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A SUSPICIOUS DEATH.

CASE OF PHYIiIS FRENCH. AN EXHAUSTIVE INQUIRYCOUNSEL WATCH PROCEEDINGS. The adjourned inquiry concerning the death of Phyllie Adelaide French, which occurred on. April 20 in a. private hospital in Grafton-road, was continued before the district Coroner (Mr. A. K. Harris) and a jury yesterday, after the "Star" had gone to press. HURRIED C.AI.T.S AND .MOTOR CARS. Dr. E. 11. B. Milsoni deposed that at about 5.30 p.m. on Friday, April in, he received a telephone message ■from the matron of the Rawlingstone Private Hospital, to the effect that a lady had arrived in a motor car wrth a request that a serious case from a private house in Tnion-street should be taken in. The matron said it- was against her rule to take in a case until the ipaticnt had been seen by a medical man. He was told that the patient wa3 a '"Mrs. James,'' who w.is a young married woman, just arrived from the South. A motor i'jr I'allpd for the witness at the Grand Hotel, and took him to the hou<w in I'nion-street. The patient said ?.he hnd had v miscarriage. Shr was bright and cheerful, but very pale, -and she had the pulse nf a moribund person —tibont 160. Her nbdomen showed signs of acute peritonitis, and inflammation wi'9 very pronounced. His stale of mind was suspicious. In reply to his questions, he was told that the miscarriage had occurred at 2.30 a.m. on April IS. They said that she had -fallen down the steps, but when asked where were the bruises t)ie statement was altered to the efTert that the deceased had overreached herself while reaching for a blind, and, becoming giddy, had jumped off the chair to the floor. When he tried to ascertain the date of the accident, he was given such mixed statements that he decided it was hopeless to get satisfactory information. He advised the patient's immediate removal to a hospital, and aa soon as he procured his instruments he attended hor a-t the Bawlingstone Hospital. He called in Dr. Fen wick for purposes of consultation, and the patient was treated xrnder an anaesthetic. A lai-jre amount of decomposing placenta was found. Aβ the patient was not standing the anaesthetic well, she was removed from the operating room to her own room at 11 p.m., and left in charge of a nurse. She died at 7.30 next mornin?. When ".Tamps" saw him, witness told him that he thought hie wife had had something done to her, also that she was suffering from blood poisoning, together with acute peritonitis. He said they were going to perform a certain operation, but expressed doubt as to her chance of survival. '"James" was dazed, but not emotional, and said that nothing had Ibeen done to his wife. On April 20 witness performed a post mortem examination. Death was found to he due to septicaemia. Witness explained that the internal conditions were very serious, and described two woiinds which ho said had been inflicted from one to five days before death. He came to the conclusion that an illegal operation had been performed by some inexperienced person. On April 20 "James" was introduced to witness by Dr. King as the husband of the deceased. "James" asked liim what was Going tr> happen, and witness replied that the matter had already been placed in the hands of the police, and witness could not give a certificate. That was the first occasion on which he had been informed that Dr. King had attended the case. After the latter had left, "James" told .witness that the deceased was a single woman, that he was a friend of the family, and that he had taken her to the hospital as his wife so that no unkind .questions would be asked. On the morning , at April 20, ''James' , raine to hie room 3 and said that they had treated the witness very badly by telling him a lot of lies on the previous evening. He asked what.the procedure would be, and when informed that the police would doubtless require his attendance, he asked: "What if they can't find mc?" Witness said the detectives could find him, and he advised "James" to consult a solicitor. He volunteered responsibility for airy charges which the witness might have to make /or attendance on the case. To Mr. Singer: It was an exceptional ' case for death to- occur within 50 hours after septicacmiar set in. He thought that the. .deceased must have been ill longer than they told him. THE GIRL'S EMPLOYER. Charles Edward Swales, confectioner, of Karangahape-road, stated that the deceased had been employed in his shop from about Christmas time. On the evening of April 10 she left at nine o'clock, apparently iv her usual health. A note came from, the lady with whom she was stopping in Union-street next morning stating that she was uinvell from the effects of influenza. On April 20 he was informed that the girl' was dead. Witness had once or twice seen a young man waiting for her at 9 p.m. Clarke was brought in and identified as the man in question. A BRUSH WITH THE JURY. Mr. Singer asked that his client (Clarke) should be allowed to remain in the room, and after some demurring on the part of a few of the jurymen he was invited to take a seat in the room. When the nest witness was called, however, the foreman of the jury (Mir. Jno. Bousie) asked that Clarke should retire. Mr. Singer objected! that the method was not British, aud the coroner remarked that as statements were being made concerning Clarke he should be allowed to hear what was said. Some of the jurymen continued to raise "whys" and -''wherefore.V whereupon Mr. Singer remarked to his client that as the 'jury seemed to be opposed to his presence Iv could p.'pase himself ivliet.'irr or not i he retired. The young man expressed his I J willingness to comply with the request nf 1 the jurymen, unit did so. , Mr. «Lngor : This is the first time 1 | have ever heard of a case against a man being , hoard ibehind his back. The Coroner: 1 did not desire him to leave, Mt. Singer. Mr. Singer: No. Sir. It is not your fault. Some of the jurymen might be in similar positions themselves some day. Earlier in the proceedings the jury had objected 1o Mr. Singer Iteaviog the "room occasionally with the apparent intention of interviewing his client. At the suggestion of the coroner, 2\ir. Singer promised that his absence., should not hinder the inquiry. AT THE HOSPITAL. Jean Dalton Foote. proprietress of the "Rawlingstone" private hospital, deposed that the deceased spoke of herself as the wife of "Mr. James." The latter, when asked what was Lbfi religion of the patient, 'aid: 'Tut down Church, of England, as we were married, theie." He said

