THE STYCHE CASE.

New Zealand Times, Volume LXXI, Issue 4316, 27 March 1901, Page 3

THE STYCHE CASE.

ATTEMPT TO IOIorOUIC .ML’UDKU. MOTION FOR NEW TRIAL. In tho Court of Appeal yesterday, beI'.'re tlie full j’enen of six Judges, a motion was heard for a new trial of Harry Vincent Stycho, who, at Christchurch, on (lie 22ud November, 1000, was convicted of having attempted to procure the murder of his wife. Air Joynt appeared to support the motion, and .Mr Stringer for the Crown. Tho motion was made under section -I Id of the Criminal Code Act, 189 H, on Iho ground that tho verdict at tho trial was against the weight of evidence.

Air Joynt said that the effect of granting a now trial on the ground stated would bo to review the verdict of tho jury. The effect would probably bo that on a new trial the Jury would feel themselves hound to acquit tho accused, because ho presumed Unit if this Court found by its judgment that tho jury on tho trial ought nob to have convicted the accused on the evidence which was led, then, in tho absence of further incriminating evidence, tho .second jury, at tho new trial, could not return a good and proper verdict of guilty. If that war, the effect of granting a new trial it would be entirely consistent witii justice that it should bo so ; . Air Justice Conolly: The evidence might not ho the same at tho now trial. Air Joynt ; lint If there was no further incriminating evidence, tho jury at the uew trial would perhaps ho directed to acquit. In civil cases tho jury bad to tako the evidence apart from n presumption either way. In criminal eases, however, the jury had to begin wifh a presumption. Tho Chief Justice; Of innocence? Air Joynt went on to say that trial by jury in civil cases was dying out, or being strangled. In connection with criminal cases it was being attacked by the Legislature. Mr Justice DenmV.toii : Ouo trial is quite sufficient for us at present, w'llnout putting trial by jury on its trial

Mr Jcynt; Perhaps I should not have gone into that, but it occurred to mo it was to fv>jTJO extent appropriate. Mr Stringer, in roplv to a. remark by MV Joynt, said that Mr Justice Martin. in granting leave to apply for a now trial, did not express any opinion except as to the- importance of the i.ppTcimou Tim Chief Justice: Surely, if a case were fairly arguable a Judge would send

it ini. Mr Stringer said ilmt Mr Justi'e Marti; - ! did not suggest that the verdict was. one that the jury ought not to have found Air Ji.vnl. submitted as a. general proS position ’ that the most that could bo laid of tin, evidence was that it showo 1 a Mi.-nicious case. The Crown Prosecutor and the Judge both pressed dn jury that they should not convict on ia suspicious case. Tho whole of the cvdence and all the surrounding circumstances amounted to nothing more than or even to as much as, a case of strong

suspicion. In tho course of a discussion as to the typewritten letters supposed to have been written by Styohe, tho Court intimated that it would like to have the machine in question before it, and a telegram was sent to Christchurch by '> i : Mr ‘Stringer to have it sent up by tho ;noxt steamer. Mr Stringer said that trial by in criminal cases was such an. essential characteristic of our criminal jurisprudence that tho Court of Appeal would, , he submitted, hesitate very much before interfering with the verdict of a jury that had bad the advantage of observing tho demeanour of the witnesses and seeing the various explan itions given and illustrated in open Court p lii criminal casestoo, it blioulcl not bo forgotten that there was a preliminary investigation by a Magistrate, and that the case was afterwards considered by .. a Grand. Jury. When the case was tried, the Judge had the right—in fact, it was his duty—if there was any element of weakness in tho case, to sc advise the jury. The accused Pad the benefit of all these safeguards. In deiline with "the evidence, Air Stringer aa" I : t was almost-proved to demonstration that the typewriter in question was the machine which was used in the production of the letters, which had such an important bearing on tno case. In reply to a question from the Bench, Mr Stringer said the motive suggest cd for tho crime was either that tho accused’s wife was physically repugnan; to him in some way, or that ho might have east his affections in some other direction. Of course, there was no evidence or either of those things. H s to aid to admit that, so far as the evidence wont an to the relations between the accused and bis wife, .they set-mod to have been of tho happiest character. But it was- known that there were somo notorious cases, m which guilt had been established olcar y enough, and in which the criminal ano bis victim seemed to hare previously lived on tho happiest of terms. The Court adjourned for the day be f fore Mr Stringer bad finished his argu-