MAGISTRATES COURT Elderly Woman For Trial On Abortion Charge

Press, Volume CIV, Issue 30678, 18 February 1965, Page 11

MAGISTRATES COURT Elderly Woman For Trial On Abortion Charge

An elderly woman, whose name was suppressed, was committed for trial in the Supreme Court on a charge of unlawfully using an instrument with intent to procure a miscarriage on January 15, after depositions had been taken before Messrs W. H. Small and L. H. Petrie, Justices of the Peace, in the Magistrate’s Court yesterday. The accused, who pleaded not guilty, was granted bail. She was represented by Mr D. H. Stringer. SeniorSergeant G. M. Cleary prosecuted. The Court was cleared of all members of the public before the taking of evidence began. The names of all witnesses except those of the doctors and police were suppressed. When outlining the evidence Senior-Sergeant Cleary said three young women would give evidence of having miscarriages caused by the accused. The charge was in respect of one of these. The other two women would give evidence of what was alleged to be a systematic course of conduct

The onus was on the prosecution not only to show that the instrument was used with the intention of procuring a miscarriage but also it had to show that the act was unlawful.

It had been held that the only person who could lawfully procure a miscarriage was a member of the medical profession after he had consulted with other doctors and then only to preserve the mental or physical health of the mother, Senior-Sergeant Cleary said. A single typist, who was named on the information, said she lived in a flat with two other girls. About the middle of November she discovered she was pregnant. One of the other girts was also pregnant

Witness was given a telephone number by a girt at work. She arranged for the other girl and herself to see a woman. The witness gave evidence of an operation she said the accused had carried out on her. She said that she was then given some pink and white tablets. The accused was paid £3O. The witness said she returned to the house the following night because nothing had happened. The operation was repeated and she felt very sick. She went back to her flat where she was seen by the police. They arranged for her to be admitted to Princess Margaret Hospital and she had a miscarriage the next afternoon. To Mr Stringer the witness •aid she had not informed the police. Asked if she knew how the police happened to be at her flat, witness replied that they had followed her from the accused’s place. Dr. James Stewart Wilson said when he examined the Previous witness she was suffering from acute abdominal Pain and was hemorrhaging. She had a temperature and was treated with sulpha drugs. In his opinion she had had a miscarriage. The operation described by the complainant could have caused a miscarriage but that tnethod would certainly have not been one a member of the medical profession would have used to procure a miscarriage. It was extremely dangerous to the health of the patient, said Dr. Wilson. Detective-Sergeant J. W. wooders said on January 15 he took a party of police to keep watch on the accused's home. He watched from 7.45 P-tn. to 8.15 pan. and he was relieved. During this time the lights in the front bedrooms ’ere on for a short time. He did not see any persons enter or leave the house.

About 9.30 p.m. he and Detective-Sergeant Lee walked past the house. A taxi Pulled up behind them. The headlights of the vehicle ’ere turned out and the horn ’as sounded twice. A young rtan and woman came from toe accused’s house and got into the taxi. Detective-Sergeant Wooders said he ran to a police 'ar and followed the taxi. When it stopped in the city r*o of the previous witnesses got out He took the woman to the casualty department of the Christchurch Hospital and ‘he was admitted.

Detective-Constable D. N. ocott said he found a cash jm containing £5OO and a wallet containing £306 10s when ‘earching the house where

the accused lived. He took possession of the money and issued a receipt Mr Stringer: A notable omission in the exhibits is the money.

Witness: Yes, inquiries are continuing to establish the ownership. The man in the house said the wallet was his. Detective-Sergeant D. C. Lee said that as the result of confidential information received at 7.30 p.m. on January 15 he went to the accused’s home. After the taxi left he went inside with a police party. He showed the accused the search warrant and told her he had reason to believe that an illegal operation had been performed in the house. She had replied that she did not know what it was all about.

The accused denied that she had any callers that evening had said that she and her brother-in-law had been watching television all evening. She said her source of income was a Social Security benefit and what her brother-in-law gave her. She disclaimed ownership of the money found in the house. He returned to the house next morning and arrested the accused, Detective-Sergeant Lee said. DISCHARGED Michael Cook, aged 24, a clerk, was discharged on a charge of indecent assault on a girl aged 17 on December 17. He had elected trial by jury and was represented by Mr A. D. Holland.

