NOT GUILTY.

Sun (Christchurch), Volume II, Issue 565, 1 December 1915, Page 3

NOT GUILTY.

MRS PERRY ACQUITTED.

THE RAMARAMA TRAGEDY.

„ Press AssociationAUCKLAND, November 30. "When the case for. the prosecution Lad closed, Mr Prendergast, who appeared for Mrs Perry, addressed the jury. He proceeded to quote a leading legal authority for the purpose of establishing that-it was not sufficient that accused's guilt "was the only likely explanation of the particular crime. Such suspicion on the part j of the jury was not sufficient to, justify conviction. Counsel then quoted further authority upon the question of circumstantial evidence, and its interpretation. Various circumstances, he continued, were not to be emphasised or disregarded, merely in so far, as they bore upon a certain theory of the crime, but must be considered in regard to all possible theories. Referring to the Crown's attempts to establish a motive, he mentioned the fact that, the accused had been married at 15 years of age, and had had nine children. It did not appear, however, that the relations between husband and Wife became less satisfactory through the whole period of their married life. With regard to McDowell, it was not to be inferred that his advent caused discord between them, for though Perry proposed to cut his wife and one child out of his will, he was easily persuaded hot to carry out this intention, and, further, he remained ■ friendly with McDowell up to the last. It was admitted that in the week of the tragedy deceased and his wife had a quarrel over some money, but they were plainly on good terms on the Friday, when deceased went to Auckland, and also when ce returned, for the family had supper together quite amicably. Turning to the question of the gun, counsel submitted that the fact that accused borrowed it was not to be held against her. Further, it had been stated that when the gun was used on the Thursday, the last two cartridges had been used. Perry kept all his cartridges in a locked room, and the Crown ought therefore to have established that accused procured a cartridge some time before the murder, and secreted it. THE SUMMING UP. His Honour, in summing up, drew attention to various possible theories. The first was suicide, which he dismissed at once. The second was that the shot might have been fired through the window, and the third that it was fired inside. There were two people in the house .jyhp might have done it. It was a horrible alternative, arid he was glad Counsel for the defence had never suggested that the boy might have shot his father. His Honour went on to deal with the question of motive. Motive, he said, was not proof, and motive had no right* to be ased to bolster up a weak case. It yould be grossly unfair to assume that simply because a motive existed an accused person could commit a crime in order to obtain his or her desires. The evidence of motive in this case was not of a_ compelling character. From a worldly standpoint) the accused would have gained little or no advantage i>y the death of her husband. The other suggestion was that she wanted to get rid of her husband because of her illicit relationship with Mc- , Dowell, who had made a contemptible appearance in Court: McDowell had availed himself of the privilege which the law allowed of declining to answer questions which might be held to incriminate him. The jury must not draw any conclusions with regard to prisoner because McDowell took this most cowardly and contemptible course. . A frank and free statement would have been more to his credit. Was it likely that accused could have expected ' McDowell to take her and nine children under his 4are, although she did not then know him to be so contemptible as he had since proved himself? -It was not the duty of the jury to solve the mystery, and they must base their decision on absolute proofs. ' VERDICT OF NOT GUILTY. The jury, after half an hour's retirement, returned a verdict of not guilty. His Honour said he quite concurred with the verdict. The circumstances, though highly suspicious, were lacking in that certainty that was required for a conviction.