GIRL'S DEATH

Evening Post, Volume CXVIII, Issue 34, 9 August 1934, Page 21

GIRL'S DEATH

MANSLAUGHTER CHARGE

USE OF INSTRUMENT

ALLEGED

Tho hearing- of the -charge against j Clara Nicholson, alias Naylor, a married woman, aged 52, of unlawfully using an instrument with intent to proeuro a miscarriage, thus causing tho death of a young woman, thcreLy committing manslaughter, was commeuccd in tho Magistrate's Court yesterday afternoon before Mr. E. Page, S.M. Detective-Sergeant Revoll represented the police, and Mr. J. Meltzer appeared for the accused. . Mr. C. A. L. Treadwell watched tlio proceedings on behalf of. the mother of the deceased, and Mr. W. E. Leicester on behalf of two of the principal witnesses, John W. A. Tubert a:id Elizabeth M. Metiralf. On tho application of Mr. Treadwcll, the Magistrato made an order suppressing tho publication of tho uames of tlie deceased and her mother. ' Mr. Leicester made a. similar application in respect of his two clients, and the matter was held over until they had given evidence, when tho Magistrate refused to make an order. Giving evidence, the mother of the deceased said that her daughter, who was 18 years of ago, died .on July 1 at tho Brougham Street Hospital. Her daughter was very fond of skating, and frequented the Glide Skating Rink for about a year. About May 17 witness discovered her daughter was in a certain condition and that Tubert was responsible. Tubert called witness's house, and later she had a. visit from a Miss Metcalf. Her daughter went to a nursing home at. Lyall Bay on June 12 with Tubert and Miss Metcalf. "She remained in tho home for a week, and when she returned to her own home she was very ill. Witness called in Dr. Bowerbank, who called in Dr. Kemp, and her daughter was removed to the Brougham Street Hospital. Her condition improved slightly after entoring the hospital, but sho became worse, and died on July 1. To Mr. Meltzer, witness said that Miss Metcalf visited her on Juno 8, and that was the first time she had met her. Witness knew, when her daughter left homo on Juno --12, that she was going to a nursing home. It was by her wish and with her consent that sho did so, the object being that she would be in the hands of a -trained nurse. Tubcrt matlo tho arrangements for sending her daughter to a homo. Witness did not know where the home was. A CAR TRIP. John William Albort Tubert, a married man with two children, said he was the proprietor of tho Glide Skating Kink in Wakeiicld Street. Ho resided there with his wife and family. Witness first became acquainted with tho deceased about twelve months ago, when sho visited tho rink. Ho was in the habit of visiting her at her home, and ho also went motoring with her. In April last witness and the deceased went for a drive to Silverstream, where intimacy took place. Intimacy took place on two occasions only. Witness learnt that ths deceased was in a certain condition some time in May, and ho procured some medicine and pills for her. Theso had no effect. On tho evening of June 8, in company with tho deceased, witness met Miss Metcalf, who intended taking the deceased to somo place to get her out of her trouble. On the way to tho place by car witness gave £5 to Miss Metcalf. Ho was not quito 'sure of the amoiint. He had no idea where they were going, but near tho golf links at Berhamporo Miss Motcalf and the deceased loft tho ear and crossed the road. Ho did not know whe*e they went. They were away about ten minutes. Witness saw tho deceased again on Juno 10, and on Juno 12 he made arrangements for her to go to a nursing homo at Lyall Bay. Ho visited the deceased every . day when she was in the home. Cross-examined, witness said that it . was arranged between tho deceased, ' her mother, and himself that something | would have to bo done to get tho de- ' ceased out of her trouble. At this stago Miss Metcalf knew nothing about the arrangement. Tho deceased was ] riot taken to teh nursing home in Lyall Bay for toll purpose of having a mis- £ carriage procured. Sho-was to remain • thero for tho purpose of recovery. s MONEY HANDED OVER. Elizabeth May Metcalf, a single woman, aged 21, said sho knew the deceased, but not very well. On June 8, in company with tho deceased and \ Tubert, witness , went to a house in the direction of Island Bay. On the I way out Tubert gave her £4. Witness J and tho deceased went to a house, and she presumed it was Mrs. Naylor who j; answered tho door. As far as sho could } remember, the accused was tho same person. She was not definitely sure, however. Witness asked the . woman if sho could "fix the girl up" and the , woman replied . "Yes/ Witness went into one room and the:woman and the deceased went; into : a room opposite. t Tho decased's name was not given to the woman. On being asked how j, much her fee was, tho woman said &5. ,' Witness said that tho, girl had only ? £4 and the woman accepted it. Witness asked thd woman if tho girl would be all right, and the answer was "Yes." On June 10, in company \vith the deceased, witness again visited the place in Island Bay.. Witness told the woman it was "awful having to come w out again," and asked if it would be ti all right this time, and tho woman said si it would.

At this stage the proceedings were adjourned until today.