THIRD DAY OF HEARING

Evening Post, Volume C, Issue 89, 12 October 1920, Page 7

THIRD DAY OF HEARING

This morning, Francis Wallace Mackenzie, called by Mr. Skerretit, sgid h« was a. Master of Surgery and a Bachelor, of Medicine of the' University of Edinburgh, where he graduated in 1885. He left the university in 1887, and came to 'New Zealand, the country of his birth. He had practised in Wellington ever since, with the exception of '. the warx period. He practised as a specialist ineye, ear, and throat diseases. He was not a member of the British Medical Association, from which he had voluntarily seceded. In November, 1918, he went out to attend the epidemic, and after that took ill, and retired to ,th« Dannevirke district between Christmas and New Year. He was absent from, practice from early in December until \ nearly the end of January. In the month of February he'wjus absent on the-20% when ha went to Napier. He returned; on the 24th February. Miss Strangffliijjj:, first called on him on the 26th February. Mr. Justice Chapman: "Alone?"

Witness: "Yes." He did not know she was coming. She told him she was beginning to g»j> d^af, and witness examined her nose and throat.' He told hei 1 she had septio tonsils and adenpiffe, said would have to have them operated on. to be cured. She said she w<juld' have an operation. Witness told' her he would have to have the consent of on* of her parspts or her-guardian. She said she would brinjr her mother. He m»de no other oxamirntion of her, exe«pt :«f her

heart. -It was from the examination of Jher heart he detected symptoms which I'might mean pregnancy. She . said in to a question she was not regular .an her health. Witness told her to come 'and bring her,.mother next day. ri Next day,- witness -continued, the girl scame with her mother. Witness spoke ~;tb the mother about the operation. Mrs. 'Strangman said^she was. quite agreeable •to the performance of an operation. Witness fold t»ie mother that the girl _ had certain signs of pregnancy. He said he -would examine the girl, if she liked. The xinother consented, and ha examined the 7giri in the presence of the mother. As -a result of the examination he found a "wound.

; Witness went on to state that he told the girl's mother about this, and said he ■would like to get a good opinion, as he .was not an expert in the treatment i.i Avomen. He said he would bring Dr. ".Claridge down to see the girl. Mrs. Strangman asked in effect—he could not Temember the words—if anything could be dons to relieve tW'girl in such a condition. /-Witness suggested that any interference might ruin the girl's health for life. It was far better to. let these things go on naturally. "I was a specialist." added witness, "and I told her that, and they left."

■'■- The same night, said the witness, the -father cann and introduced himself. He spoke about his daughter and wanted to ■have an illegal operation performed. He Said he was a poor man, but would Spend his last farthing and mortgage his furniture to have it done. He offered witness £50. Witness talked with him, ■'and told him what a terrible thing it was and might spoil the girl's whole life—that really it was not such a dreadful thing for a girl to have a baby. Witness said he tried to persuade him to change his mind to the social aspect. Strangman spoke of the terrible disgracn to the family. Witness told him it would _ be a far greater disgrace to the family to ' do the other thing It would be perhaps murdering his own grandchild—perhaps Jlis daughter. Strangman said Nattrass was the father of the child, and he would rather have anything than that he should lse the father of hi 6 grandchild. 5 Mr.-Macassey-: "Are you looking at notes, Dr. Mackenzie?" ■ - Witness: ''Oh, no; I know all this perfectly well." ; ; Mr. Skerrett: "Go on with your evidence."

