Agostini Found Guilty Of Manslaughter

Northern Advocate, 29 June 1944, Page 2

Agostini Found Guilty Of Manslaughter

MELBOURNE, This Day

Agostini was found guilty of manslaughter at the conclusion of the “Pyjama girl” trial yesterday.

After counsel’s addresses and Mr Justice Lowe’s summing up, the jury retired to consider its verdict at 3.40 p.m. but was recalled for further direction by the Judge who said that if tlie jurors had any reasonable doubt whether the cause of death was accidental, they should give the prisoner the benefit of it, even if they rejected Agostini’s account. The jury then retired again at 3.58 p.rn. and returned at 5.40 with a verdict of manslaughter. Accused was remanded for sentence.

An unexpected incident occurred when the court opened yesterday morning when Dr. Palmer Benbow rose in court and asked to be sworn so that he could give evidence. At the inquest several months ago. Dr. Benbow gave lengthy evidence in support of a claim by Mrs Jeanette Routledge that the “Pyjama girl” was her illegitimate daughter, Anna Philomena Morgan. When Dr. Benbow rise yesterday morning the Judge asked: “Who are you?” and was told: “Dr. Benbow, sir.”

His Honor asked Dr. Benbow to sit down and the jury was ordered irom the court. Dr. Benbow. given permission to address the court, began: “With great respect. I wish to be sworn and place before you vital information regarding the welfare of this prisoner.’’

His Honor: Wiiat have you to do with this case?

Dr. Benbow: f have collected information to place before you.

Ilis Honor: Is this information known to defence counsel? Dr. Benbow: It is known to defence counsel and the prosecution and has been suppressed by both. It. was also withheld from the coroner.

His Honor: I don’t propose to hear you. Just take your seat. Dr. Benbow sat down and the addresses proceeded.