SUPREME COURT.

Timaru Herald, Volume LXXXIII, Issue 12898, 8 February 1906, Page 6

SUPREME COURT.

TOliKU— WEDNESIDAY, FEB. 7th. S (B afore His Honour Mr Justice Gooper. The 1 Court- resumed at 10 a.m., to deal with ylie last cage on the calendar. Mr Justice Denniston, who had . sat on 'Tuesday, to be in Wellington this it was ai-ranged with Mr Justice Cooper, who finished the Oamaru sittings on Tuesday,- and whose sittings in Dunedia do not commence till Monday next, that lie should take the «nly remaining case at Timni'u. < ' INFANTICIDE.' Lilian Fanny Jane Hobbs, an unmarried -\romoii 23_ years of age, was charged with, the itorder of-her female infant child," at Makitihi, on December 27th. Mr Alpers conducted the prosecution, and ; NiciLor; ■defended. lis 'MyTh^ : following "sat as the jury:—Messrs J. Sinimons, T. Patterson, E. H. J. Taylor, ■J. Rawstorn, G. Bentley,Ja W. .Simpson, D- Hunter, 6. J. Shepherd, F. S'. -Candy, H. Ooe, T. «S. Stapleton, and ; . J.: Brosoahan (foreman). Counsel for tW' accused did not challenge anyone, but Mr Alperl. ordered two j uxors to "stand by." released till. 2' p.m. - *;

The- accused appeared to be. very weak and faint", and was allowed to be seated in the dock, and her sister was allowed to sit with her. - -

Mr Alpers occupied about 25 minutes in stating the case to the jury, .and fie, did this very clearly. If there were._circumtotheir pi t W€ir"fofrt'Ee" consideration of His , Honour,"©r- possibly -for ; others, not for the jury. They were there as , judges of facts only. Mr Alpers stated ilie facfe, . and then explained the bearing of the: law upon cases of this kind. It was of great importance to asciertain whether the infant .had lived, in a legal sense. Dr Barclay had made .a most thorough., and exhaustive eyaaninatioii Would state what he observed, and the conclusions he" nf being'tEat'tlie'cfiild was born alive, and had died from subsequent exposure. Mr Alpers * e ? d refengng to murder of infants, and es-plain-Sjd the circumstances wMch,- woul<i;i;ie--duce |the offence from to** Ihfahs laughter, and such, circumstances appeared to beflacking" in this case.. . Eraiua Bgurrie, .-wife -<jf the "licensee, dt ■ the Makil^]^Hot^ s trai/ ; the'first A.bou|- five weeks ' spokegto " was gregnant, feat a week later spq&e|, to again she admitted, it. Qn.. Beceigber 27th tie girl i«ji; I feel yell, and witness told her she had betted go-- homs, and she said' ; she would.r' not see her; midrdayv ' and I. thought you.hadr.gone komejlf s|e went away; by the tirid-dajr train.. To fNfrNichol: Expected she \yould go % tifetwaning train. : Here was-plenty of tmje for her to go. Made 'Bo arrangement ~. Had dona ,• without a girlHbefore. Being busy took no notice of her when she came in from Mrs Topp's; - the giri did not turn her that hid her condition. " She did not tell witness. that H it was all over. " Was certain of -that.' , If she did, .why should witness deny .it ? . 3McU wias ; Witness "enqffiafica&y.• the, girl was near heir r.nrifT^ ~ "'"W! iiave sent heir aiwav .months before if -she r that." It was not for that, reason-that witness ordered her horned Did .her a £& (Mr"; a a"teledefied "sending' such ' a itKe her knowledge. - Ann: Topp, who lives near : .the stated : that? : €ic'cns6d "came to her' the 27th, and not r and Mrs Boiim® - and .do her work. did not stay long. While" the)»' ga-fe her a cnp' of teaif- - Th«r aecnsed for seme hot water- to ■ wash' s off the -closet seat.; Did not know - before (that that she }iad been, .to "the • ■closet;' *' She spoke as usual. • Saw her at Studholme on January 4th,j,TYitiEra irowh paper -paroel. - : "J&iew'jfiof-• iEfs ■ -HobM' from it sfie could not stay at her house. It was not for want of sympathy but want of room, they having °nly two jL'oqmiß. *' Amstasia" * Jj'ogarty, Hannaton, "said accame- to her house on Thursday and. paper Witness dro\je. her fo Studholme ii^tl. Su' ; she Sad not - tlie pai'cfeT" trrfh "her, ' her .fhere it was, and she said she had sent ,away the ;'t o - "her in Timaru. In "tlie evening saw a J)arr:f| di awn from the well, and identified it c s J|lie thought to the house. Sftw g.he parcel *opened and a baby was foup<S in it. Accused knew that it was th-rirXdrinking well. T;iv..sli Xichol: Accused was not a friend, only . intimate acquaintance, and thev were, ririendlv; >ble T Barret* detailed.a- conversation ill 2 jad Tjiin accused at Stndholme en " Jnnurry -Sfli. in. which the aect?i& t'tir -V 'lnd c?e!i--yerert of a child at Mr* Topp's. and that she had put.the body down the well at!

