THE HAYNE-NEYLON CASE

Otago Daily Times, Issue 17940, 20 May 1920, Page 3

THE HAYNE-NEYLON CASE

GLADYS BATCHELQR REMAINS OBDURATE. ADJUDGED GUILTY OF CONTEMPT. SENTENCED TO NINE MONTHS' IMPRISONMENT. (Faou Oob Own Cobbbsfondkht.) WELLINGTON, May 19. The Hayne-Neylou wise was ooinmenoed anew in tne Supreme Court here u>-duy, and again abruptly ended tor the time being. Hia Honor Mr Justice Henlmaii was on uie benoh. Counsel for the Urown and tor the accused each freely exercised the right of GUaUeitge as the jury was being empanelled. The accused Iseyion was wearing tne badge ot a returned soldier.

Mr Macaeaey opened the cose for the Crown in a brief address of only nine minutes' duration. His first witness was Wm. James Hutchison (labourer), who travelled with Gladys Batchelor in the train irom Waimate to Dunedin, und stated that he had directed her to Hayne's shop. He left her at the door and saw her enter the shop. Mrs Christina Walker, a Dunedin boardinghouse keeper, gave evidence as to Gladys Batohelor having stayed at her house tor ii few days in September of last year. Sho stayed from Friday till Monday. To Mr O'Leary : Sht. did not Btay there on the Monday night. iJougias das. vviute, an employee of M'Leod Bros., detailed the oiroumstances under which a letter addessed to Gladys Batohelor, and containing a £30- and £10 note sent from Waimate, oame into the hand* of the accountant of the firm.

The evidence of the accountant given in the lower court was read. THE SILENT WITNESS. The next witness called was Gladys Batcnelor. In answer to Mr Moc&ssey, she said she lived at Waunate witn her iather and mother. ■ Mr Macassey: You are 20 years of age? . Witness: iwenty-one. Mr Maoaseey: ¥ou know Neylon. Were you keeping company with him lost year V Witness: 1 refuse to answer.—Why? Because 1 might incriminate myself. This latter statement the witness immediately qualified by stating that her refusal was because ol the fear that she might commit perjury. His Honor: That is no excuse.. You are on oath, and you must give vour evidence. Are we to understand that the only reason you refuse to answer questions is because you may oommit perjury? Witness (in a low voice, but with evident determination): Yes. . Itere was a brief pause while tho judge made a note of this in his book. His Honor: Let us ole&rly understand the position. To' Mr Maoassey: What is the question 1 Mr Macassoy: Tho question waa, "You knew Neylon. Were you keeping company with Neylon in September lost?" His Honor (to witness): You refuse to ans.vor that question on the ground that you may inorimmate yourself ?—No answer. His Honor- Why do you say you would inoriminato yourself? Witness: My evidence might not be tne same. His Hour: Andi therefore you say you may commit perjury I— No answer. Mr Macassey: I may point out that tne witness has already given evidence on tliteo occasions. She spoke freely in the Magistrate's Oourt, and she also gave evidence twice before the Supreme Court. To Witness : Thon you declined to give evidence here at the last sitting of the court ? Witness: Yee. Since than you have been prosecuted m Dunsdin and convicted of permitting abortion? —No answer. His Honor: Is that the case? Witness (almost inaudibly) : Yee. Mr Macassey. You were imprisoned until the rising of the court? Witness: Yes. Mr Macassey: And you ore now at liberty. Gmjjri Q¥ oojqrEMPT. .

Hie Honor (spaalcing slowly, so that the court typist might take down his wards): Let ue be quite sure about this. The question that was put to you by Mr Macaasey was whether you had been keeping company with Neylon in September last. You refuse to answer that question? Witness: Yes. His Honor: On the ground that you may perjure yourself? Witness: Yes. His Ponor: Although you have been sworn to tell the truth, you may now give evidence that is false, is that correct? Witness (almost inaudibly): Yes. His Honor: Now, Mr Macassey, what do you propose to do? Mr Macassey baid there was no ground for this refusal to give evidence, and he proposed to ask that the case be adjourned. His Honor (to witness): I want to point this out to you: that if you tell the truth— and you are sworn to tell the truth—there is nothing whatever to fear. You understand that? Witness: Yes.

