CHARGE OF ATTEMPTED WIFE-MURDER.

New Zealand Herald, Volume XXXVIII, Issue 11692, 29 June 1901, Page 3

CHARGE OF ATTEMPTED WIFE-MURDER.

THE ARDMORE CASE. \ EMIL BERGER BEFORE THE COURT. ALLEGED ACONITE POISONING. . THE WIFE'S EVIDENCE. The man Emil Berger, who was remanded from last Friday on a charge of having,, on the sth inst., at Ardmore, near Papakura, attempted to murder bis wife, Adelaide Berger, by administering poison to her,, was again brought before the Police Court yesterday afternoon. Mr. J. A. Tole, Crown Prosecutor, appeared on behalf of the police, and Mr. Brookfield appeared for the defence. MR. TOLE'S OPENING ADDRESS. Mr. Tole, in opening the cane, said the accused was recently employed as a cook in the Criterion Hotel, Auckland. The accused was married in July last, and he and his wife, who had been a widow with two children, eventual]}' went to live at Papakura, where they were residing up to the ill leged attempt to murder. Mr. Tole went on to say that the evidence would indioato that tho two had for some time lived happily together, with tho exception that accused, it was stated, had taken a, dislike to the youngest child, and on several occasions accused had threatened to " do away" with the child. A few weeks had elapsed, when accused was the recipient of a letter from a party in Fiji, askiug anxiously win lie (accused) was coming down to marry a girl named "Rose." He got a subsequent letter, which contained words similar to those of the provicus letter. The accused then submitted tho letters to his wife, ana askci her what he was going to do in the matter. His wife replied, stating that ho could do as he wished, and that if she had know,?} previously that he had been fond of another girl she would not have married him. Unhappiness then set in, and the accused altogether appeared indifferent to his wife. Subsequently the accused purchased a bottle of medicine, and administered some of the poison to a cat, with the intention of experimenting on tho animal. The cat died on tho following day. On May 29 his wife became ill, and was confined to her room. Accused then gave her medicines, which afflicted her whole system considerably. The medicine instead of relieving her, seemed to make her worse, and she then accused her husband of poisoning her, and threatened to s-snd for a doctor and the police, which she (I d. The doctor on examining Mrs. Berger found that she was suffering from aconite poisoning. Berger was then arrested Tho accusod had purchased two bottles of . the mixture, and had thrown one away, while the contents of the other bottle had been analysed by Mr. Pond (colonial analyst), and the analysis proved that the mixture contained a largo proportion of aconite. MRS. BERGER'S STATEMENT. The first witness called was Adelaide Ber-

ger (wifo of the accused), who deposed that j she was a widow before she married Jierger, |: and had two children. Soon after they were married, the accused took a dislike to the youngest child, and made proposals to "do away" with the child, but the proposals wore not carried into effect. Subsequently her husband had never act? I in a sociable manner towards her, and spoke to her infrequently. A GIRL NAMED ROSE. In September last year her husband received a letter from a person in Fiji, concerning a girl "Rose." The accused seemed much worried about the letter, and at witnesses' request accused read it. As far as witness remembered, it was as follows: — "Dear Emil, —We received your lettor and photos. Rose accepts you. I hope you will come down to Fiji at Christmas time, and go straight to the Registry Offio*. and marry Rose." Witness could not remember _ any tiling further, only it mentioned something; about whether he had enough money to keep Rose with. Accused then asked witness what he was going to do in the matter. Witness told him to do what he wished. Then accused said to witness that he would like to go to Fiji for a month, but did not go. At accused's request witness replied to the letter in French,' telling the party in Fiji that accused was already married. "Witness signed her own name to the. letter. , ANOTHER LETTER. After this accused received another letter from Fiji similar to the previous one. To j thi.s one accused replied, and at the request of witness that accused should read his reply to witness he commenced to read his letter, but stopped after reading several linos. As far as witness could remember, the few lines that he read ran thus: "I am tied to a string, and I hope it won't upsetfEose." Witness was underfed during the time she lived with Bergcr. Accused wa* a, vegetarian, and they lived on barley, maize, and some broad that accused made himself. Witness was " simply starved," and consequently became ill, and at accused's request she remained in bed several days.

THE MEDICINE. _ Accused asked witness to take some medicine out of a bottle. Witness refused to take the medicine, and accused said, " I'm boss, and you'll have to take it." Witness did not take the medicine, as she felt so weak. Accused received the bottle of medicine from a Mr. Worball. The bottle had a label on a tap on the top of the bottle, and it stated that the user should "be careful." Accused gave some of the medicine which he had asked witness to take to a at, mixed in some milk. " Accused baid to witness before giving the milk which contained the medicine to the cat, that if she (the cat) was in bad health the animal would die. Accused gave, the milk to the cat on an afternoon, and the animal died on the following morning. On May 19 witness was feeling unwell, and at the request remained in bed. Accused then prescribed for her. " VEGETARIANS REQUIRE NO DOCTORS." Witness asked accused to call in a doctor, and accused^ said, "Vegetarians require no doctors, ' aiiu he then gave her some medicine three times a day. After witness had taken tho first dose she fainted. When she gained consciousness she (witness) was in great aftony, and her bones and every portion of her body pained her. Accused then discontinued giving witness medicine, and she recovered somewhat. On June 1 witness became unwell again, and accused said, "Like a good girl, take this medicine, and you'll' be all right." The medicine seorned different to the other medicine which she had previously taken. Witness took the medicine, and the effect was terrible. Witness thought her whole body was paralysed. Accused said the medicine would clear her system. Witness could not speak, as she could not move her tongue. Witness became alarmed, and sent for a neighbour (Mrs. McGuire), who gave her some hot milk and something else j 0 cc l l ' noti remember. It was on a. Sunday Mrs. McGuire came in, and witness then recovered a little. Accused afterwards discontinued giving witness the medicine until Ihursday, .Tune 5. Accused on that date gavo witness some more medicine, which was similar to that which witness had previously taken. 1 POLICE AND DOCTOR SENT FOR. The medicine affected witness' system similarly. Witness then threatened to send for the police and a doctor. This she did. Accused Men left the house, and went to witness' sister, remaining away some time. Shortly alter accused returned, a constable and doctor came to the house. The doctor asked accused if he had been giving the witness any medicine, and the accused replied no. Accused then persisted that he did not want a doctor, as lie (accused) had his own, medicine. ihe police then discovered a bottle of medicine on a shelf, and showed it to accused, and he replied. "Don't blame me if it is wrong." Subsequently tho accused was arrested. THE CROSS-EXAMINATION. Cross-examined by Mr. Brookfield, witness said accused studied some pamphlet's before sending for the medicine. Accused told witness that he had a cold, and that was why ho was sending for a medicine. Accused did not appear to have a cold. Before giv- | ing witness the medicine, the accused said j he had taken some of tho medioine himself. j Witness did not seo accused take any of the medicine. _ Accused mixed the medicine with a drink, and then gave lit to witness. At this stage His Worship adjourned the case till ten o'clock this morning.