garry's. r Wept with ■ Constable . Wude toFogarty's, Wade ' was' lowered 'down the well and brought up a brown paper parcel, which contained the body of a female child. Before going to Fogarty's. told accused to come to the police. station in the? evening to make a statement, and' she came for that purpose; witness wrote out and she signed the statement. Told her she was not obliged, to iriake any statement, and that anything ' she said would be..-used against her. (Statement) put~ in, signed by accused, admitting that she was confined in Mrs Topp's closet, and that she' put the child into the closet pit." She could -£fc say whether it was alive or not-) ; Mr Nichol cross : examined as to the manner ra which the statement was made to him. Witness to what- she had to say, and' then wrote, the iaeix in order from what she had told him. Neither witness nor .Constable Wade, who was present, asked questions or suggested what, she should .put' in jihe.v'statenieht. The diction of the statement was witness's, the facts were supplied by the accused. To Mr Alpers : .-Did not see the accused to 'spfeak' to, between seeing her at,--' Mrs Soles' and her coming to the station -two aiid > halt hours later. She had plenty of time for reflection if she did not wish to make a "statement.

Ck:-ristab]e Wa.d.e-"gay.e. evidence. regarding inquiries' -made by him. at Makikihi on Jsnruy 6fc!.. regarding this case, and his seur; a for the body and discovery of the af.eibiiih ir. Mrs Topp's closet. He then sought for fche g:rl, and on. finding her at . Soles', Studholme, she told him that shja iiad had a miscarriage. Returning with'- Constable saw. her - togefher, si.-l. censed j afci .admitted that'-" she ;lfa'i thrown ,-jt, d .yn a. well at -Sogarty's. ," ' Witness -'e ceudeu Hi? well and brought up the bc.ly. He corroborate i -'Constable. Barrett's evidence. .■ = . . .-

lo M? -o 1 : V- riessure was used to get her to make -a i.-srement. Did not sLe was going to make one •cE.il she <s_m3/ : to i the... station.- Witness ytajhed uptoe charge, aHdvit-was to witness tn.it accused confided her story. After signing the statement..she, &>l<L srifaiess -shedicl not remember anything after throwing tha- child in the hole* until she found her- - r didL.not^-say-she fainted. Knew Smith, mentioned by lac-••P'Pi'ts-'"told witness thatlshe S&im for a number of yejars, & ?d he had promised to marry her, -but nofc Jsepfc, his ppjoise. r _ " gav§S evideage of hareramfnaidon. of .the-body of. a female- in-the presence i>|7ooi&tablSißirriaf. .&$. -Wade. The : ,dep o sitions in the lower Cdurt 'aeciepMd as his evidence. There were N&- his -examination, of £the putrefying .body, and his conclusion therefrom, and from . all the related facts, that •the child was .born-' alive, and died fpom subsequent exposure! . >. Mr Nichpl seme points. Witness -Rgreed that* the accused" probably suffered a good dealof pain. Uncon-sciousness-.-was not common during labour, and the woman's own statement contraWitness agreed that the girl's mental attitude under the circumstances, these, circumstances including the lack of sympathy from other-women,;-would -be--one.'of-straiii. . Among the facts' the .fracture of -. thai, to qause .death—had been mentioned, .and .'His 'Honour; askeji"the wit-. whetfier- _.i.njighfc iiat ; •...have Jbefen' .the . ; .of -bjftk.Witness cprSjylerecfc it: possible;. but- inofc" some" of the. details, of. the examination, especially the fracture, of. t ijsvhich might have «fse| §ld§i|t®g Witness believed the --child Bird Seen legally born a&ye- I,n any case putting the-child in the clostt and leaving it there would cause •its. death.

