CASE OF SUPPOSED WIFEMURDER.

Evening Star, Issue 5171, 1 October 1879, Page 2

CASE OF SUPPOSED WIFEMURDER.

THE INQUEST. in inqueet was held at the Hoipital at one o'clock this afternoon, before Mr Hooken, dis» triot coroner, and a jury of twelve, of whom Mr Yates was choiien foreman, on the body of Kllen Smith, who died on Suuday evening from supposed injuries reoeivod by her in an assault committed on her by her husband. Superintendent Weldon watched the proceedings on b-half of the police. The prisoner Smith was prcaont in charge of a war.ler of the gaol Andre▼ M'Kenzie deposed: I am a bootmaker, living at Heriot row. Toe deceased, Ann bmith, was my step-daughter, bhe waa thirty-seven at the time of her death, a native of Forren, Scotland. She was married to James Smith, a tailor, wa* a Presbyterian by religious persua-ion, and had been living with me and her mother for the last three months in eon«oquence of her husband's ill-treatment. They have been married about nineteen years. The deceased left my house about nix o'cLck on Saturday night last to get some money from Smith. She was allowed five shillings per week for the support of each of her three ehildron. This mainie nance was an allowance made under an order. I advised her not to go out, as she had been complaining all that day of tae cold, and a shivering. I was well aware she would not get any money, as she could never get anything from him »nd her husband was several pounds in default. She waa quite sober when she left my place. The nest thing 1 know of her was that at one o'clock on Sunday morning last she waa driven to my home ia a cab I wa* sitting up w iting for her. I had her oftrried in and laid on a bed. She cmplained that her leg was broke and she eonld not walk on it. I asked her how that happened. She said bmith kicked her. I said " 1A& he kiok you more than onoo?" She replied " Tes, ho kicked mo twice." I asked her if he had hurt hor in any other part of the body and the replied "No." I looked at hor leg and found it greatly swollen. Hor bonnet was off, and so was the boot of hor left log. I bathed her leg with hot water. She teemed quite sober, and went to sleep, not waking until tive'o'clook. She told me that iho had been tryiDg to get.the from him and that all she eould get was 9s, although he had plenty of money. She brought away the 9s and paid the o,tbm»n 7* 6d eut of it, She said that after he (HmHh) had given her the kiok and she fell he called for a policeman to take her away because she was drunk. The Ooroner : Unfortunately there was no dying depositioi taken, and ndwever trifling these oouvonatioiiß may seem to you it is most important they should be fully given. Witness : She told me it waa close to Smith's door on the street that he kioked her. I asked her if any policeman came, and the said that there wer'u three or four, but they would not take her because they said she was not drunk. I asked her about what time of night it happened, but she could not tall mo On waking •it five on Sunday morning she complained of continued pain in her leg. I renewed the banning and then w. Nt to fetch her mother. She appeared all right then, exceptiag a great thirst fo-wver. I went for her mother about one o'clock in the afternoon, and on returning I found her in fits. She seemed to twifcoh all over; her body was very much swollen about the seok and frothod blood and saliva came from her mi uth i wont for Dr Maunsell on seeing her condition and, on arriving, he ordered her removal to the Hospital. She was not o onscioui from one o'clock in th« afternoon until removed to the Hospital. While with him the deceased had been temperate. Heury Winne Maunsell, duly registered medical practitioner, practising in Ounedin : On Sunday afternoon last I was called to tee the deceased, residing at Mr M'Kenzie's house, Heriot row, When I arrived there I found her completely insensible—in foot in a comatose condition. I'orh bouea of the right leg were fractured just above the knee, (ua« the limb was very much contused and swollen as far as the kne'o. There was a contusion on the inside of the left arm ; her head and face were swollen and livid. I net the limb and advised her removal to the Hospital, as they did not seem to have proper accommodation for her where she was. I considered her in a dangerous condition. £he was quite insensible and «wuld not have m<de any deposition. I did not see her alive after that. I have made a post mortem examination of the body. Externally the injuries were as I have stated. On lifting the so&lp I found a slight contusion and extravasation on the left ■!de of her head. On lifting the skull-eap I found the brain congested, and there was considerable effusion—watery mat'or pressing on the brain. I examined all the ether organs; they were remarkably hoalthy with the eueption of the kidney*, which were slightly congested.. I considered the cause of death to have been convulsions, brought on by the injuries received, mainly ths iujary to the right leg, whioh would induce nervouß excitement. I should jndge that the fracture was caused by direct violence, and not by a simple fall. [At the Coroner's suggestion the witness here again txarnined the body.] On returning he said i I also noticed above tho fracture a distinct mark, though not abrasion—more like a streak—as if eaused by tome hard substanoe glaneing off the limb. It would have to be a very violent kick with a very hoary boot to cause suoh iaj aries. They may have been oaused by a form, a chair, or any hard substance The only point I w u u'd be oertaia about i» that they were ouused by direct violence. I>y this I mean application by some hard body coming, in contact with the limb olose to the seat of "fracture. I h».d no suspicion of poison. I particularly examined the stomach, but fcund not the slightest trace of ulc.hol

