CHARGE OF MURDER

Dominion, Volume 23, Issue 109, 1 February 1930, Page 12

CHARGE OF MURDER

SEQUEL TO WOMAN’S DEATH

ACCUSED TO STAND TRIAL

Dominion Special Service.

Auckland, January 31. A further sequel to a charge of abortion against Maud Herbert, a domestic, aged 41, was heard before Mr. F. K. Hunt, S.M., in the Magistrate’s Court this morning, when the woman faced a charge of murder. Her appearance in Court followed the death in the Auckland Hospital of Jean Muir Burdis on whom, it is alleged, ’an illegal operation was performed by Mrs. Herbert. Concurrently with the charge of murder against Mrq. Herbert, an inquiry into the death of Mrs. Burdis, who was married in hospital, was held by the Coroner, Mr. Hunt, S.M. The charge read against the accused was: “That on December 22, for an unlawful object, she did do an act that she knew, or ought to have known to be, like-, ly to cause death, to wit, did unlawfully use - upon Jean Muir Munns a certain instrument or other means, with intent to procure a miscarriage, and did thereby commit the crime of murder.” Mr. A. Moody represented Mrs. Herbert, who pleaded not guilty. A young engineer, who kept company with ’the girl, and subsequently married her in hospital, described visits paid to the accused’s home in Mount Roskill. He said he had agreed to pay £lO for an operation to be performed on the girl. Witness saw the girl in bed at Mrs. i Herbert’s place on December 24 last. Detective Knight said he had gone to accused’s home on December 30 last, in company with the police matron. Detective Snedden, and Acting-Detective Davis. Witness described the condition of the house, and alleged that evidence of illegal operations having been performed was found. . He further alleged that Sirs. Herbert had acted in a revolting manner when endeavouring to destroy certain evidence. So violent had she been that she was taken directly to the police station. / • Walter Gilmour, pathologist at the Auckland Hospital, said he made a postmortem examination of the body of Mrs. Burdis on January 23. Death was due to blood poisoning. He said this condition resulted from septic abortion. The Coroner found that Mrs. Burdis died at the Auckland Hospital as the result of blood poisoning caused by a septic condition following abortion. He decided to make no further comment, as he was committing accused for trial. In view of the fact that the case was not one of ordinary murder, Mr. Moody asked that she be granted . bail, which had been refused at the previous hearing. A most urgent reason for her release until the Supreme Court session next Tuesday was that it was necessary that he should be in constant communication with his client. Mr. Hunt was at first inclined to grant the application, but altered his mind after receiving a report from the police. Mr. Meredith, Crown Prosecutor, opposed the application. “I do not think this is a case in which bail should be allowed,” he said.