the last words the deceased said were: "Jack, take mc home." She spoke a lot about Jack:, and referred to him as her rrusband. "'James" remained in the Bittingroom throughout the night, and when asked if his name was Jack he replied in the affirmative. WHAT HAPPENED IN UNIONSTREET. Enmril Hillman Warner, who gave evidence when the inquest was opened, was recalled after the tea adjournment. Mr. Singer intimated- that, lie had been instructed to also watch the interests of Miss Warner. The latter was formally warned that she would not be compelled to make any statement which she might consider as incriminating. The witness deposed that in April 1 last she resided in I'nion-stree.t. She had several boarders, among whom was the deceased. The latter's father kept a shop at Coromandel, and witness had known her sim:e*she was a child. Her parents had left Phyllis in her charge. A commercial traveller named Wilfred John Clarke came to see the deceased very often, but witness was always in the sittingroom with them. He often went to the shop to bring her home, and I'atterly had boarded with witness. She could not say that he had been courtin- the deceased as one who intended marrying her. >she had not asked his intentions. She never knew he was married. Chief Detective Marsack produced a letter, Which the witness admitted having written to the mother of the deceased from Kotorua on January 12. Inter alia the letter stated: "Wβ have been here a fortnight. Phyllis 13 getting on all right and i» a real good girl. Mr? Clarke is all right. 1 think his intentions are quite honourable. 1 nntl a lon<* talk to him one night and tokl him that if he did not mean anything j he had better nrp it in the bud, as 1. thought she would got fond of him an.l he of her. He is going very strong now.- | To Mr. Marsack: Clarke and the deceased had known each other ac boy ana Zirl The former was brought to her hou=e by the mother of the deceased. Mrs. French herself said to witness, "Phyllis will marry no man but Mr. Clarke." Witness was away from home, for a fortnight and before her departure, ehe instructed the deceased to go into a neighbour's house to sleep. When she returned Phyllis told her that she lwd not done so'but had shut herself in her own room to sleep. Mr. Clarke was not a boarder there. Witness would ewear that she did not Unorw of the girl's trouble until her miscarriage occurred. With the exception of a short while spent at Devonport during February she and the deceased had slept in the aame bed up to the time of her trouble. From April 10, the date on which the deceased left her employment, til! a week later, she was not out of the company of the •witness with the exception of three-quar-ters of an hour on April 11, when she said she had been up to Newton. On the evening of that day witness took a chair on to the front verandah to reach down a blind. Deceased offered to do it, as she was lighter than -witness. While reaching the blind deceased slipped and fell, partly on her side and partly on her feet. Witness assisted her up and she "was very pale. At the time the mother of the deceased -was in the Auckland Hospital, having been sent there from Coromandel. One .day during the week witness went ivith the deceased to see Mrs. French, and after they returned home witness noticed that she had her mother's wedding ring. Witness afterwards took the ring hack to