DEATH OF MRS. MALCOLM NICCOL.

New Zealand Herald, Volume XL, Issue 12400, 13 October 1903, Page 6

DEATH OF MRS. MALCOLM NICCOL.

THE ADJOURNED INQUEST.

MEDICAL AND OTHER EVIDENCE.

[by tklegeapii.—special CORRESPONDENT.]

Wellington,.Monday. The inquest into the circumstances surrounding the death ;of Mrs. Malcolm Niccol was resumed to-day, before Mr. Jas. Ashcroft (coroner) and a jury. Mr. M. Myers appeared for the police, and Mr. Herdman watched the case on behalf of Mr. Niccol.

PROFESSIONAL. PRIVILEGE. Dr. Chappie, who gave evidence on Thursday last, was recalled, and a juryman asked if Mrs. Niccol mentioued to him that she wished to procure a miscarriage.

The witness said he did not want to answer that question on the ground of professional privilege.

The coroner, consulted the Act, and ruled that the question must be answered.

Dr. Chappie : Then I must refuse to answer the question on the ground of privilege.

Mr. Myers : What privilege"' Dr. Chappie : Professional secrecy. To my mind a professional confidence should not be revealed unless the highest Court rules that it must. I adhere to that unless I am overruled later on.

Mr. Myers i But meantime a grave injustice might be done. - Dr. Chappie again declined to answer the question, and the matter was deferred to give Mr. Myers time to look further into the law on the subject.

EVIDENCE OF DR. RUTMAN. Dr. Putman, the next witness, said he was called off the street 'to Mrs. Niccol's house on Wednesday, October 7. He was shown upstairs by Mrs. Winter. Mrs. Niccol was on the bed partly dressed. She had apparently just died. He satisfied himself she was dead, but made no further examination. He did not see any bloodstained cloth about the room. He asked Mrs. Winter what had caused death, and she said she had had lunch with Mrs. Niccol that day, that Mrs. Niccol was playing the piano alter lunch, and some time after complained of feeling unwell and laid down. The remainder of the story wa* rather mixed, but the effect of it was that Mrs. Niccol had fallen down, and that Mrs. Winter had lifted her up again with considerable difficulty. Mrs. Winter was a little confused. Witness was not able to form any opinion whatever as to the cause of death. When he left the house he went and informed the police of the occurrence. He returned to the house in about ten minutes, accompanied by another doctor. He made no further examination of the body. On the following day he made a post-mortem examination of the body, assisted by Dr. Henry. There was positive evidence to show that Mrs. Niccol died during the progress of a miscarriage, but no positive evidence of what led to the miscarriage. He noticed gas in the abdomenal veins, which might be significant, but might not. He could not express any opinion as to the cause of death until he got an analysis of the contents of the stomach, which would take a week. If the result of the analysis was negative that would only eliminate the possibility of poisons, and the cause of death could only be inferred by a process of exclusion.

. A SERVANTS STATEMENT. Ada Leeson, who was Mrs. Niccol's domestic servant, said a few weeks before Mrs;. Niccol died she began to talk about making baby clothes. On Wednesday, October 7, Mrs. Winter came to visit Mrs. Niccol. Witness did not know Mrs. Winter at the time. She had never heard of her, but the day before she knew that Mrs. Niccol was to'have a lady visitor to lunch. Witness went out as usual with the children after lunch, and was sent for when Mrs. Niccol became ill. Mrs. ; Winter said Mrs. Niccol had had a fit,'and asked witness if she had ever had one before.

MRS. WINTER'S EVIDENCE.- ";■ Mrs. Winter said her husband was a labourer. She had done some nursing, but gave it up some five months ago on account of ill-health. She had known. Mrs. Niccol for some months, but bad never been at her house before, though Mrs. Niccol had frequently asked her. She first met Mrs. Niccol in a tramoar. They were not introduced, but got into conversation. After that Mrs. Niccol and witness seemed to be meeting continually about the town. Mrs. Niccol had frequently been at witness' house, the last occasion being the Friday previous to her death. Prior to the day of her death witness did not know anything about Mrs. Niccol being pregnant, but Mrs. Niccol hud told her that Dr. Chappie said so, but judging from Mrs. Niccol's face witness thought the doctor was wrong. Witness could not remember any other visitors being "in her house while Mrs. Niccol was there, but on two occasions her ("Mrs. Winter's) husband was at home. On October 7 witness got to Mrs. Niccol's house about midday. She remarked that Mrs. Niccol was not looking w,ell. After lunch witness and Mrs. Niccol went into the drawing-room. Mrs. Niccol did not play the piano. They went upstairs to see some trimmings. Mrs. Niccol tried to be lively, but it seemed an effort to .her. After some time Mrs. Niccol said she was feeling ill. She called out to the little boy, who was in the back yard, to say that if anybody came to say mother was too ill to see them. She then lay down on the bed, and said she felt awful. She became quite faint. Witness went out of the room to look for a cloth to put on Mrs. Niccol's head, and as she was coming back she heard a thud, and the door slammed against her. She opened the door and found Mrs. Niccol on the floor twisting about. Witness loosened all her clothes, and after a struggle got her back into bed. Witness then went downstairs and got some whisky, and gave some to Mrs. Niccol, but could not say whether she swallowed it. Witness then ran downstairs and told Mrs. Niccol's daughter to run for a doctor. It did not occur to her then that Mrs. Niccol was dead. Mrs. Niccol never at any time spoke to witness on the question of procuring a miscarriage. The Coroner: Did you ever give Mrs. Niccol any medicine or drug? Witness: No; I never gave her anything more than a cup of tea. I never heard of her purchasing any drug or having any in her .possession. Ido not know of anything happening to Mi's. Niccol that could possibly account for what happened. At lunch we all partook of the same food.

