ALLEGED ILLEGAL OPERATION.

Manawatu Standard, Volume XLI, Issue 8140, 22 November 1906, Page 5

ALLEGED ILLEGAL OPERATION.

ACCUSED BEFORE THE COURT

At tho S.M. Court to-day, before Mr A. D. Thomson, S.M., John Moughan (Mr Cooper) and Susan Cole (Mr Harden) were charged that on or about Jnlv. ISO 6, and subsequent thereto, they did cause bodily harm to one Agnes Moughan (nee Dawson), and from which the death of the said Agnes Moughan resulted, and, further, that the two accused, on the date mentioned, with intent to procure the miscarriage of the said Agnes Moughan, did unlawfully use an instrument upon Agnes Moughan, deceased. Mr H. S. Fitzherbert prosecuted. C. J. Hewlett, Clerk of the Court, produced the dying depositions cf the deceased, taken on the 6th inst. before Mr Thomson, S.M. There were also present Dr. O'Brien, Sergt. Stagpoole, the accused Moughan, i>urse Dender, and witness. Deceased was questioned by the S.M. In answer to the S.M., deceased said her name was Agnes Moughan, and that it was Dawson before she was married. She did not think she would get better. She alleged that a woman had tried an operation upon her, and that was how she suffered so. She alleged that Mrs Cole was the woman. Deponent did not know where the woman lived; she shifted about a lot. Deponent first saw Mrs Cole in Lombard Street, and subsequently Mrs Cole came to deponent's house in Cuba Street. Mrs Cole went out washing, etc. It was about five months ago; she used a catheter. She came to the house twice. It was deponent's own house. Mr Moughan boarded with deponent. Deponent had not seen Mrs Cole again. She did not pay. her anything. Deponent had known her before. There was nothing more to tell. Deponent described Mrs Cole's appearance —short and dark. Nothing was said as to payment. She had known for a long time deponent was in trouble. Mrs Cole did not say what she was doing the operation for. The first time was five months ago, and the second occasion a few nights after. A catheter was used each time. Nothing had since been done by anyone. Davy was the name of Cole's father. He lived in Nelson. Deponent had not done anything herself. Her illness commenced on Saturday week. After the depositions were read over to her, deceased said they were correct. The depositions were signed by those present in the room when they were taken. Prior to the depositions being read, Mr Cooper objected, on behalf of his client, to them being produced as evidence against Moughan, and a note was taken of the objection.

Cross-examined by Mr Cooper, witness said he had all tho questions and answers put to deceased. Dr. Wilson detailed the result of the post-mortem examination of the deceased, who, with the exception of the cause of her death —septic poisoning—was a perfectly healthy woman. Septic poisoning was induced through laceration of organs which witness detailed. There was considerable laceration, very irregular in shape, and putrid. The laceration extended into the cavity of the abdomen. A child had been taken from deceased a few days previously, but the use of the instruments by tlie doctors did not cause the laceration alluded to. Laceration was caused by the introduction of some hard, solid body such as an instrument. Much force would have been necessary to cause the injury, and was done by an unskilful person.

By Mr Harden : Tlie catheter used in July last did not cause the injuries that resulted in death. The injuries were of recent date, not more than fifteen days before death, and at least four or five days. By Mr Fitzherbert: A catheter used by an unskilful person could have caused the injuries. Elizabeth Carnes, a .J?* 1 "!. years, whose parents live in Feilding, said she had known Mrs Cole for 9 or 10 years. Witness also knew deceased as Agnes Smith. Had known her for about six months. Deceased was then living in David Street and shifted into Cuba Street. The accused Moughan lived with her. Witness was living with Mrs Cole at the time. The accused Cole had lived in four houses since witness knew her. Witness had visited deceased's house when Mrs Cole was there. The accused, Moughan, was also there, and let witness in. Before going to the house Cole told witness to get a bit of wire, and they both looked for a piece but could not find one. When they got to the house they (witness and accused, Cole) went into deceased's bedroom. She was in bed. Cole again sent witness for a bit of wire, and described the sort she wanted, but witness could not remember. Cole said she wanted the wire thicker than that used when making paper flowers, and a few inches long. She told witness she would get it at a bookseller's or tinsmith's, and gave witness 6d to buy it with. Witness could not get any wire; she did not go to a tinsmith because she had an idea what the wire was for. She went back to the house half an hour later and Avent into the bedroom. The two accused were there, and witness told Cole in a whisper she could not get the wire. Cole then asked witness to take the baby outside and stay out till she was called in again. Witness did so. When witness went away from the room the two accused were in it with deceased. The door was left open, and was shut by Cole. Witness was outside for fifteen minutes, and then heard screams from deceased's bedroom. It was a woman's scream, and witness thought it was deceased. Witness was in the yard for about two hours, and was then called in by Moughan. She went into the bedroom where Cole was also. Deceased was still in her nightdress, but was just going to get up. She stood up, but her legs were weak, and she went back to bed. Moughan subsequently told witness to say nothing to the police of what Cole did to his wife, and witness promised she woidd not. Cole did not come home till 11 o'clock that night, and returned to deceased's house next morning. She was there till the afternoon. Cole did not say anything to witness at that time, but a few' days before the show she had heard deceased was very ill. Witness inquired what was the matter with her, and Cole gave her version of it. Witness told Cole she should go and see her. Cole, it was alleged, said she did not like to because she (Cole) had been using something on her. Witness said it was her (Cole's) place to go and see deceased, but Cole did not reply. Detective Quirke took witness from Cole's house, and she had not been back since. Witness described an instrument of peculiar shape she had seen in Cole's bedroom prior to deceased's illness. Cole showed it to

