LATER.

Waikato Times, Volume 102, Issue 17242, 29 October 1927, Page 7

LATER.

VERDICT OF NOT GUILTY. THE PRISONER DISCHARGED. (By Telegraph.—Press Association.) AUCKLAN, Saturday. Mr Justice Herdman summed up this morning in the case- against a Dalmation named Paul Lendich, gumdigger, charged with murdering the infant of Rosie Te Whiu, on August 23.

The Judge said that if the jury was not satisfied with the evidence of the girl ltosie, they must acquit accused, hut if they were satisfied no consideration of sentiment and no irrelevant faots or circumstances must stand in their way. Referring to the fact that no body had been found, the Judge said if definite evidence of the existence of life and of murder was produced it was not necessary for the body to he , forthcoming. That evidence, however, must be clear before a verdict of guilty could be found. The girl’s morals were meagre, and she had told several untruths, for time after time to her mother, her sister, and to Mrs D vieli she had said that there had been no child. The jury had to decide whether the child was horn alive or dead. On the medical evidence it was established that the girl was suffering from a disease in which it was common circumstance for a child lo be born dead. In the face of these facts the jury must exercise the greatest care before they decided lo convict. lie hardly thought they could take the responsibility of deciding that a man was guilty on such evidences,s that. The jury returned a verdict of not guilty and prisoner was discharged. A second charge of concealment of birth was not proceeded with.