The complainant said she was pinched on the left breast in the High street shop of Woolworths, Ltd., at 12.10 pm.

To Mr Holland, the witness said nothing had been said at the time of the incident. She did not squeal or yell. She did not think the assault was the result of jostling. Detective-Sergeant Michael Jones said that Cook denied the offence when he interviewed him on January 19. Mr Holland submitted there was no evidence to corroborate that of the complainant’s. It seemed incredible for the offence to have taken place in the circumstances outlined, he said. (Before Mr K. H. J. Headifen, S.M.) DANGEROUS SPEED Pleading guilty by letter to charges of driving at a dangerous speed and exceeding 30 miles an hour on December 12, Russell Leonard Barr was convicted and fined £l5, with cancellation of his driver’s licence for one year, on the dangerous speed charge, and on the other he was ordered to pay costs. Traffic Officer J. F. McKee said that at 10.40 p.m., Bantravelled on Riccarton road

from Hagley Park to the traffic lights at 40 to 45 miles an hour. He overtook three cars near a pedestrian crossing and nearly collided with oncoming cars then he passed another group of five cars just avoiding a collision with oncoming cars. When stopped, Barr denied the offence and became quite belligerent, said Traffic Officer McKee. DISORDERLY BEHAVIOUR Charged with behaving in a disorderly manner in Sawyers Arm road on February 16, Powhiri Love, a shearing contractor, was fined £5. He pleaded guilty to the charge. Detective Sergeant E. J. Stackhouse said Love was found by the police sitting in a parked car with blood on his face. He was in an argumentative mood and wanted to fight the police and he pushed one of the constables. ADJOURNED Charges of being prohibited immigrants against Leslie Norman Glew, aged 32, and Ronald James Glew, aged 26, were adjourned to March 18 on the application of Mr N. R. Morgan, appearing for the Crown, who said both accused bad been sentenced in the Supreme Court to three years’ imprisonment TRAFFIC CASES In traffic cases brought by the Transport Department convictions were entered and fines imposed as follows: Exceeding 30 miles an hour: David Ernest Crawford, £5; John Louis Healy, £5; John William Lee, £3: James Richard Keith McLean, £S; Richard Alan Bainbridge, £3; Kenneth Bruce Bird, £3; Rita Beverley Boyce, £3; Norman lan Carter, £3; Robin Wilfred Farrar, £4; Ronald Mansfield Higgs, £3; Antonie Gael McArthur, £5; Harold Brian Rodgers, £5; Beach Freeman Rogers, £4; John Edward Shepherd, £3. Exceeding 55 miles an hour: Wilfred Farrar, £5: Dennis Hardwick Banks, £7; Richard Charles Batchelor, £8: Raymond Neil Hellyer, £8 (exceeding 30 miles an hour, £0 and his driver’s licence cancelled for three months). _ . . No warrant of fitness: Robert Cecil Courtier. £3; John Hamilton, £3; Fred Hopkinson, £3; Alfred George Southern, £4. Dangerously loaded vehicle: Lawrence Andrew Chambers, £8; Bruce Noel Richards, £lO. Insufficient lights: Douglas Colin Marriner, £8; Brian William Laugton £B. Failing to keep left: Ronald William Waustall, £8 and his driver’s licence cancelled for one month. Permitting use of unlicensed vehicle: Morris Maxwell Chandler, £4 (no driver’s licence, £3; no warrant of fitness, £1). No driver’s licence: Alexander George Anderson, £«. Careless driving: Malcolm Barrymore Loose, £B. (Before Mr H. Rosen, S.M.) 18 MONTHS’ PROBATION Appearing for sentence on a charge of theft of a cycle on ' July 29, 1963, Junior Did Moana Keefe, aged 19. a railway employee (Mr D. H. Stringer), was placed on probation for 18 months and was ordered to pay £lO towards the eost of prosecuMr Stringer said that since Keefe had been in hand by the Maori wardens and probation officers he had shown he was capable of being a responsible citizen and his work had improved.