The Aratapu Tragedy Case

Northern Advocate, 23 July 1938, Page 6

The Aratapu Tragedy Case

| [Special to “Northern Advocate.’-} J AUCKLAND, This Day. 1 A verdict of guilt of manslaughter 1 with a very strong recommendation to mercy, was returned by the jury in the Supremo Court yesterday in the case in which Hazel Frances Evans, aged 21, was charged with murdering her live-months-old daughter by drowning her in the Northern Wairoa River on April 3. Mr V. R. Meredith, for the Crown, said that accused's healthy child had been thrown into the river, and the evidence was so clear that it was impossible to come to any other conclusion than that it was the accused who did this. Describing the conditions under which the accused had been living. Mr R. A. Singer, for the accused, said she 1 had been deliberately prevented by her parents from obtaining from the father of the child that assistance to which she was justly entitled and which the law would insist upon. She was distracted and made desperate by the situation, counsel said, by the way she was treated and the things said to her in her home. His Honour’s Summing Up. His Honour said the jury had""to consider whether it had been proved that the child, when still living, had been thrown into the river by the accused. The evidence showed that she had opportunity to do so, and her statement explicity admitted it. There was no evidence upon which they could find that the accused did not know the nature and quality of tier act. Although he had directed them evidence that would Justify them reas a matter of law that there was no ducing Hie charge to one of manslaughter if they found the facts were as he had indicated, yet they had the power to bring in a verdict of manslaughter if they decided to do that. “That is the power you have. - ’ His Honour continued, “but you will recognise that it should not bo exercised in the face of evidence that proves the major charge." The law had prescribed the maximum penalty of death among other reasons for the protection ol young children and for the restraint of weak-minded people who might be tempted - to lake this course to gel themselves out of grave difficulties. It had been put to them as a third alternative that they were entitled to acquit the accused, but they would have to consider the evidence very carefully before they allowed themselves to adopt that course. The jury reported its verdict after two hours and ton-minutes. His Honour said he need hardly (ell (hem that their recommendation to mercy would be given the fullest weight that it could be given under the circumstances. The accused was remanded for sentence.