CASHEL STREET MYSTERY.

Star (Christchurch), Issue 10235, 18 August 1911, Page 3

CASHEL STREET MYSTERY.

TRIAL OF JACK

ACCUSED FOUND NOT GUILTY

JACK RE-ARRESTED ON NEW

CHARGE.

At the Supreme Court this morning, before his Honor Mr Justice Dcnniston, Harry Alexander Jack not guilty to a charge of having o:i I'ebiuary 1 unlawfully killed one Ethel May Bradley, and thereby committed the crime of murder. Mr Stringer, K.C., prosecuted on behalf of the Crown, anc Jack was defended by Mr Raymond and Mr Cassidy. . Mr Stringer, in opening, said that though the charge was that of murder, it was competent for the jury to ieturn a verdict of manslaughter it the prisoner caused the woman's death by unlawful means without malice atoicthought. The jury must decide the case on the evidence again, lie referred briefly to the main facts ot til© case. He would show that deceased had thought prisoner was going o marry her. He would show that at five minutes to eight on the eveni 5, in question deceased was seen S 01 "° towards the river in Cashel Street. At 8.30 the prisoner met her, and ttiey went towards the river. At a auartei to nine she and Jack went to Sadleis shop, and she was never again seen alive except by the two men. Shej. as found dead from prussic acid He would call Sadler, who would give evidence that Jack had brought ■ 'woman to the shop, and it might be suggested, that the woman took the acid herself. The jury would have to decide: (1) Whether a crime had been committed, and C-2) whether prisoner was connected with that, crime. Evidence was given by Ernest Bradley that deceased, who was Ins sister, had been in good spirits prior to her death. , .„ . ~ Clara Fanny Bradley, wife of the previous witness, said that deceased had led her to believe that she was shortly to be manned. George Thorngate Weston, deceaseds employer, said that she had left him a note stating that she was leaving his employ. Reginald Noble Bradley said that he was a nephew of deceased. He had passed her in Cashel Street on the evening of February 7 at live" minutes to eight. She had on a dark costume and a large black hat. William Jackman said that be left Sadler's' shop at 8.1.0 p.m. on the evening in question, and he and the prisoner drank together at the Zetland Arms Hotel. They were there for about,ten minutes, and when they came out witness went towards Colombo Street and Jack in the direction of the Cashel Street bridge. Richard Humphreys said that he was standing outside the Zetland Arms Hotel about 8.30 011 the evening in question, and saw Jack walk towards the bridge. William Henry Price gave evidence that he saw Jack at the hotel at 9 p.m., and at ( J. 30 p.m. he went away with a man named Brown.

In cross-examination witness said that Jack seemed in his usual spirits. Witness did not see him take any liquor with him.

John Freeman, barman at the hotel, said that while talking to a man at the hotel doorway between eigiit o'clock and half-past, he saw a woman standing near, dressed in a dark dress and liat. Jack appeared to go up to Her, and she moved towards liim.

John M'Gregor Grant said that he saw a- woman dressed in a dark costume and black hat standing near the hotel. Two men came out of the hotel, and one of them walked towards the river with the woman. That would be between twenty minutes and half-past eight. Lionel Norman Brown said that he saw Jack standing at the hotel with a woman dressed in dark clothes, at a quarter to nine. Witness saw them stop at Sadler's shop, but did not see them go in. Jack came back alone, and witness, Jack and two others went to the hotel and had a drink.

"Witness, in cross-examination, said that he left Jack about ten. He was with Jack for a quarter of an hour outside. After the drink Jack went out, and about a quarter of an hour later came back and had a final drink with witness as the hotel was closing. Witness did not see Jack purchase any whisky. Jack was in his usual spirits, and the woman appeared to walk all right.

