A FATAL DRINK

New Zealand Herald, Volume LXX, Issue 21546, 18 July 1933, Page 12

A FATAL DRINK

FRUIT HAWKER'S DEATH SEQUEL IN POLICE COURT CHARGE OF MANSLAUGHTER WAREHOUSEMAN FOR TRIAL The death from strychnine poisoning of -Mr. Charles Boddv, aged 53, fruit hawker, on May 6, had a sequel in the Police Court yesterday, when a charge of manslaughter was brought against George Alexander Roxvson, aged 30, a warehouseman formerly employed bv Kempthorne, Prosser and Company, Limited. Mr. F. K. Hunt, S.M., was on the Bench. Detective-Sergeant McHugh prosecuted, Mr. Barrowclough represented accused, and Mr. Buttle watched proceedings on behalf of deceased's widow. At the inquest held before Mr. W. R. McKean, S.M., coroner, last month, o verdict was returned that the death of Mr. Boddy, who lived at 145 Great North Road, Grey Lynn, was the result of drinking a preparation deceased believed to be slippery elm bark, but which was mix vomica. The first witness called yesterday was Gilbert Campbell Highet, draughtsman, who produced a plan of KempthorneProsser's chemical store. He said mix vomica was stored on a tier of shelves pgainst the back wall approximately 6ft. from the floor and slippery elm bark was kept on a tier of shelves at right angles to the back wall and about sft. from tho floor. There was a passage 6ft. 6in. wide separating the two tiers of shelves and the two chemicals would bo about 10ft. apart. Order for Preparation

A hairdresser and tobacconist, Joseph Frederick Norris, of 143 Great North ltoad, said that at different periods during the past five years he obtained for deceased several lib. hags of slippery elm bark from Kenipthorno, ProsBcr and Company, Limited. The preparation was used by deceased in connection with varicose veins on his legs. On Slay 4 deceased asked witnesa_.to fet a further quantity of the bark. ,ater that day Kempthorne-Prosser's carter was given a written ordor by witness and next day he brought the goods to witness' shop. Deceased collected the goods, which were in a brown paper bag tied with string. On the bag was written in ink, "lib. slippery elm bark." Nathaniel Spencer Curtain, a warehouseman employed bv Kempthorne, "Prosser and Company, Limited, said he received the order for slippery elm bark frog* the firm's farter and asked accused to make it up. Accused did so and placed the package on a counter. Witness took the package from the countor and checked the name on it, "slippery elm bark." The Magistrate: Whose writing was on the bag? Witness: The accused's. Remark by Deceased

Lillian Jane Boddy, widow of deceased, said her husband had enjoyed Fairly good health. On May 5 he handed to witness u packet purporting to contain slippery elm. bark. Witness placed the preparation in a glass jar tvnd after labelling the jar put it on a shelf in the scullery. Aboilt 9.40 p.in; on May 6 deceased, who had been sitting by ' the fireside with a friend,,heated some milk with which he mixed what he thought was slippery elm bark. Witness see him take the powder from the,', jar, but saw the jar had bean opened. After drinking the preparation deceased was heard by witness to remark that it tasted rather bitter. Witness said deceased then retired to bed. Shortly after 10 p.m. she heard him call out, "Oh! Oh!" and on going into his room she found him trembling, with his arms spread out. Dr. L. G. Drury was called and wrote out a pre- , script ion. He was called back to tho house a second time and an arrival said -t witness' husband was dead. The jar containing the supposed slippery elm bark l was subsequently handed to the police. Cross-examined, witness said that as far as she knew neither she nor her husband had purchased any nux vomica at any time and they had not kept any drugs in the house. ' V. " George Gordon Meddins, a friend of deceased, said he saw deceased take powder from a glass jar and mix it with milk. -

Evidence ol Dqctor / Dr. L. G. Drury said that when he was first called to Mrs. Boddv's house he found deceased very restless and greatly distressed. Deceased informed witness he was suffering no pain, bnt /'had "a pricking sensation" as if pins and needles were sticking into him. Witness thought deceased's discomfort might be due to violent indigestion and ftftor making out a prescription he left. Deceased had then quietened down. i t About 10.40 p.m., when again called to the house, witness found deceased was dead. It was then that he heard deceased had remarked that a drink he had taken tasted bitter. At the instigation of witness the jar containing the powder was sealed and handed to the police. In reply to Mr. Barrowclough, witness said most of the usual symptoms of f ■ strychnine poisoning appeared to be absent. When a large dose of strychnine hatl been taken the symptoms were not always observed as readily as was the / case when a small doso had been taken. The symptoms varied according to tho amount consumed. '' Result of Analyses Kenneth M. Griffin, Government nnalyst in Auckland, said he analysed the contents of a jar purporting to be /slippery elm bark and found it to bo Tiux vomica. He also established that deceased's stomach contained threequarters of a grain of strychnine, while the poison would probably have spread to other parts of the body. The minimum fatal dose waa half a grain and the amount found in the stomach was sufficient to cause death. The colour of ' mix vomica and slippery elm bark was somewhat similar, but witness would expect anyone used to handling the powders to be able to distinguish them. Detective Sneddon said he visited Kempthorne-Prosser's warehouse and was shown two shelves, on \\hjch were / respectively bags labelled as containing nux vomica and slippery elm bark. One of the bags had a quantity of slippery . elm bark taken out and another, con- • I taining nux vomica, also had been opened and part of the contents removed. When asked by witness where, he got the slippery elm bark accused hesitated for a few seconds and then / / pointed to the place where tho hags of slippery elm bark wore stored. He said he was almost sure he not the bark / from the shelf indicated and then snid he was positive of it. In a voluntary written statement made to witness accused said it was possible a nux vomica / bag was nut on the shelf containing slipnerv elm bark when it was last used. In making up tho order accused / naid he went to a shelf where the slinpery elm hark was kept and took lib. •of powder out of a baa which had previously been opened. Ho could not un'derstand how a mistake was made. In a supplementary- statement aeousecl said; "I have now examined a paper bag shown to me and it is the { hag I made tin Mr. Norris' order in. T have also made an examination of the powder that is left in the bag and I know it is nux vomica. The bag has my writing on it. I wrote 'slippery elm . bark' on it when I made up the order." Aooused pleaded not guilty and was committed to the Supreme Court for itrial. Bail in two sureties of £SO was allowed.