WOMAN GUILTY

New Zealand Herald, Volume LXXIV, Issue 22865, 21 October 1937, Page 16

WOMAN GUILTY

PROCURING ABORTION COMMENTS BY JUDGE THE DUTY OF JURIES REFERENCE TO CAMPAIGN [BY TELEORAPH—PRESS ASSOCIATION'] CHRISTCHURCH. Wednesday The trial of two Christchurch married women, jointly facing three charges of procuring abortion, ended in tho Supreme Court at 8.30 to-night when the jury found one woman guilty on all counts, with a strong recommendation to mercy* and failed to agree on the charges against the second woman. The woman found guilty was Agnes ißurns, in whose house, it had been stated in evidence, tho operations had been* performed and who had made a Etatement to the police. Tho second woman, who was remanded for a further trial, was Gertrude Graco Taylor, who, the Crown alleged, had been •the person actually performing the .operations. Taylor had refused to make .a statement and one of two material witnesses had stated that she could not identify her as the woman. Mr. A. W. Brown prosecuted for the Crown. Mr. Hardie Boys (Wellington), with him Mr. K. A. Gough, appeared for Taylor, and Mr. D. W. Russell for Burns. The case was heard before Mr. .Justice Northcroft. Suggested Remedy In his address to the jury Mr. Russell 1 - : Eaid that six people were concerned as parties in the allegations—two men, two girl .witnesses and tho two accused. "Yet of tho six, only tho two accused aro facing you in tho dock," ha said. ' The CrotVn Prosecutor had very properly, ;Mr. Russell continued, asked the jury to disregard altogether the present campaign against abortion, in the newspapers and elsewhere. "Even in this morning's newspapers you will have seen that the Anglican Synod has made a pronouncement on the subject," Mr. Russell said. "It is not for you and I to suggest a remedy for abortion, but I do say that one way would bo to prosecute everyone who takes part in it." ' His Honor: I cannot allow your summing-up to proceed alone those lines, Mr. That might properly be said in Parliament, out not > here. The jury is only concerned with this case. Accomplice Witnesses Mr. Hardie Boys, in his address, said !' that the Crown relied for proof of its case on the evidence of accomplice witnesses, the two girls. There was no gainsaying i;ke guilt of the accomplice •witnesses, and yet they were far from being in the dock. Against Taylor tho ' only evidence was that of tho accomplices, and one of them could not ; identify her as the woman who . was alleged to have performed the opera- > tion. The men involved, if they had ■ been called, would also have given evidence as accomplices, he continued, but they had not even been asked to | face the humiliation of coming to the ' Court. 1 Mr. Hardie Boys added that not the least part of the campaign against abortion f was the campaign against juries. Certain literature had attacked juries which, did not convict in cases of f. abortion —as though it was the task of i juries, to/convict regardless of the facts. "No one is entitled to stampede you ..into a verdict,", he continued. His Honor's Direction

His Honor, summing up, said there ■was a good deal of controversy and public discussion and disquiet about the extent of abortion. It was perfectly true that because those who were charged —• or considered they were charged—with the investigation of social problems were concerned about abortion,; that was no reason why a jury in any particular case should find an accused person guilty. A case should not be decided on general statements on the prevalence or undesirability of abortion, but on the facts. On the .other hand, a jury should not allow itself to be led away from its duty by reason of such a controversy if it considered an accused person to be guilty. It might seem, His Honor continued, if the jury came to the con,elusion that the case against Taylor was doubtful, that it would be halrsh that Burns should be convicted, while the principal offender, whoever she might be, went free, but that should not be a, consideration. In any case, whatever Taylor might be, Burns seemed to have made possible the conduct of what appeared to bo a regular abortion business. ~~ Danger of Injustice "You hare to be true to your oath," His Honor continued. "If juries are to decide on sentiment or because of public controversy the law will be brought into contempt. It is much more dangerous that justice, should not be done than that these abortions should continue as rampant as it is suggested they are at present." 'The jury retired at 4.20 p.m. and returned 1 *sl? 8.20 p.m. In answer to a question from His Honor the foreman said.that there was.no chance that, given more time to, consider, the jury would agree about Taylor. Burns was remanded for sentence. Taylor was released on bail and a further fixture Tfas made for Tuesday next.