A WISH. Dr. Chappie was subsequently recalled, and still indicated unwillingness to answer the question as to whether Mrs. Niccol had expressed to him a wish to procure a miscarriage.

Mr. Herdrnan said Mr. Niccol had no objection to Dr. Chappie stating anything he knew.

The question was again put to Dr. Capple, and he replied that as Mr. Myers had suggested that he was bound to answer the question, and with Mr. Niccol's permission, he would answer it. She did express that wish. The Coroner: On what occasion ?

Dr. Chappie: I think, about September 18. She suggested to me that she intended to have something done to procure a miscarriage.

the Coroner: Did she mention the name of any person whose assistance she would require ? Dr. Chappie : Am I bound to answer that? The Coroner: I think it must be a complete answer or none. Dr. Chappie: She did mention a name. She said she had been advised to go to Mrs. Winter, because she could do it with air' without pain, Mr. Myers: That, of course, is not evidence in any way against any person? The Coroner: What did you say? Dr. Chappie said he expressed his astonishment, and pointed out to Mrs. Niccol the danger to life of such a proceeding. The Coronei : Did you seem to move her? Dr. Chappie : She seemed perhaps a little ashamed. She made no further statement or promise, but when I called to see her boy on September 24 I had occasion to put the boy under chloroform, and while he was under chloroform Mrs. Niccol said regretfully, "This is a judgment on me. I will go on with it." 'those might be the exact words, but she meant that she would go on with her pregnancy, and that she would not carry out the intention she expressed to mo.

- *" o The Coroner: The words are a little

vague.'." ■ Dr.-'Chappie: It. was sufficient indication from her to me after what had passed. To Mr. Herdman: After the interview on the 18th she led him to believe she had abandoned the idea of procuring a miscarriage. He saw Mr. Niccol after the 24th, but he did not mention to him what Mrs. Niccol had said about procuring a miscarriage. " He.' did not thiuk it incumbent on him to do so. It was the first time he had seen Mr. Niccol, and it was after the conversation he had with with Mrs. Niccol when the boy was under chloroform. He had then come to the conclusion that she had abandoned that idea.; * To the Coroner: When Mrs. Winter called him on October 7 she told him that Mrs. Niccol was dead. Mrs. Winter called on him again, in the evening, and he crossquestioned her and took down her statement. It did u<st seem to throw much light on the matter. He did not ask her to call.

MRS. WINTER RECALLED. Mrs. Winter, on being recalled, said when Dr. Putman came and saw Mrs. Niccol, he said, "There is not much life here."

Mr. Myers: Dr. Chappie has given evidence just now that Airs. Niccol on or about September 18 told him that she had been advised to go to you for the purpose of procuring a miscarriage. Witness: I don't know how to procure it. I don't ' know anything about it. No one could advise her to do that.

• Mr. Myers: Did Mrs. Niccol come to you for that purpose? Witness: No.

Mr. Myers: Had you any conversation with her on the subject? Witness: Yes, during the first month of my acquaintance with her. She said, "If you were me what would you use?" and I replied I would not use anything. The Coroner: Did Mrs. Niccol ever pay you any money? Witness: No.

The Coroner: Did she ever promise to pay you anything? Witness : No, she had nothing to pay me for.

The Coroner: Why did you take so much interest in her condition?

Witness : She took more interest in mine. The Coroner: She was a comparative stranger to you?

Witness: No, we seemed as if we had known one another for years. We seemed as close as sisters.

The Coroner: You can give no reason for her talking to you about this business? Witness: It was a natural conversation.

CAUSE OF DEATH. Dr. Hendry said he assisted Dr. Putman at the post-mortem. Apart from the analysis of the stomach, not yet complete, he could not give an absolute opinion as to the cause of death. All the organs were healthy. Appearances were not inconsistent with death caused by the entry of air into the veins'. He could not suggest anything else that might be the cause of death. The gas or air which was present in the veins was either air put there through some foreign agency, or gas due to putrefactive changes. There was no evidence to show that a miscarriage had been procured by artificial means. If a miscarriage was caused by air being forced in, he would not expect to find any signs of the means used unless the air was found in the veins within three or four hours after death. In this case the post-mortem was 20 hours after death.

THE HUSBAND'S STATEMENT. Malcolm Niccol said his wife was 23 years of age. He left Wellington on Friday, October 2, intending to be away till the 11th. He knew Mrs. Niccol was pregnant. She told him in August. To Mr. Herdman: She never hinted to him anything about an intention to procure a miscarriage. He did not know anything about Mrs. Niccol's acquaintance with Mrs. Winter. Me had never seen Mrs. Winter till that day. She was a very unlikely person for Mrs. Niccol to be acquainted with. This concluded the evidence, with the exception of medical evidence on the result of the analysis, and the inquest was adjourned till next Monday.