DUNEDIN MURDER CHARGE

Press, Volume XCI, Issue 27581, 11 February 1955, Page 14

DUNEDIN MURDER CHARGE

Woman Doctor On

Trial

EVIDENCE BY NINE WITNESSES

(New Zealand Press Association)

DUNEDIN, February 10.

The Crown case against Senga Florence Whittingham, who is on trial for murder, will be continued in the Supreme Court at Dunedin tomorrow morning. Nine witnesses gave evidence today, the third day of the trial.

Whittingham, who is 27, and a house surgeon at the Dunedin Public Hospital, is alleged to have shot and killed John William Saunders, aged 27, a resident medical officer at the hospital, on December 12, 1954.

Mr Justice McGregor is presiding at the trial. The Crown Prosecutor is Mr H. S. Adams, and with him is Mr J. B. Deaker. Whittingham is represented by Mr A. J. H. Jeavons, with him Mr R. J. Gilbert.

One of the witnesses heard today was Saunders’s mother, who described meetings with Whittingham. She told how the accused had appealed to her for assistance in effecting a reconciliation with her son, to whom Whittingham had been engaged.

The defence twice objected today to evidence brought by the Crown. The first objection was to the production of a series of letters written by the accused to Saunders and his mother.

His Honour considered this objection in chambers, and the letters were subsequently read to the Court. The second objection—to evidence which it was proposed to call from Frances Olga Zoe Kearney, a senior student nurse at the Dunedin Hospital—was lodged just before the Court rose for the day. This objection, also, was considered in chambers.

Before the Co”rt resumed this morning the jury visited the Dunedin Hospital. They were taken in three taxis, under police escort. After inspecting the house surgeons’ quarters and the fire escape alleged To have been used by Whittingham, the jury walked back to the Court. Three Crown witnesses were heard

this morning before a 35-minute break was taken for legal argument in the Judge's chambers. The Court did not resume immediately after the morning tea break. One of the jurors complained of a severe headache and other illness.

and it was decided to give him medical attention. He was attended by Dr. E. R. Harty, the police doctor. Queues formed outside the Courthouse from 9 a.m. onwards. By the time the jury filed in at 10 a.m., the Courtroom was packed. When the break was taken soon after 10.30 am. to hear objections in the Judge’s chambers, Whittingham was escorted there along the corridors of the Courthouse. Sale ef Rifle Bruce Allan Crossland, a sawmaker, of Dunedin, was the first witness this morning. He said he had owned a .303 rifle for a year until about February of last year. He advertised it for sale, and Whittingham replied. He took the rifle to the Queen Mary Hospital. That was on a Thursday night. The witness said Whittingham looked at the rifle and said she was buying it for her brother. Transfer of ownership was arranged for the next day. The price discussed was about £l2. Next day, said Crossland, he met Whittingham and they went to the police station, where the transfer was made. When they returned to the hospital she bought about 20 rounds of ammunition. Cross-examined by Mr Jeavons, Crossland said Whittingham said the rifle was for her brother. Mr Jeavons: Did you ask her if she had a brother to check it over for her?—No. It could have been she said, “My home is in Southland and I’m a doctor here”?—Yes. And that was how the conversation ended?—Yes. To Mr Deaker, Crossland said Whittingham said she was buying the rifle fbr her brother, who was on a farm. Mr Deaker: Had you mentioned the brother?—Ho. Constable V. E. Joblin, arms officer at Dunedin, produced a certificate of the transfer and registration of the rifle. The previous owner was stated to be Bruce Allan Crossland. To Mr Gilbert, Joblin said that Whittingham came to the police station and registered the rifle in her own true name. Mrs Mabel Sinclair Walden, of Riverton, said she had known Whittingham since she was a 10-year-old schoolgirl, and a member of the Girl

