BEDSIDE REMARKS

Dominion, Volume 26, Issue 308, 23 September 1933, Page 9

BEDSIDE REMARKS

Hospital Evidence MURDER CHARGE Difficulty Over a Will EVIDENCE UNCOMPLETED Bedside conversations recorded between George /Edward James and members of the police force while he was in hospital were, part . of the evidence at the continued hearing of the Police Court yesterday of the charge of the murder of Mrs. Cecilia Smith laid against James. A witness called during the day was Mrs. Nancy Rouse, foster daughter of the accused. She stated that the letter published on Thursday, which was addressed to her, was in his handwriting. The magistrate, Mr. E. Page, adjourned the hearing to Tuesday morning, when several more witnesses will be heard. Mr. P. S. K. Macassey appeared for the Crown and Mr. W. ,E. Leicester and Mr. T. P. McCarthy for the accused. ■ Condition in Hospital. The doctor at Wellington Hospital, who examined James on his admission, Dr. K. 1., Nissen, house surgeon, said that when the accused was ■ admitted on June 30 he was conscious, but did not volunteer answers to Questions. His breathing was not difficult, and'there were no signs of water having been inhaled. Witness did not detect any smell of alcohol about the patient. Later the patient developed a mild bronchitis and was kept in bed under observation until his, chest had gradually cleared up. He was discharged from hospital on July 21, when he was put into the custody of the police.' The accused’s general demeanour in the hospital had been depressed and worlied, but in his physical condition there was no striking deviation from the normal. On Sunday, July 2, the accused was interviewed by ChiefDetectiye Carroll and DetectiveSergeant Jarrold. Before this interview witness had examined the patient and found him in quite a fair condition. . Mr. Macassey: Was he in a fit state to make a statement to the police?— “Yes." His mind was quite clear? —“Yes.” Mr. Leicester: Do you say that on the Sunday* and Monday his general condition was low?—“No, it was not low on either day.” , Knife. Wounds Described. • Examinations of the body of Mrs. Smith at the Qhiro Hoad flat and later at a post-mortem at the morgue were described by Dr. I’.P. Lynch, Wellington Hospital pathologist- He detailed the appearance of a number of wounds about the throat 'and; neck; There were wounds on hands, such as might be caused by the gripping of the blade of a knife and having It withdrawn from the grasp. All the injuries could have been caused by the knife exhibited in court .. .. .. - - • , Mr. Macassey.- What are your reasons for saying that the wounds could have been caused by this knife? Witness replied that the knife, which Was of the ordinary table variety, bad. certain . characteristics in the blade, which were .compatible with all the wounds.' It had a fine saw edge as if at some time It had been sharpened •n concrete. Mr. Macassey: In your opinion, could these Injuries have been self-inflicted? —“No.” Post-mortem reports made by Dr. Lynch on the body of the boy, Noel Smith, were objected to as evidence by Mr. Leicester. On June 29, Mrs, Smith, who had been a close friend of hers, anti her eon had lunch at her home, said Mrs. Cora King. The accused called at the house for about ten minutes and left before Mrs. Smith and her son, after having arranged to meet them later in the city, . The foster-daughter or the accused, Nancy May Rouse, who lives at Petone, was then called to the witness box. Her foster-mother, Mrs. James, had died on January 28, 1933, she said.Witness had lived with the couple until April, 1931, when she was married. She had been made the sole beneficiary under her foster-mother’s will, and this had caused a little trouble between herself and the accused. The accused had been living in her home for about six weeks after his wife’s death. When questioned, witness said she remembered the accused calling on her at her home at about May 6 of this year. He had said something about a Mrs. Smith, that he was Interested in her, and hoped to be married to her. That was the first time witness had heard of Mrs. Smith. Witness was then shown the letter which was read out in the court on Thursday ahd which had been found on the wharf near where the accused was rescued from the harbour. Mr. Macassey: Is that letter in the handwriting of the accused, and addressed to you?—“Yes.” His dealings with the accused were described by Mrs. Rouse’s brother-in-law, N. H. Rouse. Some time after the death of Mrs. James the accused had come to him and said that he was on relief work and absolutely destitute. Witness had replied that he would do what he could as far as food and clothing were concerned, but he could not. give him any money. The accused had seemed to be more or less satisfied with that. Later he said he would contest the will of his late wife, which was in favour of his foster-daughter, if witness did not let him have some money. He had taken over the legal work connected with the estate of the late Mrs. James, witness continued. It had been discovered that the estate had no value. Letters written to witness from e firm of lawyers on behalf of James were read In court. They concerned the will and announced an intention to contest it. In the evidence of two constables, whose duty it had been to remain near the accused during his stay at hospital, remarks which they had heard at various times from the patient were related. FTom July 3 to July 11 he had remained every night at the accuseou bedside at hospital, said Constable McManus. During that time he had several conversations with him, and he appeared to be quite rational. Remarks in Hospital. At one time the accused said he had been worrying all day, said witness, and remarked that he coul<) not get five minutes at a time without “things flashing across his mind.” At another time he said: “It is a week to-day, you know.” On an occasion when he w-antM M® sspectades h® caldj “33W

