ALLEGED CONCEALMENT OF BIRTH.

Otago Daily Times, Issue 8587, 31 August 1889, Page 2 (Supplement)

ALLEGED CONCEALMENT OF BIRTH.

At tho City Police Court yesterday morning, Margaret Heads was charged (ou remand) before Messrs J. Logan, J. P. Joue3, and Colin Allan, J.P.s, with concealing tho birth of a male child on the 3rd inst.

Sir Robert Stout appeared for the accused,

The evidence for tho prosecution was substantially the same tw that given at the inquest recently iv whioh tho accused was concerned, the witnesses being Margaret Kenny, Dr Coughtrey, aud Sergeant O'Neill. None of these weru cross-examined, and no evidence was called for tho defence.

Sir Robert Stout submitted that there was no cose to nuswer. That was why he had not asked the witnesses a single question. He would, in tho first place, direct their Worships' attention to tho words of the statute under which the information was laid. If they looked at the act of 1807 they would fiud tho words of the Bection to be these: "If any woman shall be delivered of a child, any person who shall by any secret disposition of the dead body of tho said child

. . . endeavour to conceal the birth shall bo guilty of a misdemeanour," so that it must be proved that there was a secret disposition before thero was au offence within the meaning of the act. Now, as to what was a secret disposition was laid down in numerous cases. It had been soil that the woman denied the biith of tho child, 'out that was not evideiiou of concealment of birth. That had been decided inthotsasoof llegina v. Turner. There was also another case " on all fours " with tho present one—that was, Regiun v. Sleep. In that case it was held that to endeavour to couceal birth by a secret disposition tho body must bo put into somo place where it was not likely to be found. The placing of it in an open box in tho prisoner's bedroom was not a secreb disposition within the meaning of the statute. Counsel also cited the caso of Regiua v. Jane George us bearing on the present caso. In that oase he pointed out there was a denial of tbo facts. The prisoner was an assistant in a draper's shop, and she denied the birth of a child. She left the house ivhero she was staying, and two days afterwards the body of a child was found in another bedroom to that in which the prisoner had slept. The body was ia a box within a box, and vras covered up with clothes, but neither of the boxes were locked. In that case tbe judgo Baid he was entirely of opinion that tliero was no offence. He (counsel) submitted that that caso wan fai Mrouger than the present one, In this caso there was not a secret disposition at all. The body of the child was put in the same place where Mrs Kenny found it—namely, in a wardrobe, that was not shut. Hence thero could bo no sscret disposition within tho meaning of tha net. It was therefore useless to put the country to the expense of sending tho accused for trial.

Thu bench retired for a few minutes to consider their decision, and afterwards Mr Logau intimated that "tho accused would be discharged.