THE SMALLFIELD CASE.

Press, Volume LVII, Issue 17316, 30 November 1921, Page 10

THE SMALLFIELD CASE.

INTERESTING DEVELOPMENTS. (raxss ASSOCIATION' TELZGRAX.) AUCKLAND, November 29. The Smallfield case was day. A somewhat dramatic develop* ment occurred at 6 o'clock, after t large amount of «evidenoe had beta hoard. The foreman of tho jury inti. malted that tho jury did not. desire to hear any more evident*. Tim evidence as it was satisfied than that tho defence had failed to establish that tho deceased oommitted suicide. The finding of the jury to this was accepted. Dr. MoLaurm, Government Analyst, said "that bo had been conducting experiments since lie last c ay c evidence. These experiments consisted in. purcha*. ing twelve sheep's kidneys, of which he inoculated four with serum prepared from parts of Smalifieki's body, f o nr with serum prepared by tho I'ioVcmnient Bacteriologist, tho remaining four boing untouched. Tho threo lota were placed in jars, and woro kept iu the dark for varying lengths of time. Then they were taken, and analysed to ascertain if any, and if so, how rnoei, phenol (carbolic acid) had formed, ffa result showed that phenol was prtttnt in degrees varying up to .is of * gramme per kilogramme, and had form, ed naturally in these kidnc.vj. On these experiments, witness ftated, it was quite possible for tho amounted carbolic acid found in the Iwcly to h»v« been formed by bacteriological action. Dr. Giesen, of Wellington, who the inquest expressed tho opinion that death wa» a result of small (lows of carbolio acid taken over a considerable period, said that in the light of Dr. AloLaurin'a present evidence, ho ha, altered his view. His present opinion was that Smallfield might have taken carbolio acid or some substance which would have produced carbolio arid, bnt that actually hoi did meet his death drowning. Mr Ostler, for tho plaintiff, mhl !:• proposed to move for a non-suit, on the ground that suicido had not boon proved. His Honour said there was a presumption against the crime being mitted, and suicide was a crime. The evidence had been somewhat different from facta on which tho case oponrd, but tho better course would be to finish the evidence and rcscrvo tho point raiv ed by Mr Ostler. 11l- Ostler called evidence in support of his contention that death was due to heart failure. Mrs Smallfield said her husband suffered a severe attack of influenza during tho epidemic. Ho was never well after, and used to complain of pains in the heart. Ho becamo less energetic, and rested after meals. Dr. Pinfold and Dr. Garland stated tho* adhered to tho opinion they gnre at the inquest, that death was duo to heart failuro caused by shock. Other witnesses gavo evidence that Smallfield had previous attacks, which he attributed to the heart. Charles Lammor, farmer, Te Kowhai, said ho would have assisted deceased had the latter Been in monetary trouble. Kenneth. Mackenzie, surgeon, said tho symptoms described by some of tho preceding witnesses strengthened his opinion that death was duo to heart failure. Tho expefrionoe of medical practitioners in Auckland had been that influenza in many cases had the result of leaving the patient with a permanently weak heart. At this stage the jury made its pronouncement. Mr Neave, for the defendant company, said the evidence regarding previous symptoms of illness had oomo as a surprise to him. If ho had known of it no would hare pleaded that the policy was vitiated by tho non-difr-closure of material facts. His Honour reserved till to-morrow an application by Mr Neavo for tfc® amendment of tho pleadings by setting up the non-disclosurp of material facts.