mother was also connected with the guide movement. There was only one child in the family, said the witness. Whittingham had no brother. Evidence of Mrs Saunders The tailor’s model used in Court yesterday was removed from the room when the next witness, Mrs Jo Evelyn Saunders, was called. There was a short adjournment before Mrs Saunders was called, to hear in the Judge’s chambers an objection by the defence to a part of Mrs Saunders’s evidence which it was proposed to hear. Mrs Saunders said she lived at Christchurch and was the mother of John William Saunders. She remembered a week-end about Coronation time, in June. 1953. Her son came to see her that week-end. He was with Miss Whittingham. Her eldest son (not John William) had to return to hospital. o t Bill told her the state of affairs, and that he and Whittingham wanted to get married, as she was expecting a child, said the witness. Mrs Saunders told her son she would'adopt the child, and not to make a second mistake, but Billy said they wanted to get married. While this evidence was being given, Whittingham became distressed, continually dabbing her eyes. Breaking of Engagement Mr Adams (to Mrs Saunders): Did you later hear from Whittingham?. Mrs Saunders: Not for some time later. The first letter, I think, was that concerning the breaking of the

engagement. The engagement was broken off?— Yes.

What reason was given for the breaking of the engagement from Whittingham?—As near as I can remember, she said that Bill wanted to break. She was upset about it, and asked me to Intercede. Was there any mention of a child?— She didn’t make any mention of it. Did you hear further from Whittingham?—She constantly wrote and asked me tn come to Dunedin to see her. Whittingham came to see her. said Mrs Saunders, before Easter, 1954. Mrs Saunders asked her whether she was going to talk about unpleasant things about Bill. If she did. Mrs Saunders did not want to hear her. Whittingham asked whether Mrs Saunders would ask Bill to marry her. said the witness. Mrs Saunders said she could not ask Bill to do something he did not want to do. Whittingham started to cry. Mrs Saunders said that even at kindergarten the girls had “chased Bill.” All his life girls had cried for him if they could not be with him. •After this interview,” said Mrs Saunders, “as she was going home,

Whittingham said: ‘I have a gun.’ I thought she had a pistol in her handbag.” Mrs Saunders asked where the gun was, and Whittingham said: “In my wardrobe.’’ Then she said: “If I can't have Bill no-one else will.” She told Whittingham she was dramatising herself, said the witness. Mrs Saunders also said that she herself had some guns. They went back to the lounge and Mrs Saunders showed Whittingham a case of two duelling pistols. Then the eldest son cam® in, and Mrs Saunders asked him to tfrive Whittingham to her boardinghouse. Mrs Saunders went with them. Whittingham did not come to her house again, and she did not see her until the present case opened. Whittingham wrote to her and telephoned, said the witness. Mrs Saunders wrote to her son (John William) about the gun. She didmot answer the letters from Letters Produced Mr Adams produced some letters and a telegram. The telegram read: “Please come. Senga Whittingham,” and was dated July 30, 1954. The first letter produced, written on September 8, 1953, said that the engagement bad been broken. The next letter was written in January, 1954. Before counsel read this letter, Mrs Saunders said Whittingham wrote the letter and was then penitent about writing it - , ■ “She rang me and asked me to return the letter unopened,” said Mrs Saunders. Mrs Saunders thought she would give the letter to Bin. But he did not come. , , „ , Whittingham came before Easter, said Mrs Saunders. Bill was too busy. Mrs Saunders kept the letter unopened, and it was not opened until some time after Easter. Previously Whittingham had referred to a sickness and Mrs Saunders opened the letter to see what it was about. As this letter was read, Whittingham became very distressed. Counsel then read three other letters from Whittingham to Mrs Saunders. and one to John William Saunders.. “Close-Knit Family” Cross-examining, Mr Jeavons asked Mrs Saunders about the long . letter sent in January which Whittingham had asked not to be opened. “You did tell her you had not read it?” said Mr Jeavons. “No, she never asked me, replied Mrs Saunders. . w Was the letter discussed during the week-end when Whittingham visited y °From °’your statement that you wouldn’t hear ill of Bill, I take it you were a close-knit family?—We were. No-one would hear ill of the other? —We just didn’t hear ill of anyone. Mrs Saunders said there was »o mention of tennis rackets or sporting equipment during the Christchurch conversation. She did not even know Whittingham had been shooting. Mr Jeavons: I suggest the first mention of the gun happened when you said, “Have you a gun in the bag? Mrs Saunders—No. I never dreamed of such a thing. . Well, I’ll put it to you that that is how the conversation went, and that your recollection is faulty?—No. • It is

