DISTURBING FACTOR

Manawatu Standard, Volume LXI, Issue 192, 16 July 1941, Page 6

DISTURBING FACTOR

DISAGREEMENT OF JURIES.

CHIEF JUSTICE OUTSPOKEN After three juries had failed to agree on two counts against Julia May Ambury, married, aged 50, of Wellington, she was to-day brought before the Supreme Court arid was told by the Chief Justice (lit. Hon. Sir Michael Myers) that tho Crown had decided to temper justice with mercy and not to proceed further in the case. She wa.s told sternly that she might go. The counts wore that on January 9. 1941, at Palmerston North, she did, by an unlawful act. cause the death of Agnes Amelia Henderson and thereby commit manslaughter; and did use an] instrument with intent to procure a certain result. When tho case was called, the Crown Prosecutor (Mr H. R. Cooper) stated that, after communicating with the authorities in Wellington, he did not propose to proceed with an application he had made previously for a! new trial and proposed to file a stay of! proceedings. ! His Honour: I take it, then, tltat '. thfc Solicitor-General will file a stay of' proceedings. Mr Cooper: Yes, Your Honour. His Honour: It is impossible to say! that that is not quite a proper course J to take after three abortive trials. Thej fact; however, that three juries have failed to agree in a case of this class, j where on the evidence it is extrmely difficult to see any reasonable ground for difference of opinion, is extremely disturbing, the more so because it is by no means the first time that this ■ has happened in this class of case. It , is difficult to see how any nation can; expect long to survive if the d est rue- ! tion of its embryonic life becomes a habit, and such a practice may well; bo encouraged to develop into a habit i if persons minded to destroy embryonic life, whether for pecuniary gain or otherwise, are allowed to feel that they may do so with impunity. The responsibility of jurors in these cases; is n very grave one. |

Turning toward accused in the dock, His Honour said, sternly: You may undcrst-i nd that the Crown has decided to temper justice with mercy and not to proceed further in this case. You have heard what I have said. You may go.

Counsel for accused at the hearings were Messrs. F. W. Ongley and J. Donovan (both of Wellington).