CHANGE OF MURDER.

New Zealand Herald, Volume LXVI, Issue 20405, 6 November 1929, Page 14

CHANGE OF MURDER.

YOUNG WOMAN'S DEATH.

ILLEGAL PRACTICE A'.LLEGED.

CASE "FUNDAMENTALLY JJiVEAK."

JURY'S PROMPT ACQUIITAL.

As a result of the death of Amelia .Mary Gertrude Pipe, aged 23, single, who -died in tho Waihi Hospital on July 26, Ad'dlino Pyle, widow, middle-aged, appeared before Mr. Justice Herdman in tho Supreamo Court yesterday, to answer a charge pf murder. Mr. ITubblo conducted the prosecution, and Mr. Singer defended the accused, who was charged with unlawfully using an instrument to procure miscarriage, and thereby causing death. In summing up His Honor drew attention to a fundamental weakness in tho Crown caso, and the jury speedily returned a verdict of acquittal. Mr. Hubble said that the charge of murder was a special one under a clause which made it murder to commit an act which ono knew, or ought to have known, was likely to cause death. The jury might, if it thought fit, bring in a verdict of manslaughter on this charge. Miss Pipe left her homo in Waihi for Auckland on Juno 17, returning again on June 29. Sho became ill after returning, entered tho Waihi Hospital on July 18, and died there on July 26. Evidenco would be given by Mrs. Doris Jarvis, of Otahuhu, who introduced the young woman to accused and accompanied her to accused's house in Ponsonby Road, and by a sister of deceased, who also accompanied her to accused's house. Medical evidence would prove beyond doubt that there had been a miscarriage, followed by septicaemia.

Detectives Find Letter. At accused's rooms the detectives found a letter from the deceased to accused. A reply to this from accused was found at Waihi. Accused made a statement to the detectives, explaining that the young woman had had an operation performed on her before she went to see her. She prescribed for her and gave her a hotwatcr bottlo out of generosity, although she had never seen her before. In a dying declaration Miss Pipe refused to name tho man with whom she had been going, and said that accused gave her advice but performed no operation. Dr. J. M. M. Cole, medical superintendent of the Waihi Hospital, described Miss Pipe as having suffered from severe septicaemia, which he had very little doubt had originated from a neglected miscarriage. After her death a postmortem examination was made by witness and Dr. T. G. Short. It was practically certain that the death was not due to natural causes.

Corroborative evidence.was given by Dr. T. G. Short.

Herbert Alfred Pipe, miner, father of the deceased, said that his daughter appeared to be ill when she returned from Auckland at the end of Juno. While she was ill she received a letter from Auckland, signed "Mrs. Pyle."

Accused's House Visited. Mrs. Doris Jarvis, of Otahuhu, said that she had known Miss Pipe for years. She telephoned to accused about her and went to accused's house with Miss Pipe about a week later. She told accused that the girl was in" trouble, and that this was the girl she had rung up about. Witness did not go in, but Miss Pipo went into accused's house.

Kathleen Isabel Pipe, of Heme Bay, a younger sister of tlio deceased, said she went to accused's house in Ponsonhy with her sister one afternoon last June. After going to the pictures one night her sister left the tram near accused's house. Later witness saw accused and asked whether her sister would ho all right going home. Accused said that sho would be all right if she took care of herself.

Evidence of dying depositions taken from Miss Pipe in Waihi Hospital was given by Sergeant J. L. Calwell, who said that the girl realised she had no hope of recovery. She said that accused had examined her and said that there was nothing the matter with her. She went to accused because Mrs. Jnrvis said that sho was a maternity nurse.

Detective-Sergeant P. J. Doyle said that Detective O'Sullivan and he interviewed the accused on July 26. At first she denied all knowledge of Miss Pipe, but admitted knowing Mrs. Jarvis. Witness searched the room while Detective O'Sullivan took a statement from her. Witness found a letter from deceased reporting to accused about the progress of her health. "I burned that instrument, so 110 one saw it," wrote the girl. Witness also read a letter written by accused in reply to this. The Accused's Defence. Accused, in her statement, said that the deceased told her that an illegal operation had been performed on her. She went to accused for advice. Accused prescribed for her without examining her. Mr. Singer said that the jury must look upon the charge as one of murder, The law must prove to the last inch of necessity the right to take a human life. The jury had to be satisfied beyond all reasonable doubt that accused was guilty. If the dead girl were before them and swore, as she had done in her dying depositions, that accused had done nothing to her, then there would bo an end to the Crown case.

His Honor pointed out that the responsibility of proving a chargo in a murder caso was very heavy. A strong suspicion was not nearly enough. The jury might speedily come to the conclusion that there was a fundamental weakness in the case. Was there any sufficient evidence that an instrument "was used upon the girl, or that the accused used such an instrument? The fundamental weakness was that the girl made no specific statement to the effect that accused performed the operation upon her. The jury might think this weakness sufficient reason for acquitting the accused. They were well entitled to come to the conclusion that the Crown had failed to prove its case.

After a retirement of ten minutes the jury returned with a verdict of not guilty.