THE CHARGE AGAINST ELLISON.

New Zealand Mail, Issue 1249, 6 February 1896, Page 19

THE CHARGE AGAINST ELLISON.

THE CASE DISMISSED. Mr Martin, S.M., attended at the Terrace Gaol on Tuesday morning, for the purpose of taking the evidence of the convict J. 11. Brown in the charge of procuring abortion preferred against T. H. Ellison. The convict, who looked very ill, was lying on a bed in the Gaol hospital, and Mr Martin told him that it was in his power either to clear the accused or, i: the person was guilty, to prove his guilt, and so do his duty to the State. Witness informed His Worship that he did not mean to answer any questions. Replying to Mr Gray, counsel for the Crown, witness said hie chief ground for refusing was tbat lie was prepared to swear that he never performed any operation upon Miss Marshall, that he never administered any drug, or did anything to cause an abortion upon her. In his interview with him (Brown), Mr Gray had admitted that he had been sentenced upon the Marshall case, and he therefore felt that ho had been tried and sentenced for an offence which he had never committed. Further questioned by Mr Gray, witness said he absolutely declined to give any reasons for his refusal. Mr Gray said his objection was that Brown's statement would go forth containing something whioh of course he (Mr Gray) did not admit.

His Worship said he had no means of compelling Brown to answer. He had given practically no reason for declining. If Brown was a free man he could send him to goal for refusing to answer, but Brown was probably there for IS years, and the only punishment he could give him would be that he would get a little less food, which would be simple cruelty, as the man was now in the hospital. Besides, the witness was free to answer or not, and must not be coerced. "The case was then remanded to 11 o'clock at the Magistrate's Court. At that hour Mr Gray said he did not propose to make any further attempt to obtain evidence from Brown. He had no further evidence to call, but he urged that there was already sufficient evidence given to warrant the case being submitted to a jury. His Worship said ho would not call on Mr Skerrett for the d -.fence. The case was an extraordinary one in many ways. He had to decide on the law of the land as it was, and not strain the law to meet the facts of the case. No jury would convict on the faces of the case as it stood at present, and therefore, no matter what eveiwone might think, the case was not one to send for trial. - T-LiS , ".e..was not the slightest evidence that an i illegal optjrivtkm had been performed at all; there wai no evidence" tkair rtfr ■£££i*ation, if performed, had been performed at trreBrowns' house ; and no evidence of an agreement between Brown and Ellison that such an operation should be performed, although it was true that Brown and Ellison were friends, and that Ellison visited the house. The case would therefore be dismissed.