By the Jury : Immediately oa arrival at M 'Kendo's hou«e thoy told me the had been brutally ill-treatod. A Juror : I wißh to know for my own iuformation whether, under such circumstances as these, it 1b the duty of a medical man to give information to the police, or to cause information to be given ? Witness : I don't think so. I gave an order for her admission to the Hospital. Had I thought the Injuries would have proved immediately fatal 1 nrght have suggested tuoh a oourse.

Ke examined : I don't think the injuries could have been caused by a fall downstairs or by a fall on the kerb-stone.

James Hugh Smith : I work at Qunn and RoWs, ironmongers. The deceased was my mother. On last Saturday night about six o'clock mother said the was gAug down to meet father and tee and get some money. She asked me if t would oome with her, aud Mr M'Kenzie said "'Oh, yes: he'll ko." I went with her as far as | Mr M'Kenzie's gate, and then told her I did not think iho was fit to go. She was shivering awful, aud Beemed to be very cold She drew up her shawl, clo»e round her neck. She raid "Oome on ; I want to get there before he gets oat from hi» tea " I went with her a little further, and she seemed to get worse—to shiver more. She complained of no pain, but said she did not seem very well. I went back to M'Kenze and taid I thought she should not go. He advised me to go with her, and as I got to the British Hotel I saw her turn tha Hanover street ohuroh corner. As I got to Stokers door I saw mother go into the gate and to the door of the house where father lived. I remained in case anything went wrong—that she was taken ill. Father came out and seemed %i *peak a word or two to her and then stepped ba.ok. I think he did this three times. He then went intlde aud shut the door. Mother then went to the fr u nt windows and loekod in

