ALLEGED ATTEMPTED ABORTION.

Otago Witness, Issue 1892, 15 May 1890, Page 19

ALLEGED ATTEMPTED ABORTION.

At the City Police Court on Wednesday mornicg, Wm, Sandison was brought before-Messrs A. Mercer, A.'MolllßOn, and J. Elmer, J.P.s, and charged with having on the 16tb of last month feloniously and unlawfully caused to be taken by one Ida Matilda Sandison a large quantity of a csjtain noxious thing with the intent thereby then to produce the miscarriage of the said Ida Matildn Sandison. Mr Sim appeared for the informnnt, and Mr Fraser to defend. Mr Sim said he asked for a remand till next week. The case for the prosecution naturally depended to a great extent on the evidence of the infoimant, Mrs Sandison and that lady was too ill to attend the court that day. The>e proceedings had naturally upset her to a co siderable degree, and the doctor did not consider it safe for her to attend that day. Another grouud was that some expert evidence would be culled, and- that evidence was not ieady yet ; so on these two grounds counsel juked that the case might be remande I till somi day next week. Mr Praeer had only to «ay in connection with this matter that, although such an application ns that ttmde by ills learned 'riend might on rentonable in some cases for an indictable offence, in the present instance there whsb:i utter want of re-ison in the aplic'ition. In the first pace. though the bench might not know it, proceedings are pending between the parties ro this c-iae fora judloial spparation. It was true that, ihe informant in fiis case was the wife, but it wa* a'so true that tlm ren! mover in the matter wnsh- r father, an') counsel could prove to the court within three minute* that the charge was utterly groundless. Mr Sim thought that surely the court oould not go into that. He submitted th.it in dealing with an application fora remand his learned friend had no right to go into the merits of the ca«e. Mr Fraser sa d tie was dealing with the application for a remand, and if it was granted the hearii'g should be fixed at the earliest date possib'o. He would rtraind their Worships of the Eerionsness of the charge, which wns perhaps the highest that could be laid against a man. For six or eeveu years his client hid carried on business in Dunedin fis a fruit impott-r. and hid beou regarded as a man of unblenmhed reputation j and yet the prosecuting counsel coully told their Worsli;p3 that the luUy was too ill to appear. M«y be. sho would be too unwell to appear next week, and p*-rhnps also the week after. If their Worships snw fit to remand the case, he would ask that it be till next Friday. Ho did not wish to hamper the prosecution, but merely to insist thut I he case be heard nt tho earliest possible date. Mr Mercer : If the lady is not well and rannot put in an appearance, surely the benoh cannot go on with the case in'her absonce. Mr Fra&er : Well if you grant an adjournment, I ask that It be till Friday. Mr Mercer : Friday week ? Mr Fraser: No, sir. Next Friday. Mr Sim : I would ask your Worships to make the remand till thin day week. Mr Frtiser : If a remand be granted till next Friday, and It prove to he a true statemeut thnt the informant is prevented from attending on that day, and produces a mcd c*l cettifieate to that effect, it may alter the position of Knitters. At prespnt we have the bare statement of counsel, who speaks according to instructions My instruct ions are that my learned friend's instructions as to the state of the lady's health are wholly fnforwet und tint therefore there is no necessity for the case being remnnued beyond Friday. Mr Sim: I consent to that on the understanding that the remand is granted without prejudice to any further adjournment it such be nee ssiiry. The Benoh: Very well. The accused is remanded till Friday. Mr Fraser: I have to a3k that the accused be admitted to bail, He is well known in Dunedin and is willing to accept bail i.imself In £100, and two sureties of £200 each. Mr Sim : On thfl question of b .il I would ask your Worships to fix etibsUnf.ml bai on the ground "that we have reason to believe tlmt Snulison is about to take his depaiture from t.hb colony. Mr Fraßcr : Yon have no right to make a statement of that sort, which can only have the effect of prejudicing the present proceedings, besides proceedings in another court. There is not one eclntilla of truth in I he statement. Mr Mercer : We do not wish to hear these things. Mr Sim repeated that tho prosecution had reason to believe that a oudden departure was intended by Sandison. When arrested the previous evening he bad in his possession a large sum of money Mr Fmser : Some £2000. You want to make capital out of that. Mr Sim : He had £2000 in his possession, and we have reason to believe that he was about to take his departure from the colony. Mr Fraser : Then I object to that statement. It is wholly incorrect. Put your proof into the box. I can assure my friend that hit instructions are Incorrect. The prosecution Is born of malice purely. It was a commercial speculation. Mr Sim : I repeat that we have reason to believe that the accused is about to leave the colony. Mr Fraser : Will your Worship allow that statement to be made? Mr Sim : I aak your Worships to fix substantial bail, so that be may be here to answer the charge next Friday or whatever date the case is remanded to. Mr Mercer: The Bench will take ball for £looo himself, and two r uretfes of £500 each. Mr Fraser: There are two charges. That stands for both? Mr Mercer : Yes. Mr Fraser : O' course, the prosecution will go into the case at far as they can next Friday ? Mr Mercer : Yes. Accused was then remanded, and was subsequently admitted to bail.