Charles Sidney Phillpot said that about twenty minutes past nine he went to the Zetland Hotel, and met Price talking to Jack. They all went into the hotel and had a drink, and Jack and a friend left the bar together. Joseph Clarke said that he was a porter at the Zetland Arms Hotel. Ho knew Jack, and was in the habit of going to his shop as a customer. While shaving witness in January, Jack had said that he had a girl in trouble, and would have to get her fixed up or get out of it. Witness remarked that it was "rotten," and Jack said he would have to get fixed up. Annie Adams, wife of William Adams, said that she was an old friend and schoolmate of Ethel Mav Bradley. She knew Jack slightly, and 'knew that he and deceased were "walking out" together. Alexander Max well • Russell, taxi-cab owner, said that he had kept the shop and had employed Jack. Ethel Bradley used to go to the shop to see accused, and they were on friendlv terms.

Joshua .Ruben Chapman, a bookbinder at Smith and Anthony's, said that at ten minutes past seven on February 8 he Raw the body of a woman lying in the right-of-way.' Sergeant Wiliiam Miller said that ho saw the body at 7.10 a.m.. and it was then cold and stiff. Ho would say that deceased had then been dead for seven or eight hours. He removed the body to the morgue. Dr W\ H. Symos said that lie had made a post mortem examination of the body of the woman. He concluded that she had died from prussio acid poisoning. The smallest fatal dose would cause death in from, thirty to sixty minutes. Prussia acid paralysed respiration, caused tho face and upper part of the body to become dark, and it caused spasms and convulsions. If the woman took the acid in the street she would be able to walk one or two chains. The poison made the gait staggering. He found the woman, was pregnant two months and a half.

In cross-examination, witness said that in the early months of pregnancy women became morbid, and it was not unusual for them to talk of suicide. SADLER GIVES EVIDENCE.

Walter Richard Sadler gave evidence that lie had a hairdressing ;uid tobacconist and accused had bwn in his employ since lie took over the business in 1910. He remembered Tuesday, February 7, when he was at his shop. Tie remembered Jackman leaving the shop with Jack shortly after eight o'clock, and witness and- Trice stayed behind and went through their books together. Ho left the shop about 8.30, and ho and Price separated, in ('ashel Street. Then witness went, back to his sltop and swept it out and cleaned up. That was a lew minutes before nine. Tlio lights were burning, and tlio front door was not locked. While ho was at the shop Jack wont there, about i 1.30 p.m. Jack said that ho had a. friend there and she was ill, and witness invited them in. .Jack entered the shop, accompanied by .Kthel Bradley, who appeared to be very ill. Jack got her a chair from the saloon, and she sat down and leaner! oti the glass counter. Witness got her a glass of water. Then he told accused to got some whisky and ho went out. He had just gone a minute or two when the woman fell forward and dropped the glass of water on the floor. Witness ran round and picked her up. She was black in tliu face, and witness thought she was choking. He ran into the Zetland Hotel and saw Jack at the counter. He was then getting soaio whisky' in a siualh

bottle. Witness and accused rushed back to the shop, and when they got there he saw that the woman had fallen 011 to the floor. They lifted her on to the couch. Witness thought she was in a fit, and tried to pour whisky and water into her mouth. He undid her clothing and threw water over her, hut she did not revive. Witness then realised that she was dead, and he ran out to the street, Jack following him. They went as far as High Street and met Detective Snow, to whom they spoke for a few minutes. Then they walked about the streets for somo time, and went lack to the shop, arriving at 11 o'clock. He looked at the deceased and spoke to Jack about seeing the police. Jack said it would be a good thing to get a doctor. Finally they carried the body into the right-of-way and placed it where it was found. That was about 2 a.m. On their way home witness and Jack conversed with Constable Cndby. He knew deceased well and knew that she went out with Jack Witness asked Jack several times why the woman was ill, but Jack said that he could not account for it. He did not remember Jack where he had been with deceased. Witness had never asked Jack where he had been, and he could not remember all the questions he had asked accused. The girl had nothing but the whisky and water in the shop. He would swear that she had nothing else. To Mr Raymond: A short time only elapsed between Jack's going out for whisky and the girl's death. It would be about 9.40 when the girl died. Witness was a married man. He wished to get the bodj* out of the shop to get it out of the "way. He did not want the public or his wife to know about it, and if he could get the body out lie thought no one would know. Both he and Jack were greatly agitated. Witness was arrested, aud in a statement to the police he had said that he did not see the girl on the night of her death. Later on he made a statement on oath which was the same as that he had given in the box, Sadler's statement was then read. Continuing, the witness said that he could not remember whether he had introduced Jack to deceased or not. Detective Miller gave evidence that he had interviewed Jack regarding the death of Ethel May Bradley. He had made a statement, and had made another one before a coroner. .This concluded the case for the Crown. Mr Raymond asked his Honor for a direction that there was no evidence to go to the jury. He submitted that there was nothing adduced to carry the case any further. There was no suggestion of the procuring or possession of poison by Jack. There was no suggestion of abortion, and Accepting Sadler's evidence at its face value, there was nothing to show the jury regarding Jack, because it did not connect the- prisoner with the death. His Honor said that there was no evidence, other than Sadler's to show that Jack and he were together after leaving the shop. Mr Stringer said he would call evidence on that point. Detective Snow gave evidence that he was talking, about 10 p.m., to Sadler, and Jack went up to them. Witness left them together. The clock had struck ten.