at them I saw some young lady in dark clothe* go into the house from the street. Mother was then looking through one ft tne window*. Someone then took a light into one of the rooms and pulled down the blind. Then father came out and walked along the t-treet with the deoaied. I heard father talking pretty loud. They walked along to near .Albany street, oroaied the road, and went into Scaniaa'n Hotel, stopping there n« arly five minutes. In tho meantime I crossed the street. ** th *J met someone at the door, and mother stood about ten yards off, waiting for him. They then went along Albany street into George • ,tr ® et « and. it being so dark, I missed them there, but •gain came on them opposite Knox Church. They went up Pitt street towards home, (topping talking on the road, and, thinking they were ooming on, I went home. Mr M'Kenz'e called me shortly after one o clock next morning. Mother was thea lying on a couch. She said that he (meaning father) had kioked her, and thai her leg was sore. She slept until five •'olook. She was then very thirsty, and wanted water. She was eontinually drnk* ing water until about two o'clook in the after* noon. She was sensible up to this tim«, when •he took the ftr»t fit. Mother said father oould not wear anything but slippers. Father used to ill-treat mother when there was drink about the house. Mother used to drink too. mostly beer. By the Ju;y : My reason for not cowing to join my parents In King street was that 1 did not like to speak to father. He never used to beat me. I sided with mother. Edward Smith, seven years old, who was not sworn, said: I live at Mr M'Kenrie's. The deoeased was my mother. When my brother oame home on Saturday night he atked me to go and see if father, was ooming | home with mother. I went down Pitt street and saw them near Knox Church. They | were going along George street, and then cam" up Pitt street. I went up to them. They went to Mr M'Kenzie's gate, and then went away. When they got to the boarding-house where father boards, mother said " Smith, give me some more money; you did not give it me all." He said " That is oaough. I have given you too much money," and knooked her on the back and kioked her on the leg. Mother then tried to get up, but could not. Mother told a "bobby" who oame up that if she oould walk she would go home. Tho policeman helped her up, but sbe oould not walk, and they went away then. I got a c*b and took her horns. After father kicked mother he stood and looW at her. He only kicked her once On the way down to father's lodgings we went into the White Horse Hotel, and while there father had three drops of brandy, and mother two glasses of beer. My father had his slippers oa when he went inside the gate, and when he kioked mother. He did not strike her. Father got the brandy in throe teparate public houses. Kuth Broad : On Saturday n'ght last, between half-past teven and o'oloek, I saw the deceased sitting insido th> feces of a house in King street She oomolaiced of her ankle, and said that her husbat<d had kicked her. A gentleman, who I took to be her husband, was standing beside her with a little boy. This gentleman said "111 take a cab and get you home to your stepfather's." hhe tried to rlie, but could not. She moaned greatly. Neither appeared to mo to be the worse of drink. When I passed again at one o'olock in the morning she wai lying on the pavement, about fifty yards nearer the Baptist Church than when I fir«t saw her. She had her shoe and stocking off, and the ancle was very much swollen. Her husb&nd was standing by,, but said nothing. He seemed quite sober, and so d d the. A little boy was standing by her side, 1 advised her to go to the Hospital seeing that she was in great pain, but she oould not be permaded to go there, as ihe said she did not like to be part- d from her children. A cab was fetched, and the deceased seemed as though she were going to faint from exhau tion. My house is betwoen the Hanover street Church and where the husband lodged.

John Walmtley, carpenter, living ia Kitg street: Ai I was passing by the home when Smith iv u lodging about nine o'clock on SaVrday night I taw his wife lying down against the door-step She was erying out " Oh, dear me " and moaning. I did not tee Smith. I pasted on, thinking she was drunk. On ooming baok again at ten minute* past twelve Bhe wa» out on the street on the footpath, about fifteen yards from where I first saw her. Mrs Spears, who was with me, asked her what she waa doing there. She laid that her leg was broken, her hatband haviugkioked her. I asked where her hutband was. She pointed Smith out I told him that it was a shame for him to allow kis wife to be lying there in the state she was, and asked him to get hor away. He said that he would not trouble himself anything more about her. Mr Spear* and I went to letch a barrow to tave hor to the hospital. We lifted her into the barrow. She cried not to be taken to the hospital, saying she preferred to be taken home. We wanted her hu bind to take her home, but he would have nothing to do with her. The boy tbeu went for a oab. I lifted her into it, and, while doing so, she screamed very much in eontequetce of the pain. Smith had slippers on not boot*. When she raid he had kicked her he denied it, saying that she was trying to damage his character and make him look blacker than he really was. At ten minutes past twelve the deceased was perfectly sober; there was no sign of drink on her. I looked at her leg, and it seemed very much swollen. I thought her ancle w*s dislocated, the bone seemed to be out of place. When she spoke about hit kicking her bhe said that he owed hi r IA 10s, and had only given htr nine shillings, and that when she asked for more he kicked her.

Susan Pearson: I keep a boarding-house ia Great King street, at which Mr Smith lodges. This witaess was under examination at 4.80.