MURDER CHARGE

Evening Post, Volume CXII, Issue 51, 28 August 1926, Page 19

MURDER CHARGE

SYSTEMATIC PRACTICE

ALLEGED

A WEEK'S ADJOURNMENT

ACCUSED RELEASED ON BAIL.

The charge against Elizabeth j Ann Nevill, alias Wylie, aged 49, of having murdered Elsie Davis, a married woman, at Wellington on or about 11th July, 1926, continued in the Magistrate's Court yesterday afternoon, and. was adjourned for a.week after the evidence of four additional witnesses had been; heard. Mr. E. Page, S.M., was on the Bench, Mr. P. S. K. Macassey conducted the prosecution, and Mr. J. F. B. Stevenson acted for the accused. Arthur Geoffrey Davis, the husband of the deceased, and a commercial j traveller by occupation, said that he was frequently away from home on account of his position. On Monday, 28th June, he left home for Nelson. On Sunday, 11th July, he spoke to the deceased on the telephone". Mr. Stevenson objected on the ground that the evidence of conversation between husband and wife w. ; not admissible. Mr. Page, . after consulting several authorities, ruled that the conversation was admissible as evidence.

"I spoke to her on the Sunday and she said she was not feeling well," said witness. "On the Monday I spoke to.her again, and she said she was not feeling at all well. I remarked that iit might be the 'flu, and she said that possibly it, was. She. asked me if ! I could come home, and I said th~t I would try. to come. home for the week-end, but"l was .afraid that I might not be able, to get away until the next week. In a subsequent telephonic conversation, witness learnt that she was worse, .and he left on the 14th July, arriving, back in Wellington the following morning. His wife was then in hospital. On 19th July, she was transferred, at her own request to a private hospital, but was returned to- the Public Kospital the following morning. , She died the next morning. • , . ■ AN ENVELOPE IN DISPUTE. Mr. Macassey: "When your wife was in hospital, did you'find anything in her purse?"—" Yes," "Was it this?"! holding up an envelope bearing the address, "150, Queeu's drive, Lyall Bay."—"Yes."_ Mr. Stevenson objected to the evidence. The document was written by somebody other than the accused, he said.

• Mr. Page: "I am afraid I must admit it. It is ' circumstantial evidence, Mr. Stevenson."

Mr. Stevenson: "Did she ever accuse Mrs. Nevillto you!"—" No."

Gwendoline Davies, who was employed as a companion to Mrs. Davis, said that on Sunday, 11th July, Mrs. Davis went out between 6.30 and 7 p.m. and returned about 8.30 p.m. "She appeared agitated," said witness, "and I asked her what was wrong. She said nothing was wrong with her." On | Monday, Mrs. Davis said she was not | feeling very well, and on Tuesday she got up after 8 a.m., saying that she felt ill. At 2 p.m. she • went to her room to lie down, and later in the aft3rnoon she said she thought she was getting the 'flu. Then, continued wit- j ness, she had a fainting fit, and afterwards she told witness that she thought she was going to have a miscarriage. Witness called in two neighbours, and later a doctor was summoned. EVIDENCE OBJECTED TO. A young.siu a . .voman, whose name was ordered to be suppressed, was the next witness for the prosecution. Mr. Stevenson asked what the witness was going ;to prove. Mr. Macassey: "I am going to prove that the abortions were systematic, and that the accused was a systematic abortionist." Mr. Stevenson objected on the

ground that the charge was one of murder, and not one of abortion. After further argument, Mr. Page held that the evidenw was admissible. PAID THE ACCUSED £25. Witness tostified to an operation which the accused performed upon her, and for which £25 was paid. After further evidence, Mr. Maeassey said that the prosecution proposed to call further witnesses, but as he had to go to Christchurch that evening ho was asking for a week's 1 adjournment. He asked also that the three charges of abortion against the I accused be adjourned to Friday next in the name of Wylie, alias Nevill, so that they could be heard after the murder charge had been dealt with. Mr. Stevenson asked for a renewal of bail, £.300 and two sureties of £150 each. Mr. Macassey said he thought that the bail was quite satisfactory, so long as the accused was ordered to continue reporting twice daily to the police. Both the adjourrment and the renewal of bail was granted.