William Cudby, who was at the*time a member of the police force, said that about 2 a.m. on February 8 he saw two men in front of the Zetland Hotel. They walked towards Durham Street and stopped when he went up. He recognised them as Jack and Sadler. Sergeant Bird said that about 2 a.m. he had Inspected the right-of-way where the body was found, and there was then no trace of it.

Addressing the jury, his Honor said that on a capital charge the jury would have to remain together. Arrangements would be made for their luneh.

The Court adjourned at 1 p.m. for an hour.

On resuming, Mr Raymond submitted that it was the Crown's duty to prove a crime. The Crown had failed, because the evidence was consistent with self-destruction.

His Honor said that, excluding Sadler's evidence, there was evidence that Jack took the girl as far as Sadler's shop. His Honor said that Mr Raymond assumed that Sadler's evidence was true.

Mr Raymond assented. His Honor said that the jury might refuse to believe the evidence.

Mr Raymond said that in that case the affair would end as Sadler's case had do.no. Mr Stringer said that there was sufficient evidence of motive to procure abortion.

After further argument Mr Stringer said that the Crown could not say that prussic acid had been wilfully given. His Honor said that the Court of Appeal could deal with Mr Raymond's submissions.

Addressing the jury, his Honor said that as they would doubtless have seen the Court of Appeal at its last sitting had quashed the conviction of Sadler, who was indicted with the accused for having murdered tho woman. It was not thought advisable to publish the reasons for the judgment until the present case was concluded, as somo observations might prejudice this trial. He would have been glad to refer to it in disposing of the present application. The ground of the judgment was that the evidence telling most strongly against the accused did not exclude as a reasonable hypothesis* for the woman's death the self-administration of the poison by her. The only difference between the two cases Mas that, assuming Sadler's evidence to bo true—and there was a great deal of evidence directly negativing his evidence on its most important point—there was nothing to exclude self-administration, even supposing it had been taken while in Jack's company. As would be seen when reasons tor the judgment of the Court of Appeal were read that Court held that there was both motive and opportunity for the woman taking her own life. Ho had made the observations on tho assumption that the case was put to the jury as a charge of murder. But in that case, as in the case of Sadler, the Crown had disavowed any intention of so putting it to them. Tho Crown Prosecutor put in the opening, and intimated that he would have put it to them also, that he admitted that there had been no evidence to justify such a charge. He put it as ho had put it in the case of Sadler, that if either of the accused administered it, it. must have been, as an accidental administration of a drug intended 'to produce abortion. Of that there was-not the slightest evidence. Ho preferred, however, to put his direction oil the ground taken by the Court of Appeal, that there was not proof of what tho law called the corpus delicti, that, was, the fact that the poison was administered by some other person than the woman herself. Until such evidence Avas produced, either by direct evidence of administration by another or by such clear indirect evidence as would exclude any other reasonable hypothesis of self-administration, an accused person could not be,, called on to answer the charge. lie therefore directed the jury to lind a verdict of not euilty. The jury without retiring returned a verdict in accordance with his Honor's direct ion. Addressing the prisoner, his Honor referred briefly to I lie part played by him and Sadler. He was then discharged. .JACK RE-ARRESTED. On leaving the Court Jack was immediately arrested on a charge of perjury.