You were very kind to Whittingham when she visited you?—l .did what I

couiu liei, . Did you say it would be foolish to throw away her years of training? I did suggest she should get a position at the Christchurch Hospital, and if she couldn’t get a resident position, she could live with me. Did you go home with Whittingham, you and your eldest son?—Yes, to her lodgings, Mr Jeavons mentioned the Lower Court evidence, when Mrs Saunders said; “She threw herself at my feet and was a bit theatrical.” Mrs Saunders confirmed it She did not reply to any letters she received, said Mrs Saunders. Relationships with Saunders Arthur David Gillman, a registered medical practitioner, and until recently surgical registrar at the Dunedin Public Hospital, said he was living at the house surgeons’ quarters at the time of Saunders’s death. He had known him well for two years, and less intimately for six years previously. The dead man was usually known as Bill Saunders, and sometimes as “Big” Bill Saunders. Mr Adams; To what degree was the fire escape made as an entrance? The witness: It was widely used by those on the first floor. Did you know the accused? —Yes. For how long?—One year. Whittingham was employed as a junior house surgeon during that year. What do you know of the relationship between Saunders and Whittingham?—l knew they were engaged some time in 1953. Can you tell me anything about the termination of the engagement?—l did not know until a month or two after the termination. I think it ended some time before February, 1954. After termination of the engagement. what degree of contact was there between the two?—Frequent contact in the course of their duties. The witness added that, outside their duties, there was no contact in the ordinary sense. He knew, however, that the accused was embarrassed and distressed by some of Saunders's actions. Dr. Gillman said he attended a party in George street on December 11 and took friends back to the house surgeons’ quarters about midnight. Mr Adams: When you returned, what did you do? The witness: I showed Miss Boardman up to the sitting room, and then returned to my car for a camera and a flash camera. I then took the

cameras to my room, and almost as soon as I arrived there I heard a loud report from upstairs, followed by a thud and the sound of a woman screaming, and a hoarse shouting sound.

What did you do then?—l immediately went upstairs,.and went to the end of the upstairs corridor to the vestibule. When I arrived, I saw

people gathered round Saunders and Whittingham, who were lying on the floor.

Can you remember how they were lying and where?—Both were lying near the doorway of the balcony and the vestibule, and both heads were on the doorstep. Saunders was on his right side, in a position normally adopted by someone with severe abdominal pain. His hands were pressed over a wound in his abdomen.

What was Whittingham’s position?— She was lying on her left side, facing Saunders.

What was she doing?—She was reaching out towards him. Can you tell me about the weapon? —There was a .303 sporting rifle lying on the floor under one or other of the doctors. >

What did you do?—I pushed through the group, and stepped over Whittingham and pulled her aside by the knees, so that I could attend to Saunders. I carried out a brief examination with Dr. Perry. Saunders was unconscious. Dr. Perry stayed with Saunders, and I went to the telephone to make arrangements for emergency treatment.

Did you take any other steps?— When I had made the necessary arrangements, I telephoned the police. Why did you telephone the police station?—Because it was obvious that Saunders had been shot

The witness said that, after he had completed the call, he returned to Saunders, and found that his condition had deteriorated, and was moribund. By that time, the only sign of life was an occasional gasp. The porter and shift engineer then arrived, and Saunders was carried on a stretcher to the casualty department. Accident With Stretcher Mr Adams: What condition was he m? Dr. Gillman: He was quite dead when he reached the casualty department, and he was quite dead when he was placed on the stretcher. He gave the last of a series of gasps about a minute before he was placed on the stretcher.

The witness, in reply to a question, said that at one stage while Saunders was being carried to the casualty department, he slipped off the stretcher. He was put back on. In reply to another question, the witness said that when he saw Whittingham she did not appear to be distressed. “She looked up into my face with an expression of surprise,” added the witness.

Mr Adams asked: "Was anything said by Whittingham?” s “I don’t remember anything,” replied the witness. Cross-examined by Mr Jeavons, Dr Gillman agreed that Whittingham was trying to get closer to Saunders when they were lying on the floor. Mr Jeavons: How long were you at the party at Miss Elliott’s? The witness: Three and a half hours.

