THE ALLEGED ILLEGAL OPERATION.

New Zealand Times, Volume LVII, Issue 2668, 18 November 1895, Page 3

THE ALLEGED ILLEGAL OPERATION.

THE DROWNS COMMITTED FOR TRIAL. Tbo bearing of tho charge against John Henry Brown and Annio Brown of committing an illegal operation upon Alice Mary Marshall was continued in tho Magistrate's Court on Saturday morning, Mr J. 0. Martin, S.M., presiding. Mr Gully appeared to j>rosecuto; Mr Jellicoo conducted tho defence, and Mr T. M. Wilford was present watching the case on behalf of Ellison. Albert Moore, a boy lately in tho employ of Dr Wright at Christchurch, was called and gave evidence. The Court was cleared while tbo evidence of this witness was being taken, as the evidence might later on prove inadmissible, Agnes Marshall, sister of the late Alico Mary Marshall, deposed that Ellison carno on one occasion to her father’s house whore witness and her sister lived. Bad seen Ellison with her sister two or three times. "Witness was with her sister Alico when she bought half a dozen handkerchiefs at To Aro Bouse. Throe of tho handkerchiefs wore marked with tho initial "A” and three were marked “ C.” Tho handkerchiefs produced (one found in tho Browns’ house, the other In tho pocket of .deceased) were similar to those bought by witness’ sister. There was a photograph of Ellison hanging up in tho bedroom occupied by Alice, To Mr Jellicoo; Could not swear positively that tiio handkerchiefs produced wore over in possession of her sister Alico. Ellicon was not the only young man her sister was acquainted with. None of these other young men came to tho house to boo Alice. Ellison’s photograph was not the only young man’s photograph in tho house. Her sister had photographs of other young men, but they were not put up on tho wall. Ada Marshall, sister of tho last witness, deposed that Ellison was acquainted with her sister Alico. He carno to tho house, and they went out together. This began about 12 months before her sister’s death. Had seen handkerchiefs like one of those produced (found in tho pocket of deceased) in tho possession of her sister. To Mr Jellicoo; Tho second handkerchief produced (that found in Brown’s house) was not liko .the ones possessed by her sister.

Constable F. S. Cox gave evidence as to the articles ho had found in the house of the accused. .Amongst them was a tin of bulla donna plasters. On searching Brown ho found on him a prohibition summons addressed to Dr Wright, and other papers. To Mr Jellicoo : The medicines produced were found in the house of accused in the surgery upstairs. Wilfred Didsbury, cleric at the Union Bank, said J. H. Brown had an account with the Bank. Witness had no hesitation in saying that the letters produced (found in Brown’s house) were in the handwriting of the customer of the Bank, J. H. Brown. Dr Cahill (recalled) was cross-examined at length by Mr Jellicoe upon the nature and properties of the medicines found on the premises at Christchurch. Detective Neill (recalled) stated that ho had no documents, letters or cards relating to the accused which were found upon the deceased, Miss Marshall, Witness was shown a slip of paper upon which were two names. This was said to have come from a pocket in deceased’s dress. Witness had in his possession a statement signed by the witness Cissy Cameron. Mr Jellicoo wanted this document produced.

Mr Gully declined to produce it. His Worship ruled that it was not necessary to produce tho document. Tliis closed tho case for the prosecution. In answer to Mr Jellicoo, His Worship said ho had doubt that tho case was one that should bo sent to the Supreme Court for trial. Mr Jellicoo asked that the accused should bo admitted to tho same bail as before. Mr Gully objected to this, pointing out that tho prisoners wore now committed for trial. After some discussion His Worship pointed out that tho committal for trial did not mean that the guilt of tho prisoners had been proved. Ho thought, however, that Mr Gully’s contention carried weight, and therefore would increase the bail to two sureties of J2IOO each. Tho accused wore then committed for trial at tho next sittings of tho Supremo Court. The second case against the Browns and the case against Ellison have been'fixed for to-morrow afternoon.