witness and explained its use. Witness had not seen it again, and believed it was burnt. She had seen it thrown in the kitchen fire; this was three or four weeks after the occurrences at deceased's house.

A Chinese chop-stick, found at Cole's house, was produced in Court, and witness said the instrument she had seen in Cole's house was something like it. Examined by Mr Harden, Cole requested witness to look for tho piece of- wire before Moughan let them into the house.

Witness was examined at length by the S.M. on matters traversed in witness's evidence-in-chief.

Nurse Dender said deceased was admitted to her home on October 31. Witness detailed the state in which she found the deceased and where the lacerations were. The wounds from their nature witness concluded were caused by an inexperienced person, and were made perhaps by a catheter. Witness sent for doctors at once, and they confined deceased, who was also married, to the accused Moughan at witness's house on November sth. Witness asked accused to marry deceased, thinking it_ was the least he could do at the time. Death took place on the 7th November. Questioned by . Mr Cooper witness said the lacerations were quite recent, not more than a week.

Bv Mr Fity.herbert: She saw no other marks on deceased.

Sergti Stagpoole said he was present when deceased's depositions were taken. Moughan was present also. Witness was also present at the postmortem examination of the deceased.

Detective Quirke said he arrested Cole on November 6th. He told her the charge, and she said she had not spoken to deceased for six months, and had not seen her for that time. She was living in Campbell Street when she asked her (Cole) to put matters right. Deceased said Moughan would give £3 3s to get it done if she (Cole) would do it. She replied, " I can say honestly, and may I be struck dead, but I never gave her anything or did anything to her." Witness saw Moughan on the 10th instant. He made a statement which witness took down and Moughan signed it. Mrs Cole was not present. Moughan said that early in February, 1906, he went to board with Dawson, who had her child with her. In June of the same year deponent said he went to Pahiatua, Dannevirke, and Masterton, and did not return till about July 10th. When he returned Dawson complained of being ill, though she did not state the cause till two weeks after, when she said Mrs Cole had used something on her and ruined her. Deponent asked her to see a doctor, but she refused. About July 17th or 18th Cole called at the house as he (Moughan) was going out. On his return he asked deceased what Cole was doing then, and deceased said Cole was attending her for something wrong with her. • He offered to send for a doctor, but deceased again refused. Could not say if Cole called on later dates. As far as he knew Cole's last visit was about July 20th. During August, September, and October Dawson did not complain of illness till October 25th. About August Ist he knew Dawson was eiicient®, and that he was the father of the unborn child. On October 2oth Dawson said she intended to go to a nursing home in Wellington, as she expected to be confined on October 31st. He gave her £5. She left Palmerston on Friday, 26th October, and witness did not see lier again until 10.15 p.m. the next day. She was then fully dressed in the front room, and told deponent in answer to a question that she couldn't get a nurse in Wellington; they wouldn't take her in because they didn't know her. She had come back by the 9.20 train. She did not appear ill, and went to bed. Next morning she prepared breakfast, and then complained of feeling ill. Deponent advised deceased to go to a doctor, and he believed she saw Dr. O'Brien, who ordered her to the hospital. She could not be taken in and went to Nurse Dender's. Was present also when the depositions were taken. Deceased did not describe what it was alleged Cole had done, neither did she describe any of the instruments. It was a fortnight or less after Cole's last visit that deceased told him Cole had done something to her. Deponent said he had not the slightest idea where deceased went when she left the house on October 26th, and alleged she went to Wellington. On November 12th Moughan made another statement to witness. He said she told him when she returned from, Wellington on October 27tli that she had applied to the Salvation Army Home for admittance, but they wanted £12 from her. She also said she had applied to two or three nurses, but did not mentiou names. Deponent described the visit of a girl 'to the house, whom lie believed came from Cole. The day the girl called Cole was not with her. Subsequently Cole called again at the house by herself, and stood in deceased's bedroom. Deponent did not know how long she remained in the house. He had never seen Cole or a girl visiting the house. It was in August when deceased told him Cole had done something to her, and at the time he knew deceased was enciente. He did not ask her what Cole had done. Deponent did not like Cole, and did not want her to call at the house.

Witness gave further evidence generally bearing upon the .facts stated in the two statements. His evidence closed the case for the prosecution.

Each accused was committed for trial on the charge of using an instrument with intent to procure the miscarriage of deceased. Bail was refused in each instance.