are bound to hare found them. I have always left them on the mantelpiece." Constable Rush, who was engaged in day duty at the bedside, gave evidence on what he had heard the accused say at various times. Once he had passed the following remark: “If my adopted daughter had stuck to me I would not have been in this position to-day.” He sometimes complained of pains in the head, saying that he had had malaria before and consequently “got a very bad head every two years since.” “At another time the accused said: ‘Have you found Noel yet?’ ” witness continued. “I replied, ‘Yes.’ Accused broke down crying, and later continued to say: ‘I loved the boy dearly and always took him for rides on my bicycle.” Other remarks by the accused, witness said, had been:.“Mrs. Smith was a pure woman and a good Catholic, but my daughter despised her. My wife left everything to my daughter, and now my daughter won’t help me. I am only just beginning to realise what has happened. I loved and adored Mrs. Smith, and she was a straight woman. If I had the money to get married I would have been very happy. I had been worried for a long time for being out of work. I was only getting 13/2 from relief work. Often I went hungry during the last month or two-”

Shortly before his discharge the accused had said: “If they get me up before my cold is better it might get worse and I don’t tvant to get pneumonia.” Whenever the doctor visited the ■ accused he seemed to get worse. He appeared to develop a cough, and when the doctor left the cough would decrease considerably. Questions at Bedside.

A description of the first conversation the police had with the accused was given by Detective-Sergeant Jarrold. On July 2, he said, lie and ChiefDetective Carroll visited the hospital and were given permission by Dr. Nissen to see the patient He was warned in the usual way, and the ensuing questions by the police and the answers made to them were recorded at the time. Witness read out the conversation, which took place in part as follows: — Police: You know Mrs. Smith? Well, she's dead. —“Is she dead?" When did you see Mrs. Smith last? — “On Thursday afternoon at Mrs. King’s place. ... I don’t remember where I went to after that. I left before Mrs. Smith went. ... My mind is a blank for the last two days. I don’t remember anything until I woke up this morning in hospital.” When did you last see the boy Noel?— “At Mrs. King's with his mother. I have not seen him since.” How long did you live with, Mrs. Smith and the boy?—“About five weeks. ... I haven’t seen them since I left the Kings’ house. ...” Have you got a bicycle, James?—“l haven’t got a bike.” I thought you had one?—“I have got a bike. I don’t remember where it is."

Continuing, witness said that ChiefDetective Carroll then said: “Mrs. Smith was found dead in her flat at 27 Ohiro Road on Friday, and we have to make these Inquiries from you, as you were living at the flat with her.- Is there anything you can tell us about It?” The accused had replied, “I don’t remember anything.” At this stage the accused had appeared to be distressed, and the interview had closed. Detective-Sergeant Jarrold gave detailed evidence of the part taken by the police in their inquiries, including their unsuccessful search for the bicycle reported to have been used by the accused.

Mr. Macassey intimated that there were several more witnesses to be called, and the magistrate adjourned the beating to Tuesday mcodug saw