7, Witness said he rhowed Strangman the door after that. . He rang up Nattrass, ajiout this matter. "Mr. Justice Chapman : "Who asked you to do that ?"—"Nobody." .. "Did.you know him?"—" Yes; ; he tried to sell me a car some time beforeV' ; "Not a month before?" —"Oh, no; six months or more." '.Witness -told Mr. Skerrett, it was months since he had seen Nattrass. He doubted whether he would have known him, if he had seen him. Mr. Skerrett: "Did you know anything about the Napier trip?"—"Oh, no i I heard about it for the first time the other day ; " ' TJie witness-said then that he told Nattrass on" the telephone that the Strangmans were wanting an illegal op-, eration on the girl, of whose child he was said to be fatheW Nattrass replied quickly, :-."ir I hear, of ..anybody, 'interfering with that girl I will put the*. police on them." \ The Presiding Judge a "And was this conversation _through^il}'e telephone, ?"— "Yes; I; asked "f or Nattrass on, the 'phone:-' /- ■■• " - '■'. '■'■-''

Proceeding with'his story, the witness said that on Saturday, 3rd March, he ■was performing an operation at the Brougham-street "Hospital with Dr. Claridge. When it was over he told Claridge he had a'case he wanted to consult him about. They endeavoured to find the street .where the Si»rangmans lived, and" failed^atfd! >ent; Some. , . ' .-•■ In regard-to details, the witness complained of-abadiiriemory—the result of illness. He'ronetobered Strangman calling again,; and-putting the same proposal. Witness agreed with him, and tried to persuade.him to' dismiss the matter from his mind.. He bslieve'd Strangman came about-eVery day, pressing for ari illegal operation^' He remembered Nattrass coming jto : his house and telling him he had got the girl into trouble, and was going to stand by her, through everything. Nattrass said : "That's my child, and I want it It might be a little' girl, and I love it " N.ittrass told him he had been to see Strangman, and he warned witness to have nothing to do with their schemes Witness reassured him on that score

Mr. Skerrett 1 "Sow long was this interview before tho 7th March?"—"lt must have been, some^days"before." Mr. Skerrett - "We will pass on. You have been very ill?"—" Yes; I have quite lo3t my memory, .but it is coming back."

"It is quite dear it is not restored yet."—"Yes, it comes and goes."

The witness then recalled a visit from Nattrass early in the morning of 7th March. Nattrass was bearing a letter from Miss Strangman. Mr. Justice Herdman 1: "Have you got the letter?"

Mr. Skerrett: "I am not at all sure thit the letter which Nattrass had in his mind might not have been the letter of the 4th March, misread by him. Wei have been wholly unable to find the letter containing tha information referred to in this evidence." .

The witness said the letter was an appeal from the girl to Nattrass to rescue her from an impending operation. There ■wag a request in it, too, to Nattrass to appeal to witness to help. He did not think any place had been mentioned. Witness said he had spoken to the girl strongly against tho operation, which 'he seemed to favour at first, and told her it v?as.: far better to do the real human thing, and have- her child, rather than have it murdered. Nattrass said : "What about the police?" Witness said : "They won't do anything. This sort of thing is going on .all the time •under their eyes in Wellington. The police do nothing:. Children axe being murdered every day in Wellington, and the police don't care twopence." Witness said hie had a good deal of experience in these things with people coming; to .him to to. get this done. He told, Nattrass to go away, and come again later on. '' TO SAVE THE GIRL. Continuing his story, the witness said lie told Nattrass the adenoid operation was still being considered, and that he thought the girl should, be got out of the control of her parents, who were dangerous to her, and put her in Nuts© .Vickers's hospital, where she would be safe, from improper interference. His idea of geiting Dr. Claridge was to have the adenoid oparation performed, andl keep" the girl in hospital until it was too late to consider any operation of the other kind suggested. Witness then described tha visit of the Strangmans, Nattrass, and Dr. Claridge to his house in Willis-street. He had at this time still the intention of doing the adenoid operation, and doing it quickly. If there had been adangerous disease, as indicated by the wound, he would not •have considered, the operation, but the wound healed so quickly he thought it) quite safe. , When' the parties nuet in his consulting room—the Strangmans, Dr. Claridge.- and he himself—Dr. Claridge examined the girl, and pronounced her fit for the operation. Claxidge then went away, and! then Mrs. Sfcrangman left the room, leaving the girl, to whom the witness spoke. The. girl said she was a prisoner, confined to her hoom, not allowed to communicate with anyone, except one girl. Miss Strangman said she was gomg to be taken away—and she mentioned Syd-,uey^ti'eet--to/have this illegal operation.