Mrs. French at the hospital. At about midnight on April 17 witness was α-wakened <by the deceased clutching her by the arm and complaining of severe pains. Witness got her a hot water bag. The pains continued, and deceased said she felt an internal blockage. Witness then for the first time realised the position, and said "Phyllis, you are giving birth to a child." Deceased pleaded with witness to forgive her for having deceived her. She. merely kissed the girl and said nothing. A nurse was procured. At 0 ajn. the nurse rang up and called in l>r. King. The latter arrived about midday on April IS. At the suggestion of the deceased her name was given as "Mrs. James." She flatly refused to go to a hospital on any other condition. Clarke then stepped in and said that he would go with her to the hospital as her husband. Witness went in a motor car with Clarke to Rawlingstone Hospital, and afterwards ■witness went in the car for Dr. Milsom. She could not remember any questions ■which the latter asked her. A WORDY WARFARE. Another flery passage at arms occurred between Mr. Singer on the one hand and Mr. Marsack and members of the jury on the other. Some of the latter even went to the extent of calling out "bluff/ , "bluff," when Mr. Singer was claiming the right to demand that the answers of the -witness shopld be taken down in full. A fueilladc of remarks both uncomplimentary and unedi.fying ensu-ed until the Coroner tactfully brought about a state of harmony, more or less enduring. SUGGESTION' OF MALPRACTICE. Resuming her evidence, the witness said the first suggestion she heard ox the deceased having been tampered with was from Dr. Milsom at the hospital. Mr. Marsack: Did you not three or four weeks before Che deceased's illness say to some person, "Do you know if there iV a person like Mrs. Maxwell in this street?*' Witness (excitedly): No, emphatically co. Aside: 1 did no: know I liad an enemy in the world. Mr. Marsack: And did that person say in reply, "I ncxer mix uj> with cattle of that sort"? Witness (indignantly), No, I am uot in the habit of associating with people like that. (Aside: Cattle, indeed.) Mr. MaTsack: Do you know who performed the illegal operation on this girl, or did you perform it yourself? Witness (firmly): No, I know no more about that sort of thing than you do. I am dead against it. To the jury: Witness could not say whether Mr. Clarke her house while ehe was at Rotorua. Mr. Clarke enjr;igpd a roocj at her house us a boarder on April IS. an.l he rennw.'iprl ihere until I the girl's death. To Mr. Singer: The deceased )i;>d been a vary intimuie /rieud of witness's family aud had stopped for considerable periods with two of her married sisters. Wifcnepe had no idea who was responsibly for her vuuditioii. She never even hinted Will) it Y,i!S. CLARK)-; L'XDER EXAMINATION. Wilfred John Clarke, a commercial traveller, was the first witness called this morning, and he was -warned in similar terms to the formal warning administered to Miss Warner. He stated that his present address was the Clarendon. Hotel. He went to lodge at No. 7, Upper ou a Sunday of last month. He denied that he was lodging there in January last, but he was a frequent visitor. He knew the deceased, having met her together with her mother when travelling from Coromandel to Auckland. They went to stay at Miss Waroer'B house, and from that time on. hfl went fhaxt a. good

