ALLEGED MANSLAUGHTER.

New Zealand Times, Volume LXXII, Issue 4732, 14 August 1902, Page 3

ALLEGED MANSLAUGHTER.

TRIAL OF MRS DRAKE. FIRST DAY’S I’RO( FFDIXOS. At Ibe Supreme Court yesterday, before Mr Justice K.dwards. tlm trial was be,r M ,i of .Mrs .Harriet Drake, wife of Arthur Drake, Otaki, for the manslatjf'liU'r of iu.T ler, iJnrol-hy Ciwfcjidolino atOtaki, on tlm 2Gth ol June. f boro were minor counts lor can-ring actual bodily barm and common a>-anlt. Tbo Court was densely crowded tbroirdiouc the proceedings the ga;ierv being packed will, women, who si rained eagerly over Cm balcony to get a glimpse of tbo accused. Mrs Drake is a tall, durkriiaiml, pale-com-plexioned woman ol about forty- She was closely veiled, and attired m deep mourning. In a low tone of voice sue pleaded not guilty to the indictment. Messrs Grav and Herdman prosecuted for the (Town. The accused was defended by Messrs Skerrett and V\nford. Mr jellicoo held a watching brier on behalf of all interested parly. The following jury was sworn;— Tbomas Wilson, 43. -Martin square (foreman); Henry Joseph Bearman, Riddiford street; ('liristopber Marclmll, Herald si reel ; Tbomas Ambrose Clark, Herald street: Albert, 'William Moran, llrooklyn ; Arthur Robert Alpe, Brooklyn; AI be id Hatfield, 54, Austin street; James Alpbonsus Martin, Kilbirme; Mark William Criffen, 40. Abel Smith street; James Goer, Taitvillc; Edmund George Corbet, Jolmsonvillo; and Joseph Tilyward, South road. .Mr Gray, in opening the case, said t’m clairgo was, happily, one of very rare occurrence in the colony—-it being against a mother for causing the death of her own child; the means employed being boating with a whip. The accused was the wife of a farmer in a good position. The circumstances of the case were painful and shocking—not the least painful being the fact that the Crown had to rely partly upon the cvi-. donco of two of the prisoner's daughters. Counsel detailed the circumstances as already reported, and pointed nut that the medical evidence showed that tlm child had died of shock, the result of violence. Tho Crown intended producing evidence not previously given to show that the conduct of the mother towards this particular child before the occurrence had been devoid of tho slightest spark of affection. This might influence them in deciding whether or not. the accused had cruelly beaten the child in the manner ho had described. The case had excited a great deal of interest, not only in the locality in which it had occurred, but also iii Wellington. He asked the jury to dismiss from their minds anything they might have heart! or read about tho case, and to bo guided solely by the evidence which would bo laid before them. Tho .social position of the accused was not to be taken into account, except that it might bo regarded as an aggravation of tho offence with which she was charged. Matilda O’Connell was the first witness called by Mr Gray. She stated that sho was employed as domestic servant in prisoner’s house. There were seven children—throe girls and four boys—tho eldest being about fifteen years and the youngest, a year and ten months. Tho deceased child Dorothy was about eight, and had been away from home for some time living with an aunt at Taranaki; sho only returned soon after last Christmas. Witness' identified a photo of Dorothy taken during her temporary absence, and stated that silo was a healthy child at the time of her death. Sho remembered tho afternoon of tho 26th Juno, when Loeta was trying to induce Dorothy to say her lessons in tho dining-room. Accused and May being also present at tho time, Loeta had said “Dorothy, you aro a naughty girl,” and witness heard tho sound of slaps. The beating might havo lasted half a minute, but not more. Witness beard the younger sister, May, address Dorothy, saying, “ Como along. Dorothy, and say it for me,” followed by more slapping. Witness next saw tho child in tho hall about an hour afterwards with her mother. Mrs Drake was slapping the child with a riding-whin (produced). Tho accused, had hold of tho child’s hand, and was heating her about the body, holding tho lash as well as the handle of tho whip. Witness was passing through to the kitchen at tho time, and heard a fow'slaps after entering it; that would ho between 2 and 3 o’clock in the afternoon. The child was fully dressed, with the exception, of hoots and stockings, and the accused appeared to he angry. Witness last saw Dorothy at about half-past 7 that evening standing in tho dining-room with her mother and sisters, Loeta and May; and she looked a hit paler than usual. Witness had noticed tho marks of some bruises on tho child’s legs before that. Witness never saw tho child alive-again. Cross-examined by Mr Skerrett, tbo witness stated that Mrs Drake had always boon a careful mother, and. the children had lived happily together. Tho deceased had attended school regularly; she was a very stubborn child. Witness had heard Dorothy fall in tho dining-room about half an hour before dinner: hut the child had not made any complaint of being iiurt. llc-examincd by Mr Gray: Sho had seen Mrs Drake beat Dorothy with a supplejack ill tho kitchen on tho previous Saturday. When sho last saw Dorothy alive, Airs Drako was speaking to her about her lessons. Loeta Constance Drako, aged fifteen, eldest' daughter of the accused, deposed that Dorothy had boon a long time living with her aunt, and had not gone to school until alter returning home. Slid was not quick at her lessons. Witness remembered being in the diningroom with Dorothy. -May and her mother on tlio afternoon of the 26th June. Witness was trying to get Dorothy to repeat a verso of poetry, but she would not; and witness slapped her with tho supplejack on tho arms and bare legs. Dorothy did not cry, and May then tried to get her to repeat the lesson. As sho would not, May had whipped her on tho legs and arms with tho supplejack. May tried a second time to get her to say her lesson, and as she would not, her mother had whipped her, after saying, "If you do not say it. I will punish you myself.” It was the riding whip which her mother had used, beating Dorothy across tbo body. The whip was her mother's. It was usually kept in tho hall, from which her mother had fetched it before tho beating. Her mother had hold the butt and lash in her hand when applying it. After tho whipping. May had again tried unsuccessfully to get her to repeat the lessen in the passage. After some time, her mother had followed them out, n-,d witness had heard her again beating Dorothv in the passage. Dorothy had screamed slightly more than once. Witness noticed a few marks on her legs that afternoon. Dorothy had been playing about with the other children in me dining-room before going to bed. m,o was taken there by iier mit her and May. Her mother had told Dorothv to go to bod after tea. DoroMiy Iwt walked part of tho way to bed, but being unsteadv on her feet, her mother had carried her the remainder -f i he way. Dorothy had complained of

