THE WINTON MURDER CASE.

Timaru Herald, Volume LVIII, Issue 1831, 3 August 1895, Page 4

THE WINTON MURDER CASE.

The Judges of the Court of Appeal delivered their considered judgments m the case Regina v. Minnie Dean on Wednesday morning. The Chief Justice dealt first with the argument that the evidence objected to was not admissible for the purpose of negativing accident because there was no evidence of accident at the time of its admission, the whole of the evidence pointing to design. His Honour held that the fact that the evidence tendered fortified an already strong case could not be a reason for its exclusion, and this point was . not arguable. Dealing with other points, his Honour held the disappearance of the other children was m substance similar to the disappearance of the child with the murder of whom Mrs Dean was charged, and was accounted for by her m the same way— namely, by a statement that it had been adopted by some lady whose name was not given. It was not necessary that other bodies found should be identified with children received by Mrs Dean. The principle was that if there had existed a systematic course under which accused had been m the habit of receiving children on pretence of adopting them, taking a fee quite inadequate for their support except for a very short period, and the disposal of each of them shortly after receiving them m a manner calculated to give rise to grave suspicion, then such a systematic course might be proved as bearing upon the question whether the death of the child m the particular case charged was designed or accidental. The evidence was much more certainly admissible m the present case than m Makin's case, because the proof ot the administration of laudanum by accused to a particular child was abundantly clear. Mr JusticeWilliameconsidered Makin's case more than answered the motion, and that even if that case had not been decided the objection could not. have been sustained. The proof of administration of the drug was clear, and the evidence objected to was clearly admissible to show that it was done with a criminal intention. The case of Regina v. Hall m no way conflicted with this. Mr Justice Denniston thought the invalidity of the arguments m support of the motion so free from doubt that the court ought not by calling on counsel for the Crown to suggest any possibility of question. Xlie evidence was clearly admissible to show accused was a babyfarmer, and her motives were not benevolent and philanthropic, as she represented, but sordid and mercenary. Mr Justice Conolly delivered a w'itten judgment concurring. Mr .lustice Richmond also concurred but delivered no judgment owing to indisposition.

The motion of leave to appeal was therefore unanimously refused.

(By Telegraph.;

WELLINGTON, August 2.

A special meeting of the Executive Council is summoned for half-past 9 o'clock to-morrow morning to consider the case of Minnie Dean, who is lying under sentence of death.