performed. The girl was very excited and frightened. The girl asked if she might go upstairs. There she met Nattrass in witness's smoking-room. The interview between Nattrass and the girl was short. Sir Bassett Edwards: "Did she know he was there wailing for her?"-—"Oh, no.. She went up in the ordinary way." ARRANGING THE PLAN. Witness said he then discussed tho matter with Nattrass jafter tho Strangmans had gone. They agreed they muEt get the girl away Irom her parents before anything happened. Nattrass suggested getting her to friends at Nelson, wherethey should put her in the meanwhile, as the police would be on her tra,ck. Witness suggested an old lady at Paremata, where the girl might be safe until they could get her to Nelson. Nattrass fell in with the suggestion, and witness promised to see. the lady in question. Witness accordingly made the arrangements, seeing the lady, who lived in Pothill Gully. He told her all about it. She consented. In the evening he dropped along to see Claridge, forgetting about an appointment he had made with Nattrass. While he was at ■ Claridge's Nattrass rang him up on the telephone and reminded him of the appointment. With Dr.Ciaridge's consent, witness asked Nattrass to come along. Dr. Claridge knew the medical aspect of the case, but nothing else, but when Nattrass came he told him all about it. Claridge had told: him that Strangman had approached him.

Sir Bassett Edwards : "You have said that Claridge knew all about it?"—" Only the medical aspect."

CONSULTING- THE LAW. When they were all together, witness. continued, he unfolded the proposition he had to make. . He believed the first thing he told them was that they were going to take her away. They had a long talk about it. Nattrass and Clar-. idge looked up a book of law to ascertain the legal position—a book called "Tlip Justices of the Peace Act."' (Laughter among learned counsel.) Wit-, ness said he was responsible for the scheme—he was the "brains" of it. ' Mr. Skerrett: "Well, they might have got a more ingenious inventor." Sir Bassett Edwards: "And the others were responsible for the law.". Witness said he had considered the moral aspect. LIKE THE "MOVIES." The witness proceeded with his story of how they Went, to the hospital in the car. It was merely a. suggestion to Claridge to come along in the car. Sir Bassett Edwards: "That is, the sort of thing you see in the picture shows." •

The witness, continuing-, said he went on to the hospital, where he found Miss Strangman sound asleep. She was a young girl and slept soundly. To get the nurse away witness asked for paper for a prescription. In the absence of the nurse he took the girl by the shoulders and shook her soundly. She woke up and said: "What is the matter?" Witness said: "Nattrass is waiting for you outside; he told me to get you." She said she had no clothes. Witness then went and told them in the car, arid Claridge went up. Witness asked the nurse for a cup of tea. Meanwhile Claridge went up. While witness was having his tea with the night nurse, abell rang, and Nurse Vickers inquired what was the matter. Witness-told her that Miss Strangman had gone—apparently walked in her sleep. At the eug gestion of Nurse Vickers he went up to the parents' house and told the Strangmans. They had a long talk. He did not tell them the girl ,had been abducted in this way.: He suggested.. the girl might have walked in her sleep or gone in a taxi. He* was doing it to. gain time. They wanted to go for the police. He tried to dissuade them. He never ran until he said "Good . night," shaking hands with them all. They were quite friendly; he did not want them to know. He regarded Miss Strajigman as his patient. He only entered the name of Miss Strangman in the book, not Mr. Strongman's. If he had known as much about it as he knew now, he would not have been mixed up in the case at all. This, concluded the examination by Mr. Skerrett. .- • • ' ABOUT THE FIRST MEETING. Cross-examined by Mr. Macassey, witness denied having told -Detective Rawle that Miss Strangman' consulted him on or about sth February.; The girl never came near on- the sth; he did not know her until the 26th.' He did not meet Nattrass in Napier in' February, 1919. He did not make a statement to Detective Rawle that he Had met Nattrass at Napier on the 22nd February. He did not know, even, it was Detective Rawl« who came to see him; the detective had not introduced himself. (Laughter.) .

