Supreme Court Charge Of Attempt To Procure Noxious Thing

Press, Volume XCVI, Issue 28343, 31 July 1957, Page 18

Supreme Court Charge Of Attempt To Procure Noxious Thing

Charles Ronald Simpson, a baker, appeared before Mr Justice Adams and a jury in the Supreme Court yesterday on,a charge of attempting to procure a noxious thing. He pleaded not guilty. Mr R. A. Young, with him Mr P. G. S. Penlington, appeared for Simpson. Mr P. T. Mahon prosecuted for the Crown. Addressing the jury, Mr Mahon said that the Crimes Act referred to a noxious thing as any substance, chemical or drug that could be used to bring about a miscarriage in a woman or girl. It was a crime for such a substance to be obtained for this purpose or for any person to attempt to obtain it. In April or May, 1956, a girl aged 15, who was living at Wyndham, Southland, became pregnant as the result of an association with a man named Ramsay, said Mr Mahon. Some time in May, 1956, she discussed her. condition with Ramsay and a man named Wally Scott. After that discussion, the three of them went to the post office and Scott telephoned the accused in Christchurch. Scott, who knew accused quite Well, told Simpson that a young girl was in trouble and asked accused if he could do anything to help her. Accused said he would see about it. Ramsay paid for the toll call. Parcel Received

A few days after this, Scott received a parcel from Christchurch. said Mr Mahon. After two days, he gave the parcel to another girl to hand on to the girl in question. This girl collected the parcel the same day and inside it she found a bottle -of medicine and a packet of pills with directions typed on an envelope. The girl took some of the medicine but did not like the taste and took no more; she took none of the pills. She wrapped the articles up again and kept them till August, 1956, when she gave the parcel to her married sister who took it back to Invercargill. The girl had a child in January, 1957. On October 20, 1956, Detective Jefferies -of the Invercargill Police called at the home of the girl’s sister and collected the parcel, said Mr Mahon. The contents were analysed and the bottle was found to contain a liquid which had in it a drug stilboestrol, which said counsel, was some times administered to pregnant women. The pills were found to contain potassium permanganate crystals. Neither the drug nor the crystals could cause a miscarriage. Interview With Police Interviewed by the police in Christchurch, the accused made a statement, said Mr Mahon. In this he said that just before the Nelson trotting meeting, Wally Scott told him he had got a girl into trouble, and asked Simpson if he could get some medicine to bring about the girl’s miscarriage. “He told me that he had no money at all and could not marry the girl, and asked me to help him out,” said the a statement. This was at the accused’s home in Rugby street. Later Scott telephoned him from Wyndham and asked if Simpgon could do something about it.

“Shortly after this I went to Bettie’s chemist shop in Colombo street, Christchurch, and saw a man I assumed was Mr Bettie,” said the statement. He was a big man, going bald, about 55 years, with greying hair and a reddish face,” said the statement.

Mr Mahon said the accused, according to his statement, told the man a friend of his had got a girl into trouble and asked if he could do anything about it. The man asked the accused to go into a small room. “He asked me how long the girl was overdue and he told him about a month. He told me that would be easily fixed and .then said he would post it that afternoon. I gave him Scott’s name and address and I gave him an open, cheque for £3.” The statement said that a day or two after he had paid Bettie the money, he received word from Scott that he had received the medicine. “At the time I made these arrangements I was under the impression that the medicine was ’ for a girl that Scott had got into trouble, and not for some other person,” said the statement. It did not matter that the substance in the bottle and the pills was ineffective, said Mr Mahon. Accused was not charged with procuring a noxious thing but with attempting to do so. Evidence by Girl Evidence was given by the girl whose name was ordered not to be published. She said she was nearly 17 years old and at the time the- child was conceived she was 15 years 8 .months. Wallace Rangi Hokaia Scott, a labourer, said that in May, 1956, he was working as a horse trainer and studmaster at Wyndham. Some time i> May he had discussed the girl’s condition with her. Ramsay was present at the time. When witness telephoned Simpson he was advised that the girl should take nutmeg or vinegar or something to that effect. Witness asked Simpson if anything more could be done and he had replied that he would see if he could get something to send down. The last he heard about the matter was when the parcel arrived through the mail. . Kenneth Godfrey Jefferies, a detective, of Invercargill, said that on October 20, 1956, he had gone to the home of the girl’s sister and had tajcen a parcel which he had later given to the Government analyst. - Inside the parcel was a bottle of brownish liquid and an envelope containing 23 pills. To Mr Young witness said that Ramsay had been convicted of obtaining a noxious drug and with having carnal knowledge of the girl. In reply to a question he agreed it had been suggested that Scott might have been responsible for the girl’s condition. His Honour: I do not think we want to dig into that suggestion. Analyst’s Evidence

