ABORTION CHARGES

Wanganui Chronicle, Volume 80, Issue 250, 21 October 1937, Page 8

ABORTION CHARGES

CASES AT CHRISTCHURCH TWO WOMEN BEFORE COURT ONE ACCUSED FOUND GUILTY [ Per Press Association. ] CHRISTCHURCH, Oct. 20. The first trial of two Christchurch married women jointly facing three charges of procuring abortion ended in the Supreme Court at 8.30 to-night when the jury found one woman guilty on all counts with a strong recommendation to mercy and failed to agree on the charges against the second woman. The woman found guilty was Mrs. Agnes Burns, in whose house it had been stated in evidence that operations had been performed and who had made a statement to the police. The second woman, who was remanded for a further trial, was Gertrude Grace Taylor who, the Crown alleged, had been the person actually performing the operations. Taylor had refused to make a statement and one of two material witnesses had seated that she could not identify her as the woman.

Mr A. W. Brown prosecuted for the Crown and Mr Hardie Boys (Wellington) with him Mr K. A. Gough, appeared for Taylor and Mr D. w! Russell for Burns. The case was heard before Mr Justice Northcroft. In his address to the jury, Mr Russell said that six people were concerned as parties in the allegations, two men, two girl witnesses and the two accused. “Yet of the six one the two accused are facing you in the dock,” he said. The Crown Prosecutor had, very properly, Mr Russeil continued, asked the jury to disregard altogether the present campaign against abortion in the newspapers and elsewhere. “Even in this morning's newspapers you will have seen that the Anglican Synod has made a pronouncement on the subject. It is not for you and I to suggest a remedy for abortion but I do say that one way would be to prosecute everyone who takes part in it.” His Honour: I cannot allow your summing up to proceed along the lines, Mr Russell, that might properly be said in Parliament, but not here. The jury is oniy concerned with this case.

Mr Hardie Boys, in his address, said that the Crown relied for proof of its case on evidence of accomplice witnesses, the two girls. There was nc gainsaying the guilt of the accomplice witnesses and yet they were far from being in the dock. He read legal authorities in support of the claim that it was a dangerous practice to accept the uncorroborated evidence of accomplices. Against Taylor the only evidence was that of the accomplices and one of them could not identify her as the woman who was alleged to have performed the operation. The men involved, if they had been called, would also have given evidence as accomplices, he continued, but they had not even been asked to face the humiliation of coming to the Court. Mr Hardie Boys added that not the least part of the campaign against abortion was the campaign against juries. Certain literature had attacked juries which did not convict in cases of abortion as though it was the task of juries to convict regardless of the facts. “No one is entitled to stampede you into a verdict,” he continued.

His Honour, summing up, said there was a good deal of controversy and public discussion and disquiet about the extent of abortion. It was perfectly true that because those who were charged or considered they were charged with the investigation of social problems were concerned about abortion, that was no reason why the jury in any particular case should find accused guilty. A case should not be decided on general statements on the prevalence or undesirability of abortion but on the facts. On the other hand, a jury should not allow itself to be led away from its duty by reason of such controversy if it considered an accused person to be guilty. It might seerr;. he continued, if the jury came to the conclusion that the case against Taylor was doubtful, that it would be harsh that Burns should be convicted while the principal offender, whoever she might be, went free, but that should not be a consideration. “You have to be true to your oath,” the Judge continued. “If juries are to decide on sentiment or because of public controversy the law will be brought into contempt. It is much more dangerous that justice should not be done than that these abortions should continue as rampant as it is suggested they are at present.” The jury retired at 4.20 p.m. and returned at 8.20 p.m. In answer to a question from His Honour, the foreman said that there was no chance that given more tirno to consider, the *ury would agree about Taylor.

Burns was remanded for sentence and Taylor was released on bail and a further fixture was made for Tuesday next.