother's inquiry, accused denied bqing pregnant. On October 16, between (j and 7 p.m. accused bathed the four children of her marriage and afterwards left the house. At about 0 p.m. accused returned and fainted at the doorway and was sent to bed. At about 10 p.m. all the household retired. Between (i and 7 a.m. on October 17 the accused's mother visited tho accused's bedroom, and learnt from the accused that she had been confined of two children, whose bodies were in the scrub. Accused said that the children were not born alive. The accused's father found the bodies of the children, which were both fully developed, One body was naked and one was wrapped in sheeting Roth had rags twisted round the necks. Medical evidence would bo called to prove that both tho children had lived during and after birth. Continuing, Mr Raymond said that the defence might plead insanity, but if that were, done, the onus of proof rested with the defence. Mr Cuningham said that the defence of insanity would be set up. Mary Hannah Weeks, mother of the accused, residing at Hornby, said that her daughter bad been married for nine years and had four children living by her -husband. These children were residing with witness. Accused had also resided with witness during the last eighteen months. Accused's husband had deserted lnar twice. Once he left her stranded in Australia and she worked her way home and later forgave him. "Fie again deserted her and his whereabouts for the past three years were unknown. Witness re-j peatcd a conversation between her and | her daughter in July Inst, and added | that shortly afterwards accused went i to Aharon, returning on October 13 Witness then spoke to accused, who again denied pregnancy. There was a peculiar expression on accused's face, but she went about her work a.s usual. Slip- said she had a headache. On. October 16 all the housohold bad tea together about 6 p.m. After tea, accused bathed her four children and then went out. That was about 7 p.m. When, accused returned, about 8.30 p.m.j she seemed to he in an exhausted condition, and lay down on a sofa. She complained of feeling faint, and was helped to bed. To answer to witness's accusation that accused had been confined, accused said that tho children would lx> found outside in the scrub, and that they had not been born alive. When witness spoke to the accused, after tho bodies were found, she said, "Oh., mother, if you knew what I have, suffered you would forgive me." To Mr Cuningham: Within tho first five years of accused's married life she gave birth to four children. Accused always lived-at home before he,r marriage. She was always a bright sweettempered girl, of a reserved disposition. Witness did not approve of her daughter's marriage. The marriage moved unhappy. Pier daughter often appeared' worried, but was always a kind mother. Her husband's desertion, leaving her .with four little ones. seemed to worry her a great deal. Her gaiety was forced when she seemed to be bright. On October 1G ifc was a moonlight night, with a cold wind. When asked if the children had been born alive, accused answered (freely and without hesitation. • No member of witness's family'had'ever suffered mentally. Henry Weeks, husband of .the previous witness, farmer, said that on the morning of October 17, he-went to the scrub and ultimately found the bodies of two infants. He brought "them to an outhouse. Each child' had a strip of rag around tho neck. 'One rasi was tied. Tlie bodies lay about eightyfive feet from the house. \ Constable William . Wo.rsley, stationed at Islington, said' that on the sftevmon of October 17, he proceeded to Weeks's bouse, a?id was given the bodies, which he took to the Morgue D-eteetive Reginald Ward, stationed at Christchurch. said that he arrested the accused at Hornby, and took her to. the Hospital. She made no reply to the charge. -.Frederick John Borne, medical practitioner. Christchurch. said that the bodies of the two children found by Mr Weeks were fully developed. The rags around the children's necks were, tied sufficiently to cause strangulation. La tor, a postmortem examination at the Christchurch Morgue was held. Witness war. certain that the children lived during birth, but would not swear that they' lived after birth. __ Death was due to strangulation. When be saw the accused she appeared quite normal and sane. To Mr Cunningham: Rapid childbirth, at times, affected the mentality of a_ mother. Walter Fox. surgeon in charge o"f the Christchurch Hospital, gave evidence to the stay in the hospital of the accused. He saw her daily, and nothing abnormal was noticed as to her mental condition. She was a very healthy young woman. In his opinion the children fully breathed, judging from the evidence given. None ol the evidence as to the accused's demeanour tat tho time suggested insanity, although at such periods women were liable to sudden mental changes and derangements. That concluded the case for the Crown. His Honor said that upon the medical evidence there did not seem to be sufficient evidence that the children had lived as the law required*. Mr Raymond replied that lie relied mainly on tho going out of the accused and her statement to her mother. Slis Honor said that bo did not think it necessary to call on Mr Cunningham to addrrss the jury. . Murder meant the killing of one human being by another. It was possible that a "child' could be a living child and yet not have breathed at all. On the other hand a child might breathe and vet not become, a human being. The evidence of Br -Borrie showed that the, accused's child breathed, but the doctor could not say that, the breathing took place after completion of birth. That being so. he (his Honor) would direct the jury as a matter of law that there was no evidence to show the children had breathed as human beings, and that a verdict of net guilty should bo recorded. The jury formally returned a verdict of not guilty, and' the accused was discharged. This concluded the criminal eases set for the bearing. Tho Court adjourned at 11-55 a.m.