IN TROUBLE

NZ Truth, Issue 605, 20 January 1917, Page 6

IN TROUBLE

ALLEGED ILLEGAL OPERATION CHARGE AGAINST PHILLIPA SCOTT Committed For Trial (From "Truth's" ChristchurclL E«p.)

In the Magistrate's Court at Christchurch last week, a middle-aged woman named : Phillipa Scott was charged with having at Sydenham used an instrument with intent to . procure miscarriage on Ivy Cusack.

Messrs. Crowther and Christian, J's.P., occupied the Bench, Chief-detec-tive. Herbert prosecuted, and while T. W. Rowe watched^the case on behalf of a couple of tie witnesses, the accused was not represented by counsel.

Ivy Cusack, a young and rather gooalooking- woman, wife of James CusacK, erstwhile of Hereford-street, Linwood, stated that about 12 months ago last April her

HUSBAND WENT TO THE WAR, and returned on December 26 last. Witness was at present m a certain condition, for which her husband was not responsible, the father sof the unborn

child being dead. When witness discovered her* condition she was living with her brother m Chester-street, but she left there four moruns ago and took a room m Clyde-street, city. Some time In September last, witness went to live with her mother and she first made the acquaintance of the accused m August last, just after the Grand National races, when she met her at her (accused's) own house m Wadsworthstreet, where she was keeping house for a Mr. Wilson. Witness went to. the house with her mother m the afternoon, Mrs. Scott receiving them at the door. Mrs. Scott took them through to the kitchen,) ; where witness's mother mentioned that her daughter was m trouble anrf that she wanted Mrs. Scolt to look after her till she got. alright. Mrs. Scott said she would do it.

Witness next described the nature of the alleged illegality and Reposed to having made various payments on different dates. - The witness also described what happened on the dates m question. Altogether she paid five visits, and finally remained at her house for three weeks. Altogother she paid £5 .is arranged. There waa no extra charge for board and lodging. Regarding the operation, Mrs. Scott told witness that she had performed several similar cases and had never lost any. Witness had had no quarrel with Mrs. Scott and there was no enmity between them. Further, she had made no complaint about the operation being unsuccessful and she was surprised when she heard that a third party HAD INFORMED THE POLICE, who laid the information. Witness denied having at any time given Mr. Wilson money. Accused: When did you come to my place? — About the third week m August. Are you sure you didn't stay a month? — It may have gone on to & m,onth, but I don't think so. When you first came to my place did not you have angry words with your mother? — No, When you came to me, you eald there had been angry words at home and you wanted to stay with me? — There were no angry words, but I told you my stepfather objected to me having a child m his house. The mother of the last witness said she had known the accused for a good many years and remembered going to her house with the last witness about August ami conversed with her about her daughter's condition. , Sho had heard of Mrs. Scott's ability as a midwife and nurse and wanted her to nurso the girl through. At the beginning of the present month accused called at witness's houso and said she had heard that the polico were after her. She also said she had been out nursing and had been to tho police and asked what they wonted her for. Witness replied that her daughter had been Interviewed by tho detectives and trouble was likely, but accused replied that there could hardly be trouble, because tho girl was alright. Witness first knew of her daughter's condition through a. letter which tho girl wrote her from Clydo-street. The fact that her husband, who WAS JUST RETURNING, was not tho father of the child was sufficient to cauao tho girl not to want the child. The arrangement to pay tho £5 was made m tho presence of witness, her daughter and Mrs. Scott. A 17-yoar-oUI son of tho man Wilson **alil hi* whs living wltfi hla father In Wudflworth-slreirt ami that for tho la«t twelve months accused hud been his

father's housekeeper. About August last Mrs. Cusack lived at the house for about a fortnight. Thomas Wilson, carrier, living m Wadswbrth -street, Sydenham, said the accused had been Ms housekeeper for about nine months. There were three bedrooms and three separate beds m the house. About September or October Mrs. Cusack stayed at the house for three weeks, renting a room from witness m the presence of her mother. She asked witness if there was room for her to stay at the house, and witness, saying there was room, let her for Ss weekly, Mrs. Cusack paying him that amount on three occasions. While she was there she had one front room, Mrs. Scott had the other and the boy slept m the back room. The Chief Detective: That's three beds and three people accounted for. Where did you sleep ?-«-I occupied the front room where Mrs. Scott slept. Witness, continuing, said he never heard that Mrs. Cusack had given the accused money, neither had he heard of the operations that was alleged to have Deen perrormed. „ ' Have you any family besides this boy? — Yes, a son and daughter, who are living away. T-hey 'are older than the boy here m court. The Bench: Did you .give any receipts for the 8/- rent? — No, I didn't think they were necessary. The Chief- detective: Mrs. Cusack swears that she never gave you any money at all? — THAT IS NOT CORRECT. Detective T. Gibson said that about 7.20 ajn. on the sth inst, he and Detective. Ward called at Wilson's house. Mrs. Scott was m bed, and Wilson was m the room, dressed. When Mrs. Scott got up, and witness read the warrant to her, she said, after a pause, "No, I did not. < The girl had a' row with her mother and come to stop." Witness searched the room and found the collection of instruments produced, including seven knitting needles. Accused explained that she did knitting hour after hour, but when asked to show the detective some of the knitting, she, could not do so. Margaret Morrow, married woman, living with her husband m Christchurch, said she had known accused as a friend for six months, and had twice visited her while she was housekeeping for Mr. WHson. Accused never rendered witness any surgical assistance. Ivy Cusack recalled, denied that she arranged to pay, or paid Wilson 8/per week for the use of a room at his (house. No arrangement whatever was made between her and Wilson, and she gave faim no money at any tune. This concluded the case for the prosecution. Accused, who had nothing to say, pleaded not guilty, end was committed to the Supreme Court for trial.