being imuell ail or leu. Witiic.-s had not, heard Dorothy say anything after being put. to bed. Her mother had

-. xt. her to fetch her father, whom she met on the road some distance outside. Witness ivas (■ro , -,-:-e.\amined by Mr Wilford. Him stated she had not heard Dorothy fall in tho dining-room before dinner, but, sho had heard Matilda U'C'onnell say, "Oh! Dorothy, is that you?” to which her deceased sister had merely smiled. The whip anil the supplejack had been kept in the hall for riding purposes. There had not been any further whipping after that administered by her mother in tho passage during tlio afternoon. Witness had been only once to the bedroom fromtbc time her mother took Dorothy there until Hie was sent to fetch her father. Her mother had told her If she did not meet him. to bring a doctor. Her mother had given Dorothy whisky and milk utter tea, as she hud complained of being unwell. At the conclusion of the witness’s evidence. as the Court was about to adjourn. .Mr Skerrcit applied that the accused he admitted to the same bail as heretofore, which was herself and her husband in ,1H0(), and two sureties in T20I) each. His Honor consented to this course. Mr Skerrett mentioned that circulars had been pnblisherl, and were obtainable at. a stationer’s shop in town, calculated to prejudice this unfortunate woman in her trial. His Honor: If there is any improper interference with the course of justice, you must bring it before the Court in a formal manner. Yon don’t expect mo to institute proceedings against stationers ?

Mr Gray observed that ho thought his friend was suggesting that the Crown was prejudicing tho ca,„o Mr Skerrett disclaimed any such idea. His Honor staid at all events lie would take tho responsibility of keeping tho MM-y togfiether until the case was over.

The jury was (hen locked up for the night, and the Court was adjourned until this morning.