MURDER CHARGE FAILS.

New Zealand Herald, Volume LXIV, Issue 19781, 31 October 1927, Page 12

MURDER CHARGE FAILS.

END OP XENDICH TRIAL. PROMPT VERDICT RETURNED. JUDGE'S ADVICE TO JURY. *COULD NOT POSSIBLY CONVICT" After a retirement of only 20 minutes, the jury returned a verdict of not guilty in the case of Paul Lendich, the Dalmatian, whose trial for murder of the infant of a Maori girl near Kaitaia was concluded in the Supreme Court on Saturday. "Take this man, brought from the dungeon to the dock and ircun the dock to the witness-box, and yet he has never wavered from his story and he has been frank and candid throughout," said Mr. 6. P. Fiulay, in opening his address for the defence. Counsel suggested the same candour had not characterised the evidence for the prosecution. There had been only the Maori girl's word that a living child had been born and her statement to that effect conflicted with her first declaration that there had been no birth. A most exhaustive search had revealed no vjrace of a body and, lacking production of the object of the alleged murder, the evidence wa3 doubly deficient. The prosecution could not show that a death had Iwen caused and the evidence even failed to establish that a birth had taken place. From th> first, accused had denied he had sees a child, and he had heen open in his action in summoning fcid when the girl had expected confinement. " , Attitude of the Girl. The girl alleged that accused had spirited away the child immediately after its birth, but the evidence had proved that she h&d been smiling and cheerful after her illness. "You know how the very beasts of the field will bellow and howl -if their offspring are taken away," said counsel. "If there had been one thought in the girl's heart that accused had taken away her child. • she would not have been cheerful and happy. She would have shrank from him. Instead, she returned to live with him." Counsel urged that consideration should be given to the evidence given by Dr. H. G. Rix to the effect that the girl appeared to have, been suffering from a complaint that was generally associated with stillbirths.. i ''lf you are not satisfied with the testimony of the girl, you must acquit, but if you accept her story, no sentiment should stand in the way of voar grave duty," said Mr. Justice Herdman, in summing np. The highest standard of proof was required, and the jury would have to be absolutely convinced that a living infant had been born. Referring to the credibility of the girl, His Honor said: "She is a girl whose morals are just about as meagre as her word is unreliable. Time after time she stated that no child had been born. The whole structure of the case rests on the statement of this girl, and on her own admission her word in certain circumstances is tto'i to be believed," "irreconcilable Behaviour.' Special heed should be p-ad to the evidence of Dr. Rix. This tfUmony might explain the entire statement of the accused. The girl's behaviour after the supposed birth seemed irreconcilable with her allegation that accused had taken the infant. "I think that you could not possibly take the responsibility of imposing a conviction in a case founded «n evidence of this description," concluded His Honor. When the jury announced au acquittal, Mr. S. L Paterson, for the Crown, said that in view of the evidence that Lendich had summoned assistance when a confinement was expected, he would not proceed with the second charge of concealment of birth. Hi 3 Honor: A very proper course. Mr. Paterson said he would apply to the Attorney-General lor a nulh prosequi order in respect to the minor charge. His Honor 3aid there would be no need to keep. Lendich in custody until the order was issued.