A SILENT WITNESS.

New Zealand Herald, Volume LVII, Issue 17475, 20 May 1920, Page 5

A SILENT WITNESS.

i' ' % EVIDENCE REFUSED. PUNISHED FOE " CONTEMPT." NINE MONTHS' IMPRISONMENT I [BY telegraph.—own correspondent. ] WELLINGTON, Wednesday. The singular case in which two men, —J. R. Hayne, chemist, of Dunedin, and N. Neylon, formerly batcher, of Waimate— charged with unlawful 1 ) - using an instrument, was before the Supreme J Court again to-day, and once more broke I down through the girl, Gladys Batchelor, I refusing to give evidence. In order to remove the possibility of her pleading that she might incriminate herself, she was freed a few days ago, as the Judge put.it, on every possible charge thai could be brought against her, and rcr. tenced to nominal imprisonment. Sin l was now free, but the Court ccu!d not make her speak. The first question asked her was : Had I she been keeping company with Xeyion? She refused to answer, on the ground that- she might incriminate herself by committing perjury, and to this she stuck, despite the Judge's attempt to induce her to reply. I The Crown prosecutor said she had given evidence before on three occasion?, jit was only at the last trial in WellingI ton that she had refused. There was not the slightest ground why she should j not give evidence. After some moments consideration, in which the witness maintained her attitude unmoved, Judge Herdman turned to her and said : " I want to point this-out to you. If you tell the truth, and you have sworn to tell the truth, you have nothing whatever to fear. You have sworn to tell the truth and you refuse to do so?" Witness (faintly, but firmly) : Yes. His Honor: I want to point out to you that your position is a very serious one. You have sworn to tell the truth, and you refuse, .■ and there is no possible ground I can see to justify your plea that you might incriminate yourself. You have already been charged with every possible offence arising out of the affair. It comes to this, that you refuse to answer now. Very well, I adjudge you to lis guilty of contempt of Court. You refu>s to answer the question put to you by tin Crown Prosecutor : ' Were you keeping company with Neylon in September last? You have offered no lawful excuse and given no reasonable grounds for not answering that question. Therefore my duty is to sentence von to a term of imprisonment. Take your stand over there. The Judge pointed to a position by the • dock. fa Witness left the bos and took up her stand between the jury and the dock. ' \ The Court then had to determine what was to be done with the accused. Counsel for both objected to a further remand, and Mr. Jackson' for Nevlon, said it was more like persecution than prosecution, but had to withdraw his remark. His Honor ordered that the trial' be ; postponed until the next session. Bail was allowed. The Judge then dealt with the recalcitrant witness. He said he had already attached her for contempt of Court for refusing to answer questions of the Crown. "It is now my duty to sentence you for contempt of Court, of which you have been found guilty. I order you" to be imprisoned for a term of nine months. Counsel for the Crown will see that a proper warrant is made out, and the prisoner will remain in custody in the meanwhile. It will be understood, of course, that the sentence is not one of imprisonment with hard labour.''