“NOT GUILTY”

Waikato Times, Volume 118, Issue 19662, 23 August 1935, Page 7

“NOT GUILTY”

POISON CASE VERDICT.

PHYLLIS MARSHALL ACQUITTED. JUDGE REVIEWS EVIDENCE. (By Telegraph.—Press Association.) NAPIER, Thursday. A verdict of not guilty was returned by the Jury to-day, after 2J hours’ absence, in the case In which Phyllis Leslie Tui Marshall, the 18-year-old daughter of a farmer near Ttkoklno, was charged with the attempted murder of Alma Lorraine Keith at Hastings on May 22, and alternatively with attempting to cause her to take poison with Intent to , injur© her. Mr Justice Reed, In summing up, said that chocolate poison cases w r ere receiving a great deal of publicity In the press, there having been cases at Blackball and Blenheim within the past few months. With such publicity, there was a danger of neurotic people being tempted to follow the same course. If a girl could do a thing of this nature and get away with it, it encouraged other people to follow her example. There was no dispute, His Honour went on, that accused had posted the packet. The question was, did she know what it contained? Accused had admitted her guilt, and that admission had stood until three days before the trial. Then what might be termed a startling defence bad been raised, and had been supported by the evidence of the girl’s relatives. “ What you will probably conclude is that the girl is exceedingly clever, perfectly self-possessed, and an excellent witness," His Honour went on. “ Against her, you have Masters —obviously not in the same street as the girl in the matter of brains,, and labouring under the fact that he has suddenly been faced with a charge of being the perpetrator of a diabolical attempt to murder a girl, using another girl as a tool.” Charg© of Blaokmail. Regarding the charge of blackmailJng, when-accused alleged that Masters had threatened to send one of her letters to a newspaper and to show it to her father, His Honour, said he had read the letter and he considered it could do no harm to publish it to the whole world; it was just a well-ex-pressed love letter from a girl to a boy, and how on'earth anyone could say it was a letter on which a person could be blackmailed he failed to sec. Was it possible, His Honour said, that in addressing the parcel for Masters she had not asked him what he was sending to Miss Keith? Then, with regard to the posting of the parcel, it was known that Masters had his own motor-car and the Tikokino post office' was only four miles from the station properly. W'hat would be more simple, if he wanted to post a parcel to Miss Keith, than that he should make the journey in his car? “ What motive could Masters have in murdering 'Miss Keith?" asked His Honour. It was impossible to conceive than a man who had had any affection for a girl could deliberately set himself out to murder her in order to save himself from annoyance. Accused’s Calm Demeanour. The Grown, by producing the girl’s statement and calling evidence, had provided a prima facie case which culled for an answer from accused, concluded Ilis Honour. If, after consideration of the case, the\ jury considered that the Crown had been unable to prove her guilt, they must acquit accused; if the jury were convinced that accused sent the poisoned chocolates to Miss Keith, they were obliged to find her guilty—on which count depended on whether the jury considered that she intended to kill Miss Keith, or, as she had said in her statement, merely to frighten her. The jury retired at 10.10 a.m. and returned at 2.30 p.m., during which time they adjourned for lunch. Accused walked calmly across the floor of the Court to the dock, and with a dispassionate glance at the jury awaited the verdict. The silence was broken only by the question of the registrar, the firm reply of the foreman of tlio jury: “Not guilty,” and the sole remark of Mr Justice Reed to the acquitted girl: “The prisoner will be discharged.”