CHEMIST CHARGED.

New Zealand Herald, Volume LIX, Issue 18019, 18 February 1922, Page 10

CHEMIST CHARGED.

CASE AGAINST HAYNE.

DEAD WOMAN'S STATEMENT.

JURY FAILS TO AGREE.

[BY. teleqraph— press association.]

CHRISTCHURCH. Friday. Charges of manslaughter and attempt-

ing to procure a miscarriage were preferred against James Reynold Hayne, a Uunedin chemist, at tho Supreme Court -to-day. Opening the case the Crown Prosecutor said Mrs. Atkins was admitted to the Timaru Hospital suffering from a miscarriage and died on November 5. Mrs. Atkins' evidence was taken in hospital by a magistrate, and it formed tho basis oi the case against auused. Counsel then outlined Mrs. Atkins' evidence. Tho jury, ho said, would be entitled to convict Hayne on Mrs. Atkins' evidence alone, hut, it would not bo safe to do so without corroborative evidence. The ground for corroboration was an exact description of Hayne'a premises given by Mrs. Atkins, also a conversation between Hilton and Hayne. There were only threo possiblo explanations of Mrs. Atkins' death—one that slio died

from septic abortion caused by natural abortion; two, that 6he died from septic abortion caused by nn operation other than by accused; three, that she died from septic abortion caused by an operation performed by accused. The evidence seemed to point to the third being correct.

Louis Bruce Stringer, medical officer at tho Timaru Hospital, stated in evidence that Mrs. Atkins when admitted was suffering from the effects of a migcarriajio. Cross-examined, witness said the was one of septic abortion, and the abortion might be either from manipulation or natural causes. Thero was nothing to show which deceased had suffered. Mrs. Atkins' deposition was tendered by the Crown. Frederick Alfred Hilton, brother of Mrs. Atkins, stated that ho went to Hayne's shop and in course of conversation with Hayne said his sister was there, and he had como tor her. Mrs Atkins was brought in, and they left. Witness was not questioned by the dofence.

Detective Reid gave evidence respecting tho arrest of Hayno and the appoint- : ments of his premises. This closed the Crown's case, For the defence Mr. Hanlon said he would not call evidence. Addresses by Oounsel. Addressing the jury, Mr. Donnelly said tho suggestion that tho miscarriage was brought about by natural causes should be dismissed immediately in view of the nature of tho evidence. The question for tho jury was whether tho prisoner was the man- who had brought about the miscarriage. TEo woman's story was perfectly clear and consistent and was amply corroborated. Mr, Hanlon, for tho accused, said that in law Mrs. Atkins was an accomplice of Hayne because she was alleged to havo gone to him and asked for an operation. Had they, he asked, been presented with her evidence in a satisfactory way t They had been unable to witness her demeanour in giving evidence and under crossexamination. All they had wag a typewritten document containing her evidence—statements made beforo someone else. Would they be prepared to convict prisoner upon that without corroboration ? Surely not! The evidence in corroboration must tend to show that the prisoner was the man who procured the miscarriage of the woman. Had such corroboration been presented ? Was there corroboration of an illegal operation having been performed upon tho woman? He contended thero was not. Question of Corroboration. After commenting on the evidence brought forward by the Crown, Mr. Han- . lon said it was iiot sufficient for the Crown to come along with a statement by the deceased woman if there were I any flaws at all in it. Ho submitted that I serious flaws had been exposed. The ' Crown harped upon her description of the, placo but 7t proved nothing, Tho corroboration was the. weakest possible It 1 had gone to show, that Mrs. Atkins'had j not told the whole truth about tho matter. i

Tho jury retired at 3.45 p.m. and returned shortly after 8 o'clock, the foreman announcing that there was no hope of coming to an agreement. The Crown Prosecutor moved for a new trial on February 27, which was granted The accused was liberated on bail of £1000.