Mr. Maisack: No-w, as a matter oi fact, you paid her a lot of at tent ton, did you not? Witness: I did, at the request of her mother, to keep an eye on the girl. Did not your attentions take the form of a, young man towards the young woman whom he intends to marry?— Certainly not. Then, you were not keeping company with her? —I was, if you mean taking her out and to the pictures occasionally. Did Miss Warner not ask you your intentions? —She asked mc if I did not think I had better "nip it in the bud." My reply was to the effect: "This girl requires looking after." That inferred that you were paying her extraordinary attention, did it not? —I don't know what you mean. I have admitted having paid her a lot of attention. Wihat led you to think that the girl required looking after? —Simply her mothers request. Do you consider that you were deemed a better person than Miss Warner to look after this young girl?— No. Did you ever make any proposal of marriage to this girl?— Never. Waa that matter ever spoken of, to your knowledge, by Mrs. French?— No. i Did you know that Miss Warner I thought you were going to marry the girl?—l did not. You are a married man, and have a wife in Christchureh? —Yes. Did you tell the deceased that? —I did. Did you tell Mies Warner or Mrs. French? —No. You say that all your interests in this girl were to look after her?— Yes. Do you know if anyone else was walking out with her?— No. I was away a lot, and only in town occasionally. Did you not correspond with Ivor frequently? —Not more than to send a postcard occasionally to say where I was. Did you not couch your letters in affectionate terms) and put kisses on the, bottom? —Yes; I might have done that. 1 Witness admitted the authority of v letter written, to the deceased from | Whangarei on January 23. It expressed disappointment at the non-receipt of an expected letter from the deceased. "Never mind, old girl," it proceeded; "1 don't j think you would deliberately disappoint mc. I hope to be back soon, and to find you still the same Phyllis. This has been a lonely journey, and I have had a lot of time to think about you. I wonder if you have had time to think about somebody, too?" After describing a country bush picnic, the writer concluded: " I am very tired, so do you mind if I have a drink and go to bed? I will be home on Thursday night, so if you have time you might come down and meet the boat. —Yours, Jack.' (A couple of crosses followed.) Mr. Marsack: You don't deny the kisses ? Witness (laughingly): No, I havo kissed her many times. Do you think that proper conduct, while you were a way from your wife? Witness (in similar tones): Oh, yes; I don't think my wife would mind. Did you not have a ring of the- deceased's as a pledge of her affection? — I had a ring, but left it at the house in L'nion-street. Was hot the reason of your going to board at Miss Warner's something to do with the girl's condition? —No. The reason for my going there was that 1 had had a difference with my brother, and it was arranged that I should have a room in the new plr.ee to which Mi3S Warner was to move. Witness explained that at about 2.30 a.m. on April 18th he was awakened by Miss Warner, who said that Phyllis was unwell, and asked him to go for Nurse Burren, the latter's address being given him by Miss Warner. The nurse came at about 4 ajn., and witness went back to bed. About 8 a.m. the nurse knocked at his door, and told him that Miss French had had a miscarriage, and that Dr. King was being sent for. Mr. Marsack: Was that the first you knew of the deceased' 3 condition? —Yes, absolutely. Are you sure that the nurse did not say: " Your wife, Mrs. James, has had a miscarriage "T —I am not sure exactl7 what she said. Did you go into her room to see Ibe deceased before you went to work that morningl —Yes. "l aaid to her, "Here's a pretty mess. What have you been doin?" She said, "It can't be helped now." Who invented the name " Mrs. James?" —The girl herself. And who suggested that you should call yourself -her husband? —She did. Was there no previous arrangement between the deceased, Miss Warner, or yourself about that? —No, I am quite sure there was not. Did you not consider that you were taking a grave risk?— Yes, but 1 would do the same again to-morrow. Mr. linger: Under similar circumstances? Witness: Yes. Mr. MaTsack objected to counsel putting words into the mouth of the witness, and the Coroner upheld the objection. Eesuming, the witness admitted having gone for Dr. King, when the deceased became worse, after the latter's first visit, and introduced himself as " Mr. James." He and Miss Warner went into a motor car to look for Dr. King, but they could not find him. It was decided to take her in the car to the ~Rawlingstone '' Hospital, after Dr. Mjlsom had seen the patient at Union-street. Mr. Marsack: You gave the name of "Mr. James" at the hospital? —Yes, that was at the request of the deceased. What did Dr. Milsom say to you about the girl?— J l understood him to say sometiling about some "funny business" having taken place. He said something had •been punctured or perforated. The doctor told you he could not give •you a certificate of death? —Yes.' Yon undertook to pay liis expenses?— Yes-. Did you not say to the dovtor, when he told" you that you might be required at the inquest, "Suppose they ca-n't find me"?— No. I said 1 might be away on one of mv business 'vrrpe at thp time, and he advised mc to seek legal advice. Did he not say, detectives will lind you'"?— No. Was he joking when he said that? As a matter of fact a detective did go and find you, co there was not much of a joke a-bou't it. Did you not leave your employers' office in a surreptitious manner?—" No. •Did you not have your coat smuggled out to you?— No. I rang up to have my coat brought out and any news. Mr. Bruce brpugut mc the coat and some tetters. ■Will you ewear that he did not tell you that the detectives were looking ferr you? —Yes,, absolutely. Did you tell your employer you were going-to-call art fJhevafQoe-ior-yunr travelling expenses before leading- town for that j^t-J«o i(? bQii«Sisfeiß^ito^Tmasßal;