= Mr Alpere read a quotation from Caspar's I "Forensic Medicine," on the signs >of fulij life. ; Witness did not entirely -agree with thisr authority, If this .child only hadteen 'jusst-bef unknown,; the circumstances of Iji.B' on-th unknown, one woiild ttbt; be 'justified in concluding 'from the signs defednbed by Caspar (all "were pre'eeiit) that- the child was born alive. Cas-par-stated that that conclusion, could be "founded on -examination of the body onlv and-witness would not accept that* But knowing- the mother, and having her description of her confinement, and knowing the other circumstances, with all those, added to the signs in the body, mentioned •bv Caspar, felt convinced that the child This concluded the case for the Crown, and at 12.30 the^Co J si-f.. J^4.Q^^4s; Jor i yan v Mr.,Nichol., before the jui|r, ;p.?lccd' ; .hi.< from tic. r>ratemenf'~i£i'Sde~ bv the -accused to tits police at qn, ; .the .ground that, it was «ot ar staftemeiSf' fir B f6e"-irorps of -the accused,..-as admitted'; by Cobstable Barrett." ~* -His'TJonoitf' said he could not withdraw the statement on that gronacl, as accused had adopted it by signing 3t after hearing it re-d. At a* later stage his Honour complimented the Waimate constables on the circumspect way they appeared to have collected the'evidence for the Crown.

Mr Nichol addressed the jury for something- less than a quarter Of an hour. His first point was that there was no motive for murder, except the concealment of the birth,••"and" a girl wtfuld J, nofc' jute-/fhe risk of hanging to • conceal the . fact .that she had been especially %yhqi the

young man liad promised to aaany her. He declared that the prisoner had been the victim of the lack of that sympathy, which a woman should receive from others in such circumstances. Her mistress who must have known why the girl was unwell, ordered her to pack up and go home at 8 o'clock in the morning, and Mrs Topp told her she could not stay there. Mr Nicliol briefly criticised the conclusion of the medical witness, it was only an opinion, and it was partly founded on the supposition that the confinement occupied only twenty minutes, whereas it might have occupied a much longer time. That the girl must have been frantic, demented, did not know what she was doing, and could not give a correct account of the time, was proved by her conduct afterwards, walking and travelling about, removing the child, and putting it down a friend's well. The strain on her body in keeping about when she ought to have laid up must, have put the greater strain on her mind, and her statement to the police should not be too much relied upon. The victim of the cold shoulder herself, it would have been a miracle if the child had lived; and he concluded by asking the jury to show her that sympathy v.-hic-.i the women of Makikihi had denied" iter.

