CHARGE OF MURDER.

New Zealand Herald, Volume LXIII, Issue 19418, 28 August 1926, Page 14

CHARGE OF MURDER.

DEATH OF MARRIED WOMAN. PROSECUTION OF MRS. WYLIE UNLAWFUL ACT ALLEGED. EVIDENCE NOT COMPLETED. [by telegraph.—press association.] WELLINGTON. Friday. The charge against. Elizabeth Ann Nevill, of having murdered Elsie Davis, a married woman, at Wellington, on or about July 11, 1026, was proceeded with in . the Police Court this, morning. The Court was cleared. Mr. E. Page, S.M., was on the Bench, Mr. P. S. K. Macassey, Crown solicitor, prosecuted, and Mr. J. F. B. Stevenson appeared for accused, j Mr. Macassey ' said he desired to amend the information in the name of "Wylie," which was Mrs. NcviU's correct name. The amendment was accordingly made. Mr Macassey said he proposed first to have read the depositions of the chief witness, ElsieDDavi t taken in the public hospital, in the presence of Mr. W. G. Riddell, S.M. Mr. Stevenson: I take objection to these depositions being read. Detective W. Murray proceeded to give evidence of the taking of the depositions but Mr. Stevenson intimated that he would like to raise an objection and witness was stood down. Mr. Stgvenson said the charge upon which these depositions were taken in the hospital was that Mrs. Nevill did unlawfully use a certain instrument or other means upon Elsie Davis with intent to proc ire a miscarriage. That was the usual abortion charge and that was the charge upon which the depositions were taken and upon which such crossexamination as there was was directed. Alteration of Charge. Ho said the original information for abortion was laid on July 20. On July 28 the police asked leave to withdraw the abortion: charge and their next step was to substitute a charge of murder. The abortion charge had been definitely dropped, but now there was an entirely different charge of murder and the police proposed to pse the depositions in the murder charge. Counsel said the point to be considered in an abortion charge, assuming accused had used an instrument,- was whether she had used it with intent to procure abortion. The actual result was immaterial. Another point important in a murder charge was whether Elsie Davis had used an instrument on herself or whether she had gone to more than cne person to complete the operation. Apparently, when Mrs. Davis, went to the Wellington .Hospital she was all right for she was given permission Ho move to another hospital./ Her movements thereafter were of the utmost importance in a murder charge, because the charge on which the depositions were taken was one of abortion. No cross-examination as to the nature of the instrument and other salient features.,of the .case was made. All these were. important points in a murder charge. Mr. tMaCassey. fsatd the ' real charge against accused was that she, by an unlawful act, caused the death of Elsie Davis. Counsel said the facts that were admissible on a charge of abortion would be admissible on a murder charge and vice versa. There was really no material difference in the two charges in such a case as the present.' • The. depositions were taken on I the day before Mrs. Davis died,- rAdmission ot Evidence. Mr. Page: 1 propose to admit this evidence,, although I have ygry, grave doubts as to whether it is admissible on the oharge of murder. 1 want 'to hear the' evidence and I will determine after hearing it whether I should send accused to the Supreme Court on an indictable charge. Detective Murray gave evidence of the taking of the deceased's depositions at the hospital before Mr. W. G. Riddell, S.M. Mrs. Davis was obviously very ill. Mr. Stevenson cross-examined the deceased and had full opportunity to do so. In her statement deceased said she Visited accused's house at 156, Queen's Drive/ Lyall Bay on July 11, and liad an operation performed on her by accused. This operation was the cause of her illness. She had paid accused £2O for the operation. • Kenneth Macßean Stewart stated he had known deceased jabout eight j>r nine years." He Went to. her house at natait'ai on July 10 and later drove her to Lyall Bay. " When we got to Queen's Drive," said witness, '" she asked me to stop and she turned back toward No. 150. She was away scarcely more than five minutes;"' Dr. Sidney Rivers Cattoll said he was called to Mrsl Davis at a very late hour on July 13 or July 14. He exam--inecl'her and found that she was about to have a -miscarriage and had a temperature of over 102. He ordered her immediate removal to the hospital. Evidence of Doctors. Di'i John Fenwick Forsyth, house surgeon at the Wellington Hospital, said deceased was admitted to the institution at 3 a.m. on July 14 suffering from a septic miscarriage. He prescribed suitable treatment and did not see her again. Dr. Richard B.owdan Martin, another house surgeon at the Wellington Hospital, said deceased progressed satisfacUy until July 19, when she was transferred to a private hospital. She was readmitted to tho public hospital on the morning of July 20 and died the following morning. Dr. P.. P. Lynch, pathologist at the Wellington Hospital, gave evidence that he conducted a post-mortem examination of deceased on July 21. Death in his opinion was due to peritonitis, following a septic miscarriage. There were no marks or wounds of any instrument having been used on the deceased. To Mr. Macassey: If an instrument were skilfully used there would be no marks. On the other hand the unskilful use of an instrument would leave marks. Detective Sinclair gave evidence that at 6 p.m. on July 20 in company with Detective Murray he went to the house of the accused at 150, Queen's Drive, Lyall Bay. Detective Murray asked her if she was Mrs. Nevill aiid accused said "yes." .Accused denied that she knew Mrs. Davis and although witness described tho appearance <of Mrs. Davis accused said that she,. did ..not know.. hp.n She also said she had been, living in tho house for two years. Witness then said he had a warrant for the arrest of a Mrs. Nevill, 150, Queen's Drive, and took her into custody. In the house they found a quantity of cotton wool arid a bank book showing that large, sums. of money had been deposited from' time to time. Mr. Stevenson raised formal objection to the evidence regarding the bank deposits. Continuing, witness said accused had £l4l in her possession when arrested. Later he escorted accused to the hospital, where deceased's depositions were taken. Witness had known accused for some time as Mrs. Wylie and for that reason he examined. her at some length as to her correct name. The further hearing of the case was adjourned until Friday. Accused was liberated on bail, self at £3OO and two sureties of £1,50 each.