MURDER TRIAL.

Star (Christchurch), Issue 17040, 14 May 1923, Page 7

MURDER TRIAL.

THE NEWLANDS CASE. HEARING COMMENCED. (Per Press Association.) WELLINGTON, Alay 14. At the Supreme Court this morning, before Mr Justice Chapman the triai was commenced of Daniel Richard Cooper, and his wife, Martha Elizabeth Cooper, who are jointly charged that at Newiand, near Johnsonville, on or about October 20, 1922, they murdered the infant child of Alargaret Mary Af’Leod and William James Walsh.

The prosecution was conducted by Air Alacassey. Cooper being represented by

Mr Treadwell, with him Air Hanna, and, Airs Cooper by Afr T. Al. Wilford and Air Jackson.

Long before the Court opened a largo queue had formed outside in the street.

rnd when his Honor took his seat on the Bench the building was crowded with interested spectators, the ladies* gallery being thronged equally with the body of the Court.

On being charged, both the accused pleaded not guilty, the man in clear, firm tones, and the woman in a voice scarcely audible.

On behalf of Airs Cooper, AD Wilford made an application for the severance of her case from that of her husband. In this connection he asked the Court t* consider: —

(1) Will the case of the Crown be prejudiced by such severance? (2) Can the female accused secure a fair trial if no such severance takes plaoe? And (3) Is it possible that a miswrnag?

of justice may take place it «he two accused are tried together? He quoted at length from authorities in support of his application that the charge should be divided, and that th> Accused should V* tried separately. He then proceeded to oite particular inci dents connected with the caee, which, he claimed, might be evidence against Cooper, but not evidence against Mrs Cooper, but which the jury might have the greatest difficulty in separating when placed before the Court, in the course of a lengthy trial, he said not a twentieth part of the evidence which the Crown would submit was evidence against Mrs Cooper, but it was rather much to expect ordinarv jurymen to properly assimlat© this complicated evidence.

His Honor indicated that he had every faith in the discretion and sense of justice of New Zealand juries. In was quite within Airs Cooper’s right ’o place her position before the Court by properly submitted evidence. Continuing, Air Wilford maintained that his client was entitled to the fairest trial possible, and the case for the Crown would not be prejudiced by the course he proposed. Mr Wilford’s application was brieflv supported by Air Treadwell on behalf of Cooper. In opposing the application, Air Macassey said that he did not. deny that tho matter was one within th.? discretion of the Court, but he submitted that the accused should not se separated, because in Al’Leod’s case, at least, there was evidence of complete coordination of action between the accused. He reviewed certain portions o‘ - the evidence in the lower Couit in proof of this, and contended that unless the Crown was able to submit thts position to the jury the case of the Crown would be seriously prejudiced. His Honor, ruling upon the application. said that the matter was one purely for the discretion of the Court. It was the usual proceeding when the case of the Crown involved conspiracy that the persons concerned should be tried together. It had been suggested in this case that the female prisoner would be prejudiced by this course, hut, having read the depositions, he was struck by the fact that this was * case remarkably free from that class ol evidence, in which one accused sought to cast the blame on the other. There was nothing of that in the pre sent case. As for items of evidence which reflected on one prisoner and nos on the other, that occurred in every case in which two persons were indicted. In that circumstance the Court trusted to the intelligence of the jury to separate evidence with common sense and justice, and he was satisfied that the jury in this case would do this, This was not merely a case of conspiracy, but one of closest co ordination of action. In support of this view his Honor quoted from the depositions to show' that Airs Cooper had been in most intimate association with AI’LeoJ and her child. It was last seen in her hands. He had every confidence that the jury would do justice to _vlrs Cooper, and that being so he would dis miss the application. Some little time was occupied in empanelling the jury, both sides freely exercising the right of challenge. Finally, twelve “ good men and true ’ were selected, of whom Mr David Rob hie was chosen foreman.

Jt was then arranged that the jury should view the locality at Newlauds where the alleged offenoe was committed. before the Court began to hear the evidence. The Court adjoumd until the jury returned.