Did you return to Mies Warner's after seeing* Dr. Milsom on the last occasion? j —No. I went to stay with Mr. Hodson at 13 Franklin-road, he being a friend. Were you not advised by him to remain in town until after the inquest? — No. Why did you not come to see the detectives after Dr. Milsom and Miss Warner had advised you to? Was there any reason why you should not if you had nothing to be ashamed of or nothing to hide? —-I can see now that it would have been better, but at the time I felt that as I did not have anything to hide, there was no reason why I should go to see them. The first detective you sa,w waa Detective Cummings -when he >went to Waipu to look for you?— Tee, he served mc with a subpoena. Now, are you not the peTson by whom her initial trouble was brought about? —I am not. To the jury: He was never admitted to the house unless Miss Warner was there, and he did not go inside while she was away at Rotorua. He could not explain why the nurse should have knocked at his door and told him of what had occurred to ihe. deceased unless it was because he bad gone for her. After the luncheon adjournment, Clarke was re-examined by Mr. Singor. The witness said he had made a mistake in stating tfjat it was Mrs. Burren who notified him on the morning of April 18 of what had occurred to the deceased. It was Miss Warner who came to his room, and told him. In his statement to the detectives he said that. Mr. Marsack acknowledged the correctness of that. Witness said that the business trip which he started on Tuesday, April 21), had been arranged by his firm a week before with advice card*. He forwarded his orders in the usual way, and his firm kn,ew of hi 3 whereabouts. Mc should have left Auckland on April 22, but did not feel wpII enough. lie did not go to the firm on Monday for his overcoat because he did not want them to know he had not left on his trip. Up till Tuesday last he intended to take no action in'getting legal assistance, but had changed his mind, on the advice of friends. The re-examination had just concluded at time of going to press. (Proceeding.)

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https://paperspast.natlib.govt.nz/newspapers/AS19120523.2.69

Bibliographic details

Auckland Star, Volume XLIII, Issue 123, 23 May 1912, Page 6

Word Count
3,935

A SUSPICIOUS DEATH. Auckland Star, Volume XLIII, Issue 123, 23 May 1912, Page 6

A SUSPICIOUS DEATH. Auckland Star, Volume XLIII, Issue 123, 23 May 1912, Page 6