SUPREME COURT.

Taranaki Daily News, 13 December 1924, Page 6

SUPREME COURT.

ALLEGED ILLEGAL OPERATION. THE JURY DISAGREES. The ju-ry was unable to agree on a verdk-t as to the guilt or innocence of Heaton Clyde Burgess, a chemist's assistant, of Stratford, who was retried in the Supreme Court at New Plymouth yesterday before His Honour Air. Justice AlacGregor with having unlawfully used an 'instrument with intent to procure a miscarriage, the offence being alleged to have been committed at Hawera. Burgess was tried earlier in •the session, but the jury was discharged without being asked to return a verdict when it was discovered that one of their number was a connection by marriage of the accused.

At his retrial yesterday, Air. C. H. AA'eston (iCTcwn Prosecutor) conducted the case for the Crown and Air. P. O’Dea, with Air. R. R. Tyrer, again appeared for the accused. The following jury was qmpanelled: Alessrs A. L. Roberts (foreman), L. Thomas, J, E. Pellew, U. Hannan, W. D. Linn, AV. Healy, J. Roch, H. A. Calder, T. AV- Long, E. E. Johns, AA T . AV. Pickles and G. AA 7 . Anstis.

The jury was out for over four hours, and they were unable to reach a verdict. The foreman stated that they had taken several votes but had been unable to make any alteration in the decision of the various members. A new trial was ordered to take place at the next sittings of the cour, Burgess being released cn bail, himself in £5OO and two sureties of £'2so, as when •previously released. . . The court will sit at ten o’clock this morning, when His Honour, after hear-

ing a petition for restitution of -conjugal rights, will go through the civil list with counsel. The trial will then be commen'ced of John O'Grady on a charge of having committed an unnatural offence. Jurors called for Monday are notified that they have been discharged.