CHARGE NOT PROVED

New Zealand Herald, Volume LXXVI, Issue 23487, 26 October 1939, Page 18

CHARGE NOT PROVED

ACQUITTAL OF WOMAN P A charge of having disposed of the dead body of her child, with intent to conceal the fact that she had given birth to it, was preferred against Edith Muriel Mather, single, aged 20, in the Supreme Court yesterday before Mr. Justice Fair. The Crown Prosecutor, Mr. V. R. Meredith, appeared for the Crown, and Mr. S. C. Clarke for the defence. Mr. Meredith said that according to accused's statement the child was born alive on the night of July 18. It cried for a couple of seconds and then soon stopped breathing. When she saw it was dead she put it in a cement bag and concealed it under the house. Dr. S. W. Williams said he had found no evidence of external or internal injury. Death was due to shock following exposure. In answer to His Honor Mr. Meredith said he did not submit that there was a case to answer. There was not sufficient evidence for the jury. _ His Honor said he thought it was proper for Mr. Meredith to have made that statement. He felt bound to direct as a matter of law that the evidence was insufficient to convict the accused of the offenco with which she was charged. It was essential that when such things happened the most thorough inquiry should be made, but the evidence here was such that no jury could possibly hold that the charge had been proved in the way the law required. Tlio jury brought in a verdict of acquittal as directed.