ALLEGED CONCEALMENT.

New Zealand Herald, Volume LI, Issue 15770, 19 November 1914, Page 3

ALLEGED CONCEALMENT.

BIRTH OF A CHILD.

A totog woman, 23 years of age appeared before Mr. F. V. Frazer, S.M., at the Police Court yesterday afternoon on a charge that on October 30 she concealed the birth of her child. Chief-Detective McMahon appeared for the police, and Mr. Moody for the accused.

The father of the accused said that on the night in question the girl aroused him and complained of pains. He decided that she was suffering from indigestion, and procured some medicine for her. Nest day his daughter said she felt better. He went to his business at 8.30 a.m., and returned about 10.15 a.m. and, as she did not seem well, he persuaded her to allow him to call in a doctor. Dr. Coldicutt was summoned, and ordered her to the hospital, and on the way she told witness of her trouble. When he returned home he searched a place to which she had directed him, and found the body of a child. Dr. Coldjcutt said that- after he had ordered accused to the hospital he received a further message, and went to accused's house, where he found the body of a wellnourished female child. There were do marks of violence about the body. The lungs indicated that the child had breathed, but exhibited no signs of death by suffocation. He was of opinion that death was due to exposure and slight hemorrhage. If the mother had had attention at the time the child might have lived. He could not say that the child was born alive- in the legal sense. At the time he thought the woman might have been in such a mental state that she did not know what she was doing when she wrapped up the body and put it in the trunk. Mr. Moody contended that there was no case to go to a jury, for it had to be proved that the child's body was put in the box in order to conceal the birth. The evidence showed that the young woman had stated where the child's body was. and there was no reasonable probability of a jury convicting her. There was no attempt to conceal the birth, and the accused put the body in the trunk when she was in a semi-conscious condition. He proceeded to quote authorities in support of his contention. The magistrate said that it appeared to him that the mother was hardly in a condition to know what she was doing, and the mere fact of her putting the child s body in the trunk was nut sufficient evidence to warrant him committing her for trial on a charge of concealment. When asked, she stated where the body was, though she certainly hid her condition from her father. The case would be dismissed.