Oswald Hilton Keys, Governanalyst at the Dominion Laboratories, Dunedin, gave eviOf . having an alysed an Boz St brown liquid and 23 Th* pills were in an enwith typewritten direc-

tions on it. The liquid was found to contain stilbuestrol, a synthetic female hormone active when taken through the mouth. The pills were found to contain 2J grains of potassium permanganate.

There were preliminary indications of ergot, said witness to Mi Young, but he was convinced there was no ergot present. Potassium permanganate was a powerful irritant of the intestinal tract.

‘‘ls it true that neither liquid nor pills was any use in procuring a miscarriage?” asked his Honour.

‘‘One runs across pills of this kind from time to time being used to procure a miscarriage, but they are not very successful,” replied the witness. As far as the liquid was concerned a higher authority was doubtful about the use of hormones for such purposes.

George lan Louisson, a gynaecologist and obstetrician, said that stilboestrol was used to prevent pregnancy diseases, but was unlikely to cause a miscarriage, although it was once thought that it might have that effect. Potassium permanganate could, if it caused diarrhoea, help to produce a miscarriage, but he believed it was little use for this purpose. To Mr Young, witness said that stilboestrol was used to prevent a miscarriage. He had never heard of potassium permanganate piils being used to procure an abortion.

Evidence of a cheque for £3 being drawn by Simpson and the banh in the name of Bettles Manufacturing Chemists was given by Raymond Augustus Soundon Clarke, a bank accountant, and Graham McOwan a J ed 8 erke cper, respectively. Detective-Sergeant Frederick George Pine said he had interviewed Rimpson on October 19 and informed him of a telephone frbm tbe Invercargill Accused asked witness: "Have they told you a 'l about it?” to which witness replied: “Yes.” “I told him it appeared he was trvmg to help somebody out,” said witness. A statement was then taken from Simpson. Witness Cross-examined During Mr Young’s crossexamination of DetectiveSergeant Pine his Honour interto ? ay he was concerned that the trial did not develop into an inquiry as to who was responsible for the girl’s condition. Witness told Mr Young that had mentioned to accused a verbal report he had from Dr. Turner Jenriings saying that the medicine was harmless. Mr Young: The accused will say you told him “It’s not you we’re after but Bettie..’—l told him that I would have to call him as a witness if we charged Bettie. He will say you had some pamphlets showing Bettie’s shop and some men behind the counter and that you asked him to identify Bettie behind the counter. Is that true.—Yes. Witness said he told Simpson he might be dealt with by a Magistrate ’if he pleaded guilty. In reply to Mr Young he said Simpson had agreed to go with him to identify Bettie about April 5. They went to Bettie’s shop and witness went in alone after telling accused to stay where he could not be seen but to take a quick look inside. To Mr Mahon DetectiveSergeant Pine said it was part of his duty to investigate the possibility of charges against Bettie and that accused would have been the main witness if such charges were brought. His Honour: Were you endeavouring to give accused the impression that if lie helped you secure charges against Bettie it would help him? Witness: No sir, that is not the case. Mr Mahon said he had a transcript of the telephone message from the Invercargill police to the Christchurch police and proposed to put in in as evidence. Mr Young said he knew nothing of the transcript and wished to peruse it before it was offered as evidence. His Honour adjourned the trial for counsel to discuss the transcript.