ALLEGED ABORTION.

NZ Truth, Issue 119, 28 September 1907, Page 4

ALLEGED ABORTION.

A MM AND WOMAN IN THE DOCK. The Value of Detail m Depositions. The Two Accused Committed for Trial.

The much-adjourned case, m which William Burford and Annie Whittaker were charged with being responsible for an illegal operation on a seventeen-year-old girl, came on for hearing m the Wellington Magistrate's Court on Wednesday, when Chief-Detective McGrath prosecuted, and Mr Wilford appeared for the defence. The evidence m chief was taken at the hospital a short while ago, and Mr Wilford reserved to himself the privilege of cross-exam-ining the girl m the lower Court. The girl stated m evidence that her age was eighteen." She knew a jiirl named Bessie Smith, and had gone to school with her. She had not made this girl her friend and confidant, although she had made an admission to her that she was pregnant.

Mr Wilford : Did you tell her that a man named Archie Hall had put you m a certain condition ? Chief Detective McGrath held that the paternity of the child did not affect the charge ot abortion.

Mr Wilford claimed the right to test the credibility of the witness by means of asking who was the lather of the child.

Magistrate Riddell ruled that the question was not permissible, and Mr Wilford asked that his objection should be placed on the depositions.

Mr Wilford asked- if the witness had told the girl Smith that anybody other than Archie Hall was the father of the child.

Tec McGrath raised an objection to this question also, but was -not supported by the Bench, his Worship stating' that Mr Wilford Could put a general question.

The witness the,n gave a denial to this question. She did not know what a "seaweed pencil" was, nor what a "tent" was. She had. informed no girl that she had used a crochet needle for a certain purpose, and she had, as a matter of fact, never used the needle. She had,

' owevcr, got another woman (Mrs Whittaker) to do it. She had never informed anybody that the needle had been used on her, and that she could not go to work on account of it. Burford had, once denied to her that he was

THE FATHER OP THE CHILD. She had never asked him to take her to some particular place for relief because slip felt ill. She had already sworn that she had ?;onc to Mrs WhiCtaKcr's house, and that the woman had used an instrument on her. The instrument used was similar to that produced. Wit-ness did not ask Mrs Whit-taker to see if she had been suffering from hemorrhage. She told Burford she was m a certain condition and he took her to Mrs Whjttaker's.

Counsel asked the girl what her reason was for getting the people who had got her out of trouble into gaol, and the girl was silent.

Mr McGrath : Her brother came to the police and laid the information.

Witness stated that she had mentioned the matter to her brother, and also to a woman named Mrs Brooks. She told Mrs Brooks, who resided with her, that she was going up to a woman's place (presumably Mrs Whittaker's) to get over her trouble, but she did not tell her that she was going up there on account of a crochet needle used on herself. After she had been m Mrs Whittaker's house she had not approached a small boy whom she had seen there, and had not asked him to testify that she "had been m the house. Burford was not about when the illegal operation had taken place. She was able to walk to Mrs Whittaker's —she was accompanied to Mrs Whittaker's by Burford— and on the way they met her brother, who asked her not to go to the lady's place. Burford moved on and did not hear the request, and she insisted on going to Mrs Whittaker's.

Mr Wilford ' Who has managed to get at you to talk about this ? His Worship : That is irrelevant. Mr Wilford : IT IS SO INCREDIBLE, SIR. His Worship : It may.be incredible, but it is not relevant. Mr Wilford : I will put it m a different way : Did anybody offer any inducement to you to lay 1 informations against Mr Burford or Mrs Whittaker?— My brother induced me.

The witness stated that she had not paid Mrs Whittaker any money. She lived m Ellice-street with a Mrs Prigniore, who was mother of Mrs Brooks. Before she gave her evidence at the hospital she was visited by Detectipe Lewis, to whom she made a statement respecting the' illegal operation. Mrs Beck, the police station matron, -was present and the girl signed the statement. At the Hospital inquiry she had sworn that Mrs Whittaker, Burford, and herself had been m a room together. The two accused said, "You'll be all right.'* The girl replied "I want to go home."

Mr Wilford was questioning the girl as to the nature of the illegal operation, but was pulled up by his Worship, who held that these matters could be enlarged upon, if necessary, m the Supreme Court.

Mr Wilford complained that he was being cramped m this case to a greater extent than m any other case he had appeared m before Mr Riddell.

His Worship remarked that counsel could not ask anything that Was irrelevant.

Mr Wilford pointed out that tlie depositions of the lower Court would be of great value m the Supreme Court, and the only means of testing the evidence of the witness m the latter place was by means of the depositions.

His Worshin insisted that he could | not permit any evidence that was not relevant to Hip case, aivd Mr Wil?ord. speaking rather warmly. re-mm-keJ ih->t his lengthy exnerienre j had tiUi'M'l him the value of detail ; m 1 lie (i."!if)s-ilions. • "You have only had one abortion •

case, sir," said counsel, with emphasis. "I have had one other," remarked Mr Riddell, and after •A FURTHER EXCHANGE OP AMENITIES and argument respecting the relevancy of the questions desired to be asked by Mr Wilford the incident closed. In re-examination by Chief Detective McGrath, the girl said that although she saw ndSihing at the time of the operation she was conscious of relief, and Mrs Whiltaker remarked that the child had a big head. The girl said she was m perfect health up to the time of the operation.

Evidence was given b^ Drs. Henry and Ewart as to the condition of the girl subsequent to the operation. Detective Lewis also save evidence with regard to the admission made by the girl.

The two accused, who reserved their defence, were committed to stand their trial at the next sittings of the Supreme Court.