THE SILENT WITNESS.

Lyttelton Times, Volume CXVIII, Issue 18413, 20 May 1920, Page 5

THE SILENT WITNESS.

SENTENCED TO NINE MONTHS’ IMPRISONMENT. [Per Press Association.] \Y ELDING IOIN, May 19. The singular case in winch two men, J. R. Hay mi, chemist, ot Dufiedm, and N. iNeylon, formerly a butcher ot Waimate, were charged with unlawfully using an instrument, was before the Supremo Court again, and once more uroke down through the girl, Gladys Batchelor, relusing to give evidence. In order to remove tne probability of her pleading that she might incriminate herselt she was tried a tew days ago, an the Judge explained, on every possible charge that coulcl bo brought against her, and sentenced to nominal imprisonment. She was now free, but tho Court could not make her spoak. • The hist question asked her was: Had she been keeping company with iNeylon:' She refused to answer, on tne ground that sue might incriminate herself by committing perjury, and to this she stuck, despite tne J udge’s attempt to induce her to reply. Tho Crown Prosecutor said she had given evidence before on three occasions. It was only on the last time in Wellington that she had refused. There was not the slightest ground why she should not give evidence. After some moments’ consideration, in which the witness maintained hen- attitude unmoved, Ivir Justice Herdman turned to her and said, “ I want to point tins out to you. if you tell the truth, and you have sworn to tell tno truth’ you have nothing whatever to fear. You have sworn to toff the truth, and you refuso to do so.” Witness (lamtly hut firmly): “Yes.”

His Honor: “ i want to point out to you that your position is a very serious one. lou have sworn to tell the truth and you refuse to tell, and there is no possible grounds 1 can see to justify your plea that you might incriminate yourself. You hayo already boon charged with every possible onence arising out of the affair. It comes to this, that you refuse to answer now. Very well, l'adjudge you to he guilty of contempt of Court. You refuse to answer the question put to you by the Crown Prosecutor: Wero you keeping company with Neylon in September lastP You havo offered no lawful excuse and given no reasonable grounds for not answering that question, therefore my dutv_ is to sentence you to a term of imprisonment- Take your stand over there. ”

The Judge pointed to a position by the dock, where the prisoners stood. The witness left t[ie box and took up her stand between the jury and the dock. •

The Court then bad to determine what was to be done witli the accused. Counsel for both objected to a further remand, and Mr Jackson, for Neylon, said it wis more like persecution than prosecution, but had to withdraw his remark.

llis Honor ordered the trial to be postponed till next! session. Bail was allowed. ■ '

The Judge then dealt with the recalcitrant witness. He said ho had already attached her for contempt of Court for refusing to answer the questions of the Grown. “It is now my duty,”' he said, “to sentence you for contempt! of Court, of which you have been foifnd guilty. 1 order you to be imprisoned for a term of nine months. Counsel for the Crown will see that! a proper warrant is made out, and prisoner will remain in custody in tile meanwhile. It will be understood, of course, that the sentence is one of imprisonment, not hard labour.’’