Was there liquor there?—There was. To your knowledge, did the deceased have any?—One or two, I think. Mr Jeavons then asked the witness whether there was any drink available in the sitting room at the house surgeons’ quarters. The witness said there had been no time to put out liquor. Re-examined by Mr Adams, the witness said he thought Saunders had been drinking beer at the party, but he could not be sure. Saunders was absolutely sober when he left the party. Events After Party Perry * a registered medical practitioner, assistant lecturer in pathology at the University of Otago, and pathologist at the Dunedin Public Hospital, said he attended the party in George street. .Mr Adams: How would you describe the persons attending the party? The witness: Could you make your question clear?

Regarding occupation? Doctors, nurses, and others.

The witness said he left the party shortly after midnight and returned to his own quarters. He then went up the outside stairway and entered the sitting room in the house surgeons’ quarters on the first floor. He stopped talking to the others for a time, and then went out to the corridor telephone. While he was there he heard a shot.

He went down the corridor, said the witness, but he could not see what had taken place because of the people gathered there. He then saw Saunders lying on his right side in the doorway. Whittingham was lying on her left side, about 18 inches from Saunders. Mr Adams: What happened next? The witness: Whittingham was taken away, I don’t recall how, and I made an examination of Saunders. Dr. Gillman was there. Saunders was in a serious condition and was deteriorating rapidly, said Dr. Perry. He had a wound in the front abdomen, and the bowels were protuding. Mr Adams: What about a weapon? The witness: I don’t recall seeing one at that time.

Did you remain with Saunders, or did you go away?—l went away after Dr. Gillman came back. He said he had seen Saunders in the casualty department, and Saunders was dead.

Whittingham’s Actions Cross-examining Dr. Perry, Mr Jeavons asked: “As you saw Whittingham with her arms outstretched, did you get the impression she was trying to embrace him?” The witness replied: “Not at the time, but it has occurred to me since.” , _ , Mr Jeavons: Will you tell me what you saw, and the activities of Sergeant Farquhar after he was in the house surgeons’ quarters? The witness: He remained quite a long time, talking with us in the corridor. Then he went into the sitting room to see Whittingham. When he came out, what happened nex t? —Sergeant Farquhar had a cup of tea. The accused was not present. Was she still in the sitting room?— I don’t think so. Asked where they had drunk their tea, the witness said it was m the small sitting room adjoining tho large room. , , After this, he did not know where Sergeant Farquhar went, said Dr. Perry. To the best of his recollection, Sergeant Farquhar remained talking until the rest of the police officers arrived. Did you see him at any time in the company of the accused? —Yes; I saw him talking with the accused in the corridor. , Did you see him at any subsequent time?—No. . Who else did you see in the corridor 7 —l can’t recollect who was there. I do not think there were any police peonle. _ Did you see Sergeant Farquhar finally leave the building?—No. Saunders Found on Floor Johannes Martinus Leus, an insurance agent, said he was at the party in George street with his wife. Among those there he remembered Saunders and Dr. Gillman, Mrs Sutherland, Miss Kearney, and Miss Griffin. The party continued until just before midnight, the witness said. He and his wife left with Saunders and Miss Kearney for the house surgeons’ quarters in Saunders’s car. They went upstairs to the sitting room, and recordings were played. Saunders left the room, and there was a shot. At the time, the witness was dancing with Miss Kearney, said Leus. Everyone rushed from the room to find Saunders lying oh the floor outside, with Whittingham lying more or less on top. The rifle was also there. Whittingham was taken into the sitting room, Leus said. He heard her say, “I didn’t mean to do it.” Under cross-examination, Leus told Mr Gilbert that he did not recall the arrival of Sergeant Farquhar. Mr Gilbert: At' any time after the

arrival of the police did you see the accused leave the sitting room?

