SUPREME COURT

Manawatu Standard, Volume LXI, Issue 191, 15 July 1941, Page 2

SUPREME COURT

THIRD DISAGREEMENT.

The jury again failed to agree, yesterday, in the trial in the Supreme Court in which Julia May Ambury, married, aged 50, of Wellington, was charged that on January 9, 1941, at Palmerston North, she did, by an unlawful act, cause the death of Agnes Eva Amelia Henderson and thereby commit manslaughter; and, secondly, with using a certain instrument with intent to procure a certain result. At I two previous trials the juries failed to agree on these two counts. The Chief Justice (lit. Hon. Sir Michael Myers) presided. Mr H. R. Cooper appeared for the Crown, and| Messrs F. W. Ongley and J. Donovan] (both of Wellington) for accused. I Evidence was given for the prosecution on the lines of that at the pre-] vious trials. No evidence was called for the defence and, following the addresses of counsel to the jury, His Honour, in summing up, pointed to evidence of corroboration. After being in retirement for five hours the jury were unable to agree. At the end of four hours they returned to ask His Honour if Mrs Henderson had made a statement while in hospital, His Honour replying that there was a statement, but he could assure the jury it would make no difference to the case.

When the foreman, at the end of five hours, said "there was no possibility of an agreement, His Honour asked if he could help them in any way. The- foreman said the only help needed was in respect of Mrs Henderson's hospital statement. His Honour: I can't understand it, gentlemen. You have to decide the case on the evidence before you. Further evidence cannot be aammed and already I have told you it would not help one way or the other. I say that with the concurrence of both counsel.

The foreman: There is no possibility of an agreement. His Honour: Then I shall have to discharge you. Mr Cooper made formal application for a new trial, which was granted.