'ABSURD SITUATION' DEATH FROM POISONING

Evening Post, Volume LXXXIII, Issue 151, 26 June 1912, Page 8

'ABSURD SITUATION'

DEATH FROM POISONING

COMMENTS BY MR. JUSTICE SIM BAKERS' AWARD. A peculiar situation is revealed in a judgment of the Arbitration Court filed this afternoon in the matter of- the proposed application by the New Zealand Federated Bakere' and Pastrycook'e' Association of workers. "It was proposed," said Mr. Justice Sim, "that the application Bhould -be heard in Wellington dux-ing the present month. The amending Act of 1911, which authorised the making of such an award, .-came .into force on- l6t March, 1912, but the regulations prescribing the procedure were not gazetted until 13th June. The association became so impatient at the long delay on the part' of the Labour Department in having these regulations framed that, in anticipation, of* the regulations, an. application for a Dominion award was framed and filed in some of 'the industrial districts.- When the proceedings in connectioo with this application were examined, they were found to be so defective that it was impossible to proceed with the application in its then form,and the parties weTe informed of this. The association has now applied to the court for directions as to further proceedings. The court, of course, cannot issue any directions to the association on the subject. All that it can do is to make suggestions with regard 'to future proceedings. Having carefully considered the- provisions of section 4 of the Act of 1911, and of the regulations thereunder, we have no hesitation in advising the association to abandon the attempt to obtain an award under the Act in its present shape. The procedure is so complicated and confused that months probably would elapse before the hearing could be reached. The chief difficulty arises from the provision contained in subsection 5 of section 4 j as to the place of hearing. That provides that the application shall be heard in such place or places as the parties may agree on, or, in default of such agreement, ac the Court, on the appScation of any party after notice in the prescribed form to the other parties to the dispute, directs. Such' a. provision might be suitable in connection with ordinary lawsuits where, in the majority of cases, there are only two parties. Even in auch a case it would be rather a novelty to prescribe that the parties were to agree as to the place where the case should be j tried. But to make such a provision in the case of an industrial dispute, where there are perhaps hundreds of parties, is" to reduce ths whole matter to an absurdity." His Honour went on to say that nothing was said as to when the application to the Court to fix the place of | hearing was to be heard. Could anything be more absurd? The Act raised other difficulties to which it was not ' necessary to refer at present. The association was recommended to have proceedings taken by the local unions to obtain local awards in the Northern, Canterbury, Otago, and Southland districts. When the hearing of these disputes had ended, the Court could then make uniform awards, which would be, in effect, a Dominion awatd.

EVIDENCE AT THE INQUEST. At the inquest on George Zealandia Quarrie, commission agent, a well-known Wellington business man, to-day, it was elicited by the Coroner (Dr. M'Artaur) from Dr. Temple Perkins, who was called to the deceased, that a glass was found by Quanie's niece containing prussic acid. Quarrie was practically moribund when witness arrived, bet the stomach [ tube was used as well as hypodermic | injections of strychnine and nitroglycerine, but without avail. Witness came into contact with deceased. in the course of attendance on lodge patients, but so far as he could see Quarrie was not depressed or in ill-health. Death appeared to be due to prussic acid, and four or five grains of that would be sufficient to cause death. LeiL M'Kenzie, pharmaceutical^ chemist, produced a poison sales book, in which was recorded the sale of one ounce of cyanide of potassium. Deceased called at witness's shop ia Manners-street between 10 a.nL and 11 a.m. on Monday, when hemade the purchase. He asked for cyanide of potassium- Witness had none in stock, but said he would procure j it by the afternoon. This was done, Quarrie taking the poieon away with him at about 4 o'clock. Deceased filled in the name in the poison sales book as " James Wood," but he gave his correct address. He said he wanted the poison to kill a cat. Witness told him that an ounce was a large quantity for that purpose. To witness he showed that he had a thorough knowledge of the drug. There were no signs of liquor on deceased, who was quite jovial, and talked clearly on- current events of the day. To Mr. Fitzgibbon (who appeared for the deceased*, family), witness said there •was nothing to be gained by Quarrie giving the wrong name. Dr. Bowerbank gave evidence corroborative of Dr. Perkins. Mrs. Quarrie, widow of deceased, said her late husband -was aged fifty-one. He had .act been in good health' for some time back. He had had an attack of pneumonia some months ago, being confined to h« room for six. "weeks or two months. He recovered, and was about again, but not in hie former state of health. On Sunday last he complained of feeling unwell. Witness described how her husband went into hie room with a glass in his hand. He left the glass on the dressing table, and went to bed. Witness did .not see deceased take anything from the glass, having her back turned to him. He was in the habit of taking medicine at night for sleeplessness, and sometimes he would take a tittle whisky and water. Witness, hearing heavy breathing, thought her husband had an apopleptic attack, and she immediately sent for a doctor. "I think my husband made a mistake in bringing upstairs the wrong mixture. He had two bottles jf - medicine downstairs, which he used to take at .night. Ido not think for one moment that this act was wilfully 'done." Mr. Quarrie was in a good financial position, and there were no financial troubles of any sort; and even in ill-health he was always bright and cheerful-7-ri^ht up to the last minute. Her married life was happy in every way, and he was a good husband. It was a common practice of his to take a glass of medicine or stimulant every night, putting the glass on the table. He had an Irish terrier dog of -which he was very proud, and wa» most particular about it. There was a mangy cat about the place which he was afraid would contaminate the dog. He said he would "soon fix the cat up." The Coroner found that death was due to misadventure, there being nothing adduced in the evidence to show why the deceased should- take his life.