The witness: I can’t remember. Leus said that he did not know what Saunders was drinking at the party. There were half a dozen bottles of beer on the table at the party. Mr Gilbert: Is your recollection of the party a little hazy? The witness: No, but it was quite a long time ago. “Two months ago,” his Honour interposed. Asked whether he saw people with glasses in their hands at the hospital quarters, Leus said he did not, but bottles were brought in. Mr Gilbert: You think it was carried in from the other party? The witness: Yes. Further questioned about remarks by Whittingham, Leus said that, while she was at the scene of Saunders’s death, she said that she “didn’t mean to do it.” Leus told Mr Gilbert that he knew the reasons for the party. The main purpose was to honour a nurse who was getting married. Saunders’s recent achievement was also being honoured. Saw Saunders Leave Room

Brian Thomas McMahon, a relieving house surgeon at the Dunedin Public Hospital, said that on The night of Saunders’s death, he came off duty at 11.45 p.m. and went to his room in the house surgeons’ quarters. Another doctor came and asked him to go to the party. He was in the main sitting room when he heard a loud report, and then screams. He saw Saunders leave the room before the report, but did not know where he went. After the report, said McMahon, he went to the top of the stairway in the vestibule, and at a quick glance, saw Saunders lying, with his head on a step. The witness then tried to shift the “excess people” away. The witness said he could not describe the attitude of the body, as he did. not make a close study. He could not see Whittingham, although he heard someone remark that she was there. McMahon said that later he sat with Whittingham in the sitting room. The accused was very quiet and calm. “She asked me if he were dead, and I replied that I did not know,” McMahon said. Whittingham told him that she knew Saunders was dead because she had seen him die, said the witness. She also said.that it was the first time she had felt peace. Life had been hell over the last few months for her.

Mr Adams asked whether the accused had said anything about Saunders’s own actions. “Yes, she said that he would have killed her if he had had enough strength,” replied the witness. McMahon said the accused, when talking about her mother, handed him a roll of paper, and without thinking' he put it in his pocket. She also went to hand him a handful of bullets, but on his suggestion, she kept them. Next morning he remembered the parcel, and after opening it, took it to the police station “to get rid of it,” said the witness. The contents were the syringe and needle produced as exhibits. < As Mr Adams was about to ask McMahon questions on the effects of insulin, his Honour ruled that the Court should hear of his qualifications. Accused’s Demeanour McMahon, questioned by Mr Adams, said that he had passed the first section of the third professional examination. His knowledge of the effects of an overdosage of insulin was theoretical, as he had no experience of patients in this position. He did not consider there was anything unusual in the accused’s demeanour when he sat with her, said McMahon. She was calm, unemotional, and appeared controlled.

Cross-examined by Mr Gilbert, McMahon agreed that the remarks by Whittingham about “the first time I have felt peace” could have been prefaced with the phrase, “strangely enough,” or “curiously enough.” Mr Gilbert: So that the statement was, “Curiously or strangely enough this is the first time I have felt peace for a year”? The witness: I cannot deny it, although I cannot recall. Was Sergeant Farquhar with you when the accused —?—l am not sure; I don’t think so.

McMahon told Mr Gilbert that Whittingham fainted while waiting for the police car to take her to the station. He thought the time that elapsed between Saunders leaving the room and the shot would be 10 minutes.

Re-examined by Mr Adams about the time between Saunders’s departure from the room and the shot, McMahon said he would like to withdraw his original estimate, and give none at all. John David Reid Morgan, a bacteriologist at the University of Otago, said he attended the party, and later went to the hospital quarters. As a result of what he was told, he went to the corridor, and found Saunders lying there. He assisted with a stretcher to take Saunders to the casualty department.

Sergeant Farquhar was standing by a fire escape when he returned, and the accused came out of the sittingroom with McMahon, said Morgan. Objection to Evidence

At the end of Morgan’s evidence, Mr Jeavons said that he wished to object to some of the questions that might arise when the next witness, Olga Zoe Kearney, was examined. Most of the evidence was of a general nature, but an awkward situation could arise.

“Would you like me to hear the objection now?” asked his Honour. Mr Jeavons said he would, and his Honour agreed. In the meantime. Miss Kearney had arrived in the Courtroom, and was standing in-the witness box. The jury and his Honour left the Courtroom, but Miss Kearney stood near the witness box. His Honour returned a few minutes before 5 p.m., and adjourned the hearing until 10 a.m. tomorrow.