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MAGISTERIAL., Ashburton Guardian, Volume XII, Issue 6552, 18 April 1890
ASHBURTON—FRIDAY. [Before Messrs Shea Lawlor, Hugo I Friedlander, Donald Williamson, and | > D. Thomas, J.P's.] j ' UNLAWFUL PURPOSE. Daniel Eeilly was charged on remand with having on 11th January, procured a noxious drug or drugs, with the object of using the same for an unlawful purpose.- the accused,'Mr Orisp?pl««ded 'not guilty.- Mr J...C. Martin, public prosecutor, appeared, for the^.Orown.^ In opening the, case, ,l4r Martin,said.jthafc since the Court had previously sat* the prbseciition had been* --pufc ;'in a slight difficulty, ,one,, however, that was not new' hi siiriilar" cases." The accused had married the young woman'on vhom the unlawful purpose' was intended, and consequently she could .not be pufc in the box against the accused. He called William Fleming,.contractor,.who said he lived -in \,Ashburtpn,., / : He* l|ad a daughter called Mary Ann, generally called Minnie. .>■ She was 17 years,*.of age, and had ■ been living with.jwitrieiss.,, She was a pupil teacher at Hampstoad School, and' had been so until quite recently. Knew the prisoner,""wkfowasjitvconatable in. Ashburton, while- witnesses --daughter was a. teacher at the school mentioned. Recollected seeingabottleinh'iadadgTiter's room, on ail old, wash-stand. sS Searched her apartment and between the mattresses of her bed. found some papers, and a glass instrument, ' .(instrument *"'':•'VUlscribed). Gave the papers to'Sefgt. Felton, and the instrument to a, female neighbor. Had not seen it since. His daughter was married yesterday tip prisoner, who was then out on bail.',, Could not' swear to his daughter's condition (certain, pieces of paper produced). Those were the pieces he gave to SergiL, Felton (instrument produced);' The instrument he found was like the one produced. .. v \ By Mr Crisp : Could not say what was in the bottle, nor whether it belonged to ,his daughter, -Did not know what became of it, The bottle r would hpld|about Vpint.-."- '' *"' ■''*"-' .'- ■ **''"' (!^ ' Maurice; O'Connori'' chief' detective of police at Christchurch;; On; 12th! April went to see the daughter of ■ last, witness. Had some conversation owithf her, and afterwards walked "with * her >to the post office. She went into the post office and brought, out; a letter, which" she opened and read, and then handed^ to witness (letter produced). \ That letter was the same. •*' '!" f • -'> > H. W. Felton, Sergfc. of Police; Ashburton, said prisoner was a constable at Ashburton. He came from Christchurch and was 14 months,in Ashburton. He left Ashburton about: the Bth of April. Knew' his- hand-writingj (papers! received from Fleming put-in). .Received these from Fleming and pasted then on as they now were. The writing oh them. w.as Wai present whenprisoner wasarresledby Constable Smart, who charged him with having been guilty" of .the offence he was now appearing" ib-answery and showed him the warrant. Accused said nothing in reference to • the charge. ThjC arrest tool place at th% express 'train,' '"by which he was a passenger to Dunedinfrom Christchurch. •' ' - :" By Mr Crisp: Laid the information. Had no recollection of ever .having made anything but trivial complaints against Reilly while he was a constable,—only one report in all. , ,t -_ Tr'/Jin- \ C. -'M. Brooke,- chemist, Ashburton, said that on the 11th January, accused, whom witness only, knew;'as a constable, «ame to him and purchased a box of pills and a glass syringe, \ similar^ Jn \ shape to the one produced, but half an ~ ounce smaller in capacity. There would be about twenty pills in the box, and they were compounded of aloes and; iron in the proportion of two grains of each. Accused asked for medicine .that wotdd^ave tht effect.of ■■ bringing about the resumption oi Certain functions that had ceased. Asked certain questions in regard.to the trouble, and being answered. satisfactorily 1, saic " all right I will; give you a'box orfpills.' Also advised huh to take r the iiikfirtimenl already referred to, as the'alfncji^y sometimes arose from a, cold.. v Told jhun ho^ 4t was to be used. Four: daysi afterward* he returned and said the treatment had not 17 answered. i Gave 'him a mixture, telling him that it would have to be usec until the next recurrence. The mixture comprised essence of pennyroyal, 15 drop equal.to l£ drops of the oil; ten drop doses of the tincture* of steel. Then were twelve doses in each 8-ounce bottle. He,, returned again. "on' the 14th, 18th, 23rd, ~29fch, and got bottles of the mixtuw each time. On the 3rd February h< canie again and said the^jJeriod was due on the 6th February. He then goi ten grain of hierapicra, and witness said that was all- he 'could do,.and there was no use going on with it. He did not come back again. Once san prisoner talking to Miss Fleming, but did riot loiow Tier at tKe'time,'laiid' could not