Hk Honor: And you refuse to do it?—No answer.

His Honor: You lefnse? Witness: Yes.

His Honor: Very well. Mr Ma<vssey said that witness had been charged on three counts at Dunedin, and had beor. convicted and sentenced on one of them, and found not guilty on the other two. Sli3 therefore stood in no peril of being further charged. His Honor (to witness): I want to point out to you that your position is a very serious one. The position is this: You have been sworn to tell the truth. There is no possible ground that I can see to justify you in suggesting that you can incriminate yourself, oecause you have already been charged with every possible offence arising out of this alleged miscarriage. You refuse to answer, although sworn to tell the truth, on the srround that you may tell something that is false. Witness: Yes.

Bis Honor: Very well, then; you are convicted of contempt of court for refusing to answer a relevant question put to you by counsel for the Crown. You have no reasonable exouse for refusing to answer the question. It is therefore my duty to sentence you to a term of imprisonment. This 1 shail do in a few momenta. You may eland down.

Mr Maosssey then made application to have tho trial adjourned until the next sittings of the court Mr Jaoksan, on behalf of Neylon, raised strong objections, stating that in the interests of justice and fair play the accused should not be asked to come back again. At the last trial in Wellington Mr Wilford had staled when this witness refused to give evidence that the same thing would happen again. His Honor: That cannot be helped, Mr Jackson. It does not matter what Mr Wilford or anybody else said. What I have to consider is whether the ends of justice wili bo met by adjourning this case. In my opinion it will, and this is the course I propose to take. I propose to say nothing more- except this: In the lower court this girl gave ovidence, beiore the Supreme Court she gave similar evidence, and at trie second trial she also gave evidence, hui more reluctantly. She has' refused to give evidence to-day. I propose to adjouia the Cbbt.

Mr Jackson: Is no consideration to be given to the prisoners at all? His Honor: '1 hey ■ will be given the consideration they are entitled to, having regard to the necessities existing to see that the ends of justice are met. It is useless for Mr Jackson to pursue the matter. I have Qmklc ip my mind. Mr Jackson: Very well, your Honor. I cannot say any more, .but it seems to me that tile prosecution is more like porsecution. ,

His Honor: You must not say that. I shall not allow you to say it. Mr Jackson: Very well, your Honor. I beg your Honor's pardon. I have gono too far, but it seemed to me that there was some justification for it. Mr O'Leary, on behalf of Hayne, said that he did not consent to the application for an adjournment that had been made, and he protested against it. His Honor said he was convinced that the proper course was to grant the application in accordance with the powers conferred on the judge by seotion 413 of tho Crimes Act, giving power in any emergency i n which it is deotned expedient for the ends of justice to discharge the jury without their giving a verdict, and to direct that a new jury bo empanelled, or to postpone tho trial on such terms as justice requires. In this case it was highly expedient in the ends of justice that the trial should be postponed until the next criminal sittings of the court in Wellington.' Bail was allowed the accused as formerly. WITNESS SENTENCED.

The judge then directed that the girl ehould stand in front of the dock, not ineido t!»a dock Addressing the refractory witness, he said: "Gladys Eatehelor, I have already judged you guilty of contempt of court in refusing to answer a relevant quost/on put by counsel for the Crown without your having any lawful or reasonu\Ae exciiso for doini; so. You will be sentenced to imprisonment for nine months.

Tho sentence, of course, will not be with bard labour. Counsel for tho Crown will eeo that a proper warrant is made out. You will remain in custody until a nroper warrant is prepared." The witness received tho sentence in eilonoe, remaining obdurate to the last Except that she became a trifle paler, sho showed no signs of emotion. She stvt stolidly besido the police 'matron, awaiting tho further course of events. In about three months' time she will probably be given another chance of unsealing hor lips.