SCENE IN COURT

New Zealand Herald, Volume LXXI, Issue 21744, 8 March 1934, Page 16

SCENE IN COURT

JUDGE REBUKES JURY "GOOD ADVICE" IGNORED An unusual scene occurred in the Criminal Court in Melbourne recently, at the second trial of William Henry Bayc, when a jury again failed to agree on the charges of manslaughter and assault arising from the death of Hex Bonnie Simpson, aged 11, from tetanus on November IG. Judge Winneke told the jury that it would be unsafe to convict Bayc on the charge of manslaughter, and that lie should be acquitted on that charge. After being locked up for six and a-half hours, the jury refused to take the Judge's advice and acquit Bayc. When the foreman of the jury announced that they, had been unable to reach a decision, Mr. Maxwell, K.C., who appeared for Bayc, said he would submit that the jury was bound to act in accordance with the Judge's direction.

Judge Winneke: I thought the jury would take good advice. Some of the jury are determined not to accept good advice. The only conclusion I can come to is that there is a good deal of prejudice in this case. Turning to the foreman, Judge Winneke said angrily and in a loud voice: "The'best thing J can do is to finally discharge you. You arc finally discharged." Judge Winneke then remanded Bayc on bail.