SERIOUS CHARGE

Evening Post, Volume CXII, Issue 136, 6 December 1926, Page 10

SERIOUS CHARGE

USE OF INSTRUMENT ALLEGED

TRIAL OF MRS.' WYLIE.

A serious charge was made against Elizabeth Ann Wylie, alias Neyill, a married women, in the Supreme Court to-day, when she was charged with using a certain instrument or other means on Elsie Davis with intent to procure miscarriage. Mr. Justice Alpers was on the Bench, Mr. P. S. K. Macassey prosecuted, and Mr. T. M. Wilford, with him Mr. J. F. B. Stevenson, appeared for the accused. Robert Point-on was foreman of the jury. The Court was cleared. OBJECTION TO EVIDENCE. In opening, Mr. Macassey said that Mrs. Davis visited the deceased first on 3rd July on the advice of Dr. Jacobson. On lltli July at the accused's house at Lyall Bay, it was alleged, an instrument had been used on Mrs. Davis, who later died at the Wellington Hospital from peritonitis. Mr. Macassey stated that he would put in Mrs. Davis's depositions. Mr. Macassey proceeded to deal with .evidence that would be led to prove system, when Mr. Wilford raised an objection. Mr. Macassey submitted that evidence was admissible to prove that the accused was a professional abortionist. His Honour ruled that evidence was admissible to prove system. Mr. Macassey classified the accused as a menace to the community, and stated that one woman had died, and two other girls had had septic miscarriages, and were seriously ill. MRS. DAVIS'S DEPOSITIONS. Tho first witness was Detective Murray, who gave evidence of tho taking of depositions from Mrs. Davis as she lay seriously ill in the Wellington Hospital, in the presence of Mr. W. G. Riddell, I S.M., counsel for the accused, and others. Witness read the depositionsto tho deceased, who signed them. When Mr. Macassey proceeded to put in the depositions, Mr. Wilford objected to the evidenco on the ground that the depositions dealt with a charge relating to -sth July, while the accused was now charged with an offence relating to lltli July. Mr. Stevenson had had no opportunity to cross-examine Mrs Davis relative # to a charge of 11th July Mr. Macassey submitted that the date was immaterial, and that the depositions wero admissible, and his Honour ruled in his favour. Detective Murray read Mrs. Davis's _depositions, which stated that on Dr.; Jacobson's recommendation she went to Mrs. Wylie's place at Lyall Bay, where an instrument was used on her, and she paid Mrs. Nevill £20. To Mr. Wilford, Detective Murray j said he had no knowledge of any restoratives being given to Mrs. Davis I when tho depositions were taken. Witness was closely examined on technical terms used in tho depositions, which he said were Mrs. Davis's words. EVIDENCE OF DECEASED'S HUSBAND. Arthur Jeffery Davis, husband of Elsie Davis, stated that while he was in Nelson on 11th July ho had a conversation with his wife on the telephone, and learnt that she was not very well. Mr. Wilford objected to this evidence. To his Honour, the witness said he recognised the voice on the telephone as his ./if c 's. That was on a' Sunday, and as a consequence of telephoning to her on the following Wednesday he came home. On 24th July witness found an instrument in his wife's bed-' room, which he gave to Detective Sinclair. His wife-used to do bookkeeping privately for Dr. Pattie and Dr. Gibbs, for which* she was paid. To Mr. Wilford, witness said he was a traveller for a chomical firm which stocked certain instruments. Witness was on good terms with his wife when he went to Nelson. He did not know that his wife intended to bring about a miscarriage; he did not know that ■be was pregnant. His wife had had a previous miscarriage which had been brought about accidentally. The instrument produced was similar to those stocked by his firm. 'He discovered it when he removed a ledge on a wardrobe prior to shifting. He admitted that previously he had stated that he found the instrument when cleaning the bedroom. Witness said he saw his wife every day when lie came back, but she never told him that she had had a miscarriage. She knew that ho knew. His wife used to go out sometimes at night to work for Dr. Pattie and Dr. Gibbs. She had never mentioned the accused to him. (Proceeding.)