His Honour's summing up occupied 55 minutes. He explained the law of culpable homicide, and said he agreed with counsel for the v defence that the circumstances of this case would not' permit of the reduction of the charge to one of manelaugher. There were three possible verdicts—guilty of murder;, a general verdict, of not guilty; and a verdict of not guilty on the ground of temporary insanity—that she was in , such a condition cf mind.at'the time' that she did not understand the nature and quality of the act she committed. His Honour explained the particular section of the Criminal Code under which the charge -was brought, and the relation to this .of the • evidence of Dr Barclay, whom his Honour complimented upon the very fair and exceedingly clear manner in which he had given his evidence. He had not, as some would have done, padded his statement with a lot of scientific terms difficult for a jury to understand ; but "had given it in such a manner that a jury without any scientific knowledge, lius with ordinary common sense and intelligence could understand it. Dr Barclay was clearly of opinion that the child was born alive. His examination of the body, disclosed all the indicia which should be present. ButDr Barcley, with eminent fairness, said he would not rely upon those indicia only; he relied also upon certain statements made by the girl. One of these statements, -and one of the three legs of the tripod upon which* Dr Barclay's conclusion rested, was that the confinement occupied only 20 minutes. His Honour examined }his point at gome length, and showed that the evidence was quite inconclusive as to the time the confinement occurred, and he suggested that* the probabilities were that it occurred before the prisoner saw Mrs Topp that morning, as on their frost meeting the accused asked for hot water to wash blood stains off the closet seat. If. that were so there was much more than 20 minutes to be accounted for. And the accused had told Constable Wade that she did not remember anything after the confinement- till she found* herself in Mrs Topp's. .It was therefore probable that toe giii was iivi capable ot properly estimating a lapse of time. His Honour discussed scone cf : fhe medical evidence as to ■ t^' k P ro^^-. c V ll ® e "°* events, one possi.biucy -Being that * the child accidentally received' fataU;iuju*y, by • fritctuW 'of the skull, in the " process oi birth! He next dealt with the pioßable state' elf mind :qs. the accused as affording or not a ground for acquittal, arid in conclusion remarked that the jury and eveiyone must feel, the utmost sympathy for. the girl, vet if thev believed.that the giri -did voluntarily take the life of the child they musi convict her; and he again stated the three alternatives before the jury. After a quarter of an hour's absence the jury returned with a verdict of riot- miilty, on the ground, tliai deceased .-was not sponsible for her actions at- the time. His Honour That means jiot guilty on the ground of insanity at . .the time. 1 * The prisoner will be kept in strict custody pending the p easure of the Colonial Secretary, under tiia circumstances the Crown. will not go oi( with the second indictment (concealment of birth)?

Mi- Aipers said he could not withdraw it except by le:.ve of tie Oolonkl Secietary.

: His Honour suggested tl> it the .reused could be charged ;aid acquit led, no evidence being offered, and Mr Aipers said he -would offer no evidence.

A jury was formally. , empanelled; the prisoner was charged, and pleaded not guilty; Mr Aipers intimated that,-in view' of the-- verdict ;in the - case the Crown offejed no evidence, and his Honour directed the jury that'under the circumstances thev should find the prisoner ctrt gui.ty, and they accordingly at -once dlil. so. : His Honour discussed with counsel and : Sergeant Johnson; where.it would-be bestto keep the prisoner in custody,, whither .in. one of tlie asylums, Seacliff-.. or Sunnyside, or in the-;'.! jmarU; gaol.- • The .prisoner preferred :Timaru ga01,., and'his Honour accordingly ordered Ler.\lo.be4-cpt there, ana :be,ijkeptcarefully Ji'iim v>(he;\ prisoners, supp;ig;r ail •^^^ceU.^)|ai»»di-^r>TT-hnteVec':tirCTtea : as; a convicted person, :*Tintil the pleasure' of. the Colonial Secretary .was known. She was quite sane now, .and he'did not anticipate that she would be-detained very long. The jurors were, Ki'l .discharged-, a'nd the Court rose at 3.5 p.m. IN CHAMBERS- >. The following business was done in Chambers : ; ' i- V.\Re the estate of the late George Morton,: Wailiao, application for commission by the executors (Mr Hamilton).—Referred to the Registrar- for report. Re same—application for increase of allowance to. the .widow {Mr Hamilton). — Granted. . j. .. , Letters of administration of the estate of the late Maurice O'Connor. Gleniti, were granted on the. application if Mr Raymond.

Per PreW Association. ; WELT TXGTOX. February 7. The C'def f'ATay imposed the following sentences :—Michael Ryan, rohberv. eigiiteen niculhal.iiuijtiionnjent: ..'Eenry (J. Quinn, 'robbery-'- 1 ■ twenty-TStii ■ 'months' ini -t prisonment; William Courtenav. robbeiy;' 1 two _ years' imprisonment; Allan Talber:. indcent assault, nine'"-months'' imprisonment.