At the Tequest of Mr. Macassey, Detective Rawle stood up in Court, and was duly recognised. Witness denied having told Detective Bawls that Nattrass was not assisted in. hie designs by him. As a matter of fact, he had done the whole thing himself, and did not need assistance. He had not intended to deceive Nurse Vickers. At 12 o'clock he intended to carry out the operation. It was not until he had spoken to this girl that ha-decided to act. He had not mentioned the scheme to CJaridge until ■ TTattrass came. To Mr. Skerrett: He had told Nurse Vickfcrs three or four days before the 7th March about an operation on. a girl for adenoids.

To Mt. Justice Chapman : He could not explain why the girl had no clothes at the hospital, unless the parents had I taken them away. I At th& conclusion of,his examination, the witness made a voluntary statement to the Bench that Dr. Claridge had really nothing to do with the matter beyond acting as a Good Samaritan at the finish. Sir Bassett Edwards : "He wient to see the fun. I am afraid the 'movies'> have a corrupting effect on other people than children." At this stage the luncheon adjournment was taken. NO FURTHER WITNESSES. "When the proceedings were resumed this afternoon, Mr. Skerrett asked leave. to file an affidavit by Dr. Johnson, of Napier, to whom reference had been made during the case. If the Court so desired, they would secure the .presence of the. doctor at the earliest • possible moment. Mr. Macassey said he did not think it would be necessary. Mr. Justice Chapman : " I don't think any suggestions were made by Dr. Johnson." • ■ Mr. Macassey said he only relied on the statement of Nattrass reported by Wolfe that if the Strangmans had not interfered he would have had the girl fixed up at Napier. He did .not suggest that Drs. Mackenzie and Claridge were contemplating an illegal operation on the girl. . Mr. Skerrett then said he was not prepared to take the responsibility: of having Miss Strangman brought before the Court for the .purpose of examina-: tion. It was impossible for him to bring the girl to Court for the purpose of giving evidence against her parents, because it was only on that one ground that the girl was relevant to the inquiry. He had not the slightest objection to the .girl .being called and examined by the Registrar or other officer of tho Court. Sir Bassett Edwards : ''Counsel must take their own course." Mr. Macassey said ho was not prepared to call the. girl. COUNSEL'S ADDRESS. . Sir. '.Skerrett then addressed the .Court 1

on behalf of Dr. Mackenzie, against whom, in 33 years of practice, there had hitherto been no ground of offence. It was obvious to the Court that the Doctor's best work had been done, and that through sickness and years his memory was failing and his faculties no longer keen. Every episode of this foolish business had been obtained from tho lips of Dr. Mackenzie. He submitted the Court should proceed with caution in determining the character of the misconduct suggested and the amount of responsibility attributed. Suspicion had a cumulative force Jui cases like the present, when the Court was concerned with acts of a peculiar mentality. The question of whether or not the parents desired to have an abor■tion procured on their child was not the main question at issue before the Court, but it had coloured tho whole case with suspicion and prejudice. Counsel laidl stress on the fact that it had bean admitted that neither Dr. Mackenzie or Claridge desired to remove the girl from the hospital for the purpose of procuring abortion, and, again, that it was not suggested that any pecuniary reward' or promise was ever made to Drs. Mackenzie or Olaridge. One of the curious: factors of the case was that Nattrass seemed to have enlisted Dr. Mackenzie's- wholehearted sympathy in the matter, because Mackenzie wanted to save the girl. (Proceeding.)