THE CHARGE AGAINST ELLISON.

New Zealand Mail, Issue 1247, 23 January 1896, Page 29

THE CHARGE AGAINST ELLISON.

THE CONVICT BROWN CALLED AS A WITNESS. The hearing of the charge against Thomas R. Ellison of having procured abortion on Alice Mary Marshall was commenced before Mr Martin, S.M., on Monday afternoon. Mr Gray appeared to prosecute on behalf of the Crown, and Mr Skerrett for the accused. The first witness called was John Henry Brown, who at the last sitting of the Supreme Court was sentenced to 18 years’ imprison-

ment on another charge of procuring abortion. During his incarceration his moustache has been shaved oft', but he presented a far less careworn and generally a more healthy appearance than when he wa3 being tried at the Supreme Court. On entering the witness box he said he declined to be sworn.

His Worship said he must be sworn, but could state his objection to giving evidence afterwards.

The oath was then administered to the witness, who, in reply to Mr Gray, said he until recently acted as assistant to Dr Wright at 43, Ingestre street. A medical practice was carried on there by Dr Wright and himself in the name of Dr Wright. Witness v r as not registered on the Now Zealand register. He knew the accused Ellison, and had known him since January, 1894, having made his acquaintance at 14, Brandon street. Witness occupied a room for Dr Frikart in the same building as Ellison. Witness was acting as locum tenens for Dr Frikart. Ellison many times visited at his residence in Ingestre street. He commenced his visits soon after witness took the place in July, 1894. He was intimate with Ellison, who continued to visit him occasionally up to October, 1895. He thought he had on one occasion given Ellison a bottle of medicine for his own use.

Mr Gray: Did you ever act in any professional capacity for any other person upon Ellison’s instructions?

Witness : I decline to answer that question at present.

Mr Jellice wished to make a statement, but Mr Skerrett objected to his doing so. His Worship : I shall recognise nobody in this case but the prisoner and the Crown. Mr Jellicoe : Is not the witness entitled to be advised P

His Worship : Certainly not. The question was then repeated to witness by Mr Gray, and he again declined to answer, his reason for doing so, he said, being that his solicitor had applied to the Attorney-General for a new trial in the case for which he had been tried and sentenced.

Mr Gray then asked witness if he had made any application to the Attorney-General, or had any application been made on his behalf. Mr bkerrett objected to the question being put.

His Worship disallowed the objection. Witness, in answer vO the question, said he clieved an application had been made on his

an application was made with a view to appeal. He had instructed his solicitor to that effect. Continuing, he said he was aware he was convicted on the Elliott case, and that a nolle 'prosequi was entered by the Crown in regard to the other charges which were preferred against him. Mr Gray : Why do you then refuse to give evidence ? His Worship : I think the reason is selfevident and appears to be bond fide. Mr Gray: When that application is disposed of will you give evidence ? His Worship.- I do not think this is the place to ask that question. Mr Gray : Do you decline for the same reason to answer any further question relating to Mr Ellison. Witness : Yes. Mr Gray : At any time within three months prior to October, 1895, was any young woman resident or treated at your premises ? Witness : I decline to answer that question . Mr Gray: For the same reason? Witness : Yes. The witness was then removed from the Court, Mr Gray intimating that he did not propose to ask him any further questions. Mrs Marshall, mother of the deceased Alice Mary Marshall, gave formal evidence. Richard Andrew Marshall, son of the last witness, said deceasod kept company with'’ Ellison for about twelve months before she died. He last saw them together about a week before she left home to go to Palmerston, which was on the 17th July last. He heard of her death on the 27th July, and on the 28th lie saw Ellison, who seemed very surprised to see him, and started. Witness asked Ellison if he had heard the news, and told him the girl was dead. Ellison fell back against the door crying. 'Witness waited a few moments, and when he was going away Ellison followed him, and leaning his arm on witness’ shoulder, accompanied him to the gate. There he shook hands with witness’ sister-in-law, and put his aim round the gatepost crying. He said, “ Excuse me, I’ll be better later on,” and witness then left. He never enquired of witness as to his sister’s illness. To Mr Skerrett: He only had a slight personal acquaintance with Ellison. Walter Freeman, caterer on the Manawatu Railway, deposed to seeing Miss Marshall get off the train at Palmerston on July 22nd last. Agnes Marshall deposed that she had frequently seen Ellison in company with her sister, the late Alice Mary Marshall. The photograph of the accused produced she had seen hanging in her sister’s bedroom. Florence Elizabeth Englcbertsen, of Palmerston North, repeated her former evidence as to Miss Marshall visiting her at Palmerston on July 22nd. In a purse belonging to Miss Marshall she found two gentlemen’s visiting cards, one of which bore the name of; T. R. Ellison and the other that of Mr Russell, M.11.R. Drs Maclntyre and Wilson, of Palmerston North, gave evidence as to the cause of Miss Marshall’s death. Isabella Solomons, who deposed that she was servant to the Browns from June to October last, gave evidence as to Ellison’s visits there. She first saw him there one morning about a month after she -went there. The case was then adjourned till Friday next.