MURDER ALLEGED

Evening Post, Volume 50, Issue 50, 27 August 1926, Page 8

MURDER ALLEGED

AGAINST WELLINGTON WOMAN

OBJECTIONS TO DEPOSITIONS

ACCUSED'S NAME AMENDED.

Tho chargo against Elizabeth Ann Nevill, of having murderod Elsie Davis, a married woman, at ■Wellington, on or about 11th July, 1926, was proceeded with in the

Magistrate's Court this morning,

The Court was cleared,

Mr. E. Pago, S.M., was on the Bench, Mr. P. S. K. Maeassey, Crown Prosecutor, handled the prosecution, and Mr. J. F." B. Stevenson appeared for the accused. Mr. Macassoy said that lie desired to amend the information in the name of Wylie, which was Mrs. Nevill's correct name. Tho amendment was accordingly made. Mr. Macassey stated he did not propose to address the Court, but simply to call witnesses as was usual in a murder charge. Ho proposed first to have read the depositions of tho chief witness, Elsie Davis, taken in the Public Hospital in the presence of Mr. \V. G. BiddeH. Mr. Stevenson: "I take objection to these depositions being read." Detective W. Murray proceeded to give evidence of the taking of the depositions, but Mr. Stovenson intimated that he would like to raise an objection, and the witness was stood down.

Mr. Stevenson: "The charge upon which these depositions were taken in the hospital was that Mrs. Novill did unlawfully use a certain instrument or other means upon Elsie Davis witli intent to procure a miscarriage. That is tho usual abortion charge. That was the charge upon which the depositions were taken, and upon which such crossexamination as there was was directed. It was quite clear that the circumstances under which the depositions were taken wore that they were taken with the Hospital as a Court. Thero was no suggestion that they were taken as dying depositions; in fact, that suggestion was negatived. ... No notices were given, and no procedure was gone through as is usual in dying depositions. I don't think that aspect of tho case will be disputed." Counsel said that the original information for abortion was laid on 20th July. On 28th July, the police asked leave to withdraw the abortion charge, and their next step was to substitute a chargp of murder. The abortion charge had been definitely "washed ' out," said counsel, but now thero was an entirely different charge, of murder, and the police proposed to use tho depositions in the murder charge. The point to be considered in an abortion charge, as suming the accused had used an instrument, was: whether she hah. used it with the intent to procure abortion; the actual result was immaterial. Another point, important in a murder charge, was as to whether Elsie Davis had used an instrument on herself, or whether she had gone to more than one person to complete the oporation. . . . Apparently, when Mrs. Davis went to tho Wellington Hospital, she was all right, for she was given permission to move to another hospital. Her movements thereafter were of tho utmost importance in a murder charge. EVIDENCE ADMITTED. Because the charge on -which the depositions wore taken was one of abortion, said Mr. Stevenson, no cross-exam-ination as to the nature of the instrument and other salient features of the case was made. All these were important points in a murder charge. Mr. Macassoy: "The real charge against the accused was that she, by an unlawful act, caused the death of Elsio Davis." Counsel said that the facts that were admissible on a charge of abortion would be •admissible on a murder charge and vice versa. There were really no material difference in . the two charges in such a case as tho present. The depositions were taken on the day before Mrs. Davis died.

Mr. Stevenson objected again to the inference that the depositions were dying depositions.

Mr. Maeassey: "It was known to Mr. Stevenson that Mrs. Davis was in a very desperate state of health, and he must have known that if she died there would be a chargo of murder. Therefore, he had sufficient opportunity for cross-examination."

, Mr. Page: "I propose to admit this ovidence, althougfil I have very grave doubts as to whether it is admissible on a charge' of murder. His Worship commented on the fact that counsel for the accused had been unable to quote any directly parallel cases. For that reason, although not only for that reason alone, he could not rofuse the application. He wanted to hoar the evidence, and would determine after hearing it whether he should send the accused to the Supremo Court on an indictable charge. Detective Murray said that at a ward at the hospital on 20th July, in the presence of the accused, deceased's depositions were'taken. Mr. Stevenson was present and cross-examined deceased. He had full opportunity to do so. He handed in the depositions to which tho objection had been raised. Detective Murray gave evidence of the taking of tho deceased's depositions at tho hospital before Mr. W. G. Riddel], S.M. Mrs. Davis was obviously very ill. Mr. Stovenson cross-examined the deceased and had full opportunity to do so. "Witness handed in tho depositions. THE DECEASED'S STATEMENT. In her statement, the deceased said that she visited the accused's house at 150, Queen's Drive, Lyall Bay, on 11th July, and had an operation performed on her by the accused. This operation was the cause of her illness. She had paid thp accused £20 for tho operation. Kenneth Macßean Stewart stated that he had known the deceased about oight or nino years. He went to her house at Hataitai on 10th July and later drove her to Lyall Bay. '' When wo got to the Queen's Drive," said witness, "she asked me to stop, and she turned back towards No. 150. She was away scarcely more than five minutes." MEDICAL EVIDENCE. Dr. Sidney Rivers Cattell said that he was called to Mrs. Davis at a very late hour Qn 13th July or 14th July. He examined her and found that she was about to have a miscarriage, and had a temperature of over 102. Ho ordered her immediate removal to tho hospital. Dr. John. Fenwick Forsyth, housesurgeon at tho Wellington Hospital, said that the deceased was admitted to tho institution at 3 a.m. on 14th July, sufforing from a septic miscarriage. Ho prescribed suitable treatment; and did not see her again. Dr. Bichard Bowden Martin, another house-surgeon at tho Wellington Hospital, said that the deceased progressed satisfactorily until 19th July, when she was transferred to a private hospital. She was readmitted to tho public hospital on the morning of 20th July, and died the following morning. ' 'NO MARKS OR WOUNDS. ' • Dr. P. P. Lynch, pathologist at the Wellington Hospital, gavo evidence that he conducted a post-mortem examination of the deceased on 21st Jnly. Death, in his opinion, was duo to peri-

tonitis, following a septic miscarriage. Thero were no marks or wounds of any instrument having been used on tho deceased.

To Mr. Macassey; If an instrument were skilfully used, thero would bo no marks. On the other hand, tho unskilful use of an instrument would leave marks.

Detective Frank Sinclair gave evidence that at C p.m. on 20th July, in company with Detective Murray, ho went to the house of the accused at 150, Queon's Drive, Lyall Bay. Detective Murray asked her if she was Mrs. Norill, and the accused said, "Yes." The accused denied that she knew Mrs. Davis, and although witness described tho appearance of Mrs. Davis, the accused said that she did not know her. She also said that she had been living in the house for two years. Witness then said that ho had a warrant for the arrest of a Mrs. Nevill, 150, Queen's Drive, and took her into custody. In the house they found a quantity of cotton-wool and a bank book, showing that large sums of money had been doposited from time to time.

Mr. Stevenson raised a formal objection to tho evidence regarding tho bank deposits.

Continuing, witness said that tho accused had £141 in her possession when arrested. Later, he escorted tho accused to the hospital, whore the deceased's depositions were taken.

Witness had known the accused for some time as Mrs. Wylie, and for that reason he examined her at some length as to her correct name.

Detective Murray gave corroborative evidence.

(Proceeding.^