say whether it was "before or after receipt of the last bottled; Asked Reilly if that was his sweetheart arid he said '" yes." That, was all that ever took place,m reference;^ her, between witness arid^ prisoner. By Mr Crisp : The mixture given to accused by witness was an ordinary one for a ordinary difficulty, and he had known the iron: and aloes'very ;frequeritly prescribed. , It was a common enough thing for suclfa 1 syringe -to be used.;it ought bo be as common as' having a tooth brush. The essences of pennyroyal, peppermint, and spearmint were almost harmless, and pennyroyal was now left out of, the British Pharmacopeia. The medical'profession .do not recognise pe^yroyal as of any importance, and only peppermint as a flavoring. The tendency of iron is to enrich the blood. Meira; picraiie composed of aloes and canella, the latter being only a warning carminative;: -Itista very ancient drug, .and is kept in the house by a vgre^t inpny^ mojjhera. pWifcgesa then gave' a list"of tKe drugs thafwouTd be used if a purpose such as that charged against prisoner w£re intended.''^ t , 4 f' ;By Mr! Mar|in^ i(M©dical authority read). Still fthougnt," vih face of an authority 70 years'old, that pennyroyal was nob a very importftat drug. Hiera picra was a strong purg»tivej^but not a noxious drug for t]^ purpose mentioned! in 1 the charge. , ~ ' \ \ ; Dr Tweed sawj the !yoiuig. woman, the daughter of the first witness, at'his own house about a fortnight ago. . * ,; Mr; Crisp'.bbjectoi "j^i^h^Dr being asked to giveany evidence that'he was in possession of,-.which was vthe result of a private interview- with His 'patient/ The relation between Dr and patient was the same as between-lawyer;artd'Client, and priest and penitent. .'„ Mr Martin contended that only communications between the parties were privileged/ .' ;*' v' ;v-• ',%' The Bench; ruled that the doctor's opinion could only,be" taken if it had not been formed from interviews he had with the young woman as his patient. ■. : The doctor in'reply:to Mr" Martin said he had only seen the woman., in the character of his patient, arid wliaVhe knew of her was gathered from these interviews. He continued : Hiera-picra and the o^hef drugshadno directactio«,b,u i tinlar^edosej» may produce a state, of health in vkaeh pregnanoy ,w^s, nnjpossible^' .abuse of aloes rnjay c^ujse dtsfcwr^arice'iß^aß the pe,lvic 'organs."' The doses, of 'hierapicra prescribed by Mr Brooke, assuming that they had been taken according to his instructions, would.not be noxious; but if the whole twelve doses, wnich represented a dram of aloes, were-taken "t bniie Uwy would produce very violent purging, and injuro tlio.li.oaltlu Did ivot tliink, if the whiJo boi.Uo of stool in-escribed had been taken, that any bad effect would have re* ulted, If in the pills there was only onej
tad one-sixth grain of sufptiSte of iron, and the pills taken as ordered, no harm would result." He was scarcely of opinion ( that syringes should be in as common use 'as tooth brushes. Did not consider the .medicines mentioned in evidence noxious if taken as prescribed. ■ Mr Martin having addressed the Bench in support of the charge, quoting authorities and precedents. Mr Crisp at very considerable length replied, dwelling upon the medical evidence as to the innoxiousness of the drugs procurred by the accused and the lightness of the doses in which they had been supplied. , , The Bench, after retiring for ten minutes, dismissed the case without comment. Mr Shea Lawlor, however, said the case was a very painful one, and pointed out that the punishment usually inflicted in such cases when a conviction was obtained, as the crime was little else
than murder, was imprisonment for. life of the man or woman, and five years, im- •' prisoriment for the person found guilty of supplying the drugs. :■ , ILLEGAL TRAVELLING ON THE RAILWAY. Daniel Reilly, the accused in the previous case was then charged with having, on the lith April, travelled on the New '' Zealand railway on the false pretehce, '/', / that he was a constable, while as a matter _ ,' of fact he was not so, and had .no. right to (i '-'.' travel free on the railway. The Sergt. asked .for.a remand, and stated that , Reilly was discharged from the force on : the 10th April, and on the 11th travelled •' . ; from Christchurch to Ashburton, using a ■■' ■ "constable's route." The route was from r r Christchurch to Dunedin, and to the ::' -' guard he made the statement that he was on transfer. ' *-Mr Crisp-spoke very strongly against the man having been arrested before he left the Court. :>. - The remand was granted until Tuesday next, bail of £20—his own recognisances t -•;.-—beingjallpwed. .'.The Sergt. asked for a heavier bail, as he feared the man would clear out: The bail, however, was hot , increased. ■y- ■ , ■,- ■ , . f
MAGISTERIAL., Ashburton Guardian, Volume XII, Issue 6552, 18 April 1890
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