THE NAPIER CASE

Manawatu Standard, Volume LV, Issue 227, 23 August 1935, Page 2

THE NAPIER CASE

ACCUSED i'IOT GUILTY. Per Press Association. NAPIER, Aug. 22. At the trial of Phyllis Leslie Tui Marshall, aged 18, on charges of attempting to murder .Alma Lorraine Keith, on May 22, or, alternatively, that with intent to kill Miss Keith she attempted to cause Jter to take poison, the jury found accused not guilty on both charges. In his summing up, Mr Justice Reed said the case was undoubtedly a very important one. “If you read the newspapers you will see that the matter of chocolate-poisoning has received a good deal of publicity lately,” lie said. His Honour referred to the other chocolate-poisoning cases, and said there was a gravo danger of neurotic people attempting to follow the course set by others. The jury was not entitled to say, if they thought accused guilty, “she is a young girl and she has learnt her lesson.’ The issues were quite clear. The first was, Did accused send the packet? The answer was, 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 them. His Honour proceeded to refer to admitted facts, which, if they could stand alone, would he perfectly clear evidence of the guilt of accused. The statement made by accused to the police on June 28 contained no suggestion of tho present defence that had arisen after the second statement mado by accused on August IG. “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, lie had been charged with having intended to cause injury to accused with an implement which would have fractured her skull. His Honour made reference to a letter written by accused to Jack Masters, and which accused alleged Masters 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 hoy,” added His Honour. When her statement had been taken and Detective-Sergeant Nuttall had pointed out to accused the seriousness of her position had Miss Keith eaten any of the chocolates, accused had replied: “What would it have mattered if she had died?” The jurv was entitled to take into consideration in deciding what they thought of accused’s animus toward Miss Keith. “I ask you, is it possible to conceive that the girl, man as did accused, did not ask Masters what was in tho parcel he asked her to address to her rival?” asked His Honour. With regard to tho note found inside the packet, His Honour referred to accused’s evidence to the effect that she wrote the words in the sittingroom when Masters 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 the other hand, what advantage would accused get from putting in tho packet a note with handwriting like Masters's?” Accused was acquitted after the return of the jury with a not guilty •qorpjaj.