WESTLAND DISTRICT COURT.

West Coast Times, Issue 1003, 9 December 1868, Page 2

WESTLAND DISTRICT COURT.

CuiMiNAr. Sittings. Tuesday, Btk December, 18G8

(Before His Honor Judge Clarke.)

The Criminal Sittings of the Westland District Court opened this morning at 11 o'clock.

The Grown Prosecutor (Mr Harvey), appeared to conduct the prosecutions, and said that he had been informed that the important witnesses in all the cases had not arrived fi om G-reymouths aiid, consequently, he was not prepared to go on with any case. Tlw "coach was expected to reach, town at half-past one, and probably I Lis Honor would adjourn the Court until that time.

His Honor — I will adjourn the Court until 2 o'clock.

The Court was then accordingly "ad*journcd.

His Ilonei* took Ms "seat on the Bench at 2 Jhltt.

CONCEALING IHItTH. Elizabeth Nicholl was indicted for having, on 21st October, 1868, at Eight Mile Terrace, unlawfully concealed the birth of her child. The prisoner, avlio was defended by Mr Guinness, pleaded not guilty. Tne Crown Prosecutor, having briefly stated the case for the Crown, called :— Edward Cnmndell Desjn deposed that he was a miner* Knew priSouer. She lived near witness ttt the Eight Mile Terrace. Did ttol know whether prisoner was a married or single woman. She was living with a young man. Did not know whether they lived together as man and wife Remember one evening prisoner telling me that she w r as very ill. Prisoner was then in her own house. Witness suspected what wps the matter with her t and told a man named Miller, who. said thAt he had been .some years in college learriing to be a doctor. Witness also told Mrs Gaff*ney, who Went to see prisoner next day. Noticed a tub at prijsonpr'ij bedside. Saw T her the next morning, and also on the third mormtVg. The tub was not then by the bedstead. Prisoner, then appeared to be very low and weak. Mrs Gaffney then came, and witness and his mate went into the house with her. Mrs Gaffney went, in before witne-s, and found the tub under the bed. Witness saw it there ; it was covered with a bftir. Witness and his mate went otit, and they were afterwards called in by Mrs Gaffney. Witness saw the dead hody of a male child in the !üb. Mrs Gaffney took the body and washed it. Cross-examined — 1 believe the young man who lived with prisoner was her cook. About that time an accident took place near prisoner's place, and she said she was much frightened. About the time the body was found, prisoner said that it had a premature birth, and that she had made arrangements to go to Hokitika to be confined.

Dr Morris deposed that he saw prisoner on 23rd October last. She stated that she had unconsciously and prematurely been delivered of a dead child, which she had put aside. She said she had been frightened by a man being killed by the fall of a tree. Prisoner said she had intended to have gone to Hokitika to be confined. Witness made a pout mortem examination of the child's body. It Avas full grown. Tlic child had never breathed, as the lungs were not inflated. Cros-examined — It was quite possible that prisoner had been prematurely confined. She made no hesitation in giving witness the particulars. William Brunt corroborated the evidence of the witness Dean. Mrs Gaffney also gave corroborative evidence, and stated that she did riot think prisoner said anything to her before the child was born. When wi.ness asked prisoner what was the matter, prisoner replied,. "Oh, it does not matter now." Subsequently, prisoner told witness that she (prisoner) had been confined. Constable Mueller, stationed at Greymouth, deposed to arr- sting the prisoner on 13th November. She made no statement to witness. Prisoner has a daughter at Groymouth, and another at Rutherglcn. This closed the case for the Crown.

Mr Guinness addressed the jury for the prisoner, contending that no cone alment had been attempted on the part of the prisoner,- who had evidently intended to have gone. to Hokitika to be'eonfiued, and who would have done so if premature birth had not been brought about by flight.

Hiss Honor having briefly summed up, The jury retired, and on their return into court, acquitted the prisoner, who was forthwith discharged, The Court then fldjonrnert lijitil 11 n,ni, tOeHMWOp ftbll (ty)i • • • ■