ALLEGED MURDER

NZ Truth, Issue 771, 14 August 1920, Page 6

ALLEGED MURDER

I Case of Agnes Elizabeth Mepkam CAPITAL CHARGE REDUCED TO MANSLAUGHTER. Sentence of Eighteen Months' Imprisonment Imposed.

At the Wellington criminal sessions on Wednesday last week, the day was occupied In hearing the murder charge laid by the Crov/n against Agnea Elizabeth Mepham, a young woman, aged 23 years. The Indictment? alleged that Mephan murdered tier Infant male child at Porirua, on June 8, laat His Honor, Mr. Justice Chapman, presided. Mr P.S.K. Macassey prosecuted on behalf of the Crown, and Mr. C. H, Treadwell appeared for accused. The young- woman is small, of Blight build and allegedly sub-normal. She was accommodated with a seat In the dock, and was thus effectively screened from the prying eyes of curious folk. An interesting feature of Uio case to tho layman was the DIVERSE AND MUTUALLY DICGTRUCTIVE EVIDENCE given by four of Wellington's leading doctors, who were called as experts. Mr. Macassey, m opening 1 , outlined his casa.' Ho abjured the jury not to be .guided by sentimental reasons, but to do theii- duty according to tho evidence*. The first part of tha evidence called was a replica of tho depositions taken m tho lower court two weeks ago, a summary of which appeared m. "Truth" of that date. Briefly it was shown that accused, a 'single woman, resided with her parents at Porirua, and went daily to domestic service at Johnsonville, About a month ago some children playing- on a vacant section at Johnsonville discovered the dead body of a male infant. A post-mortem examination, conducted by Dr. Hector, essayed to show that the babe had lived after birth, and as there waa a tape tied tightly round its neck, the doctor's theory -was that it had met its death by asphyxiation. Accused, when first taxed with the crime, replied to the detective: "You are making a mistake." A few days later, however, when again interrogated, she made a written confession, m which she blamed a man named Douthart for her condition, and that she had given birth to a child at / her parents' home at Porirua, on or about June 9 last. She went through the ordeal, unattended and alone. She tied the tape, round the child's nock, after which she <kept the body under a mat trass m (her bedroom for some days, subsequently she took it to Johnsonville and deposited iU wherp it was found. Dr. Hector said the body had apparently been exposed to the elements for' some weeks, and he believed the child to ' have lived for a period not exceeding two days and more than a few minutes. He considered the child had been strangled. . Mr. Treadwell: i Could* not there have been strangulation before It was born? — I think not In the present case. Dr. Ernest Rawson propounded a theory and set of circumstances by which an infant could have been STRANGLED bY* NATURAL CAUSES at birth. Dr. Gilmer said that on the conditions oa set out by Dr. Hector, ha agreed with the latter'a findings. Accused did not entor tha box. Dr. R. Campbell Begg -was Uhen called. He was wholly for the theory that the child had bean strangled by natural means, i.0., the umbilical cord. There was nothing to show that this had been done by the tape. Mr. Macassey: Is not the condition of the body consistent with a sudden strangulation having been effected? — I think strangulation by whatever means is always a sudden occurrence. Mr. C. H. Treadwell, m addressing the jury, pointed out that accused was charged with a crime for which the law had only one penalty, and if acoused was found to be guilty then his Honor would have, no option but to pronounce sentence of death. Counsel stressed certain "extraordinary aspects of the case." First, that accused had been able to conceal her condition so completely from her parents and her employer. Counsel also thought it extraordinary that the man, "Douthart," (had not been produced by the prosecution. His Honor Interrupted drily that counsel must know that even if Douthart was called, his -evidence would be absolutely Irrelevant to ' the (present charge. Mr. Macassey said, it it was alleged that the child had died from accidental strangling, what was the tape doing round its neck? If the child was born dead there would be no object whatever m tying the tape round Its neck. His Honor summed up for the jury at considerable length, and pointed out that It did not" matter if their verdict was logical or Illogical so longr as they Investigated the charge according' to the evidence which had been placed before them, 'and if It was In accord with their intelligence and consciences. The jury retired about. 5 o'clock, and after being away over an hour, returned with a verdict of not guilty on tho capital charge, but found the accused guilty of manslaughter. The jury added a STRONG RECOMMENDATION TO MERCY Mr. Treadwell, m appealing for leniency to 3iis Honor, mentioned that the prisoner was shockingly burned when she was only 7 years old, the whole of the left Bide of her body being affected. This had had such an effect on her that she had never been the same slnco. His Honor was very brief. He told tlhe girl that her child did not die by accident. The jury In finding her guilty of manslaughter had recommended leniency. The sentence would bo very lenient. She would be Imprisoned for eighteen months.