CHARGE AGAINST A CHEMIST

NZ Truth, Issue 749, 25 October 1919, Page 5

CHARGE AGAINST A CHEMIST

HIS FEMALE ASSISTANT AND ANOTHER

Gladys Batchelor of Waimate asd Her Worry

Dr. Pitt Tells the Story of Tke Statement

(From "Truth's" Dunedin Rep.)

The adjourned charges of malprac- : tice preferred against James Reynolds Hayne, chemist, of Dunedin, Elizabeth Simpson Inglis, his assistant, and Ndrman Neylon, of Waimate, came before the Dunedin Police Court on October 17, before Mi-. W. R. McKean, S.M., who, having heard the opening of the case at the Waimate Hospital, was brought down for that purpose. The charge' m Hayne and Inglis's case was, that they did illegally use an instrument on Gladys Batchelor, with intent to procure a certain result, NEYLON WAS IMPLICATED by the police statement that he had forwarded £30 to the accused Hayne for the purpose of carrying out the alleged act. In court he wore a returned soldier's badge. Chief- Detective Bishop prosecuted, and accused were defended by Mr. A. C. Hanlon. The first witness .called was Christina Walker, who is proprietress of a private hotel m Princes-street, Dunedin. She said that Gladys Batchelor stayed at her hotel from September 12 till 5 p.m. on September 15. She had not seen her since. Douglas James White, a lad," and James Hogg, accountant, both employed m the firm of McLeod Bros; soap manufacturers, deposed that a letter addressed to Miss Batchelor, Box 229 G.P.Oi, Dunedin, had dome, through an incorrect number being placed on the letter, into their private box at the Dunedin Post Office, and under m- t structions from the postal authorities, the letter, which contained a twentypound note and one ten-pound note, was handed over to a woman they understood was Miss Batchelor. Robert Booth, superintendent of the Telegraph Department, Dunedin, pro- | dueed a telegram from Miss Batchelor which said, "Send thirty pounds, do not register, address by name, Box 229, Dunedin." Dr. Arthur Pitts said he was surgical officer of the Waimate Hospital, and he had known Gladys Batchelpr ever since she was a child of eight or, 'nine years of age. She was always A PARTICULARLY HEALTHY COUNTRY GIRL. He remembered her coming to him on August 27 and stating a certain circumstance. He advised her to go home and return m a month's time, and she came again on September 5, w.ith the same statement, and so as not to do the girl an injustice, he made a careful examination of her, and came to a certain conclusion about her condition, which he considered existed for about two months, and there was then no sign- of disease present. He was called

by her mother on September 23 to see her, and he' found her ill, .with her temperature at 102, and her pulse at HO. She complained of pain, and after examining her he ordered her removal to the Waimate Hospital. -When admitted; he examined her more carefully. He had no doubt that her condition was bi'ought about by malpractice. The contrast between seemg 1 her on September 5, when she was' well, and September 23," when she was ill, was very great. Her condition* gradually grew , worse, and on September 25, as she continued to get worse, he consulted Dr. Scoullar, the i medical superintendent. Dr. Scoullar agreed with him as to her condition and its cause, and also as'to there being no certainty as to the issue of her ] illness. The witness therefore told •her, m Dr. Scoullar's presence, that she was seriously ill, and that though they hoped she would recover, they were afraid she would not. Witness stated that he -also told the girl that he was sure something 1 had happened to her between (the time he saw her on September 5 arid September 23, which she should state. ■■ SHE THEN MADE A STATEMENT m the presence of Dr. Scoullar, witness asking her questions and putting them down m writing. He asked her the questions to keep In logical sequence, but he put no leading ones, nor did he make any suggestions. . He afterwards read them over to her, and asked her if they were correct, and she signed it m the presence of Dr. Scoullar. Reviewing the matter, it was his opinion that an attempt to procure a miscarriage had taken . place from five to seven days before ho saw her ill on September 23, and that her illness was due to this cause. He did not now consider she was pregnant. Questioned by counsel, the witness said that he had put it to the girl that something" had happened, and she did not deny it, but admitted that she had been to Dunedin and had seen Mr. Hayne. Did you not tell the girl .that she ought to make a statement to clear her \ ■■'.■'.

mother? Answer, yes or no — I did not ' use exactly those words. • J Did you not say to her fhat she might not get better, and that she should make a statement to clear her mother? — Yes, but not m those Words. v Turning to the S.'M:, tne doctor said, m explanation, that on September 5, when the girl asked the witness could he do anything for her, and he replied ■ that medical men did not do such things. She replied, that she heard girls • went to Dunedin for that purpose, and then hs advised her not to go but to tell her mother this whole . facts. • ;. The. witness was going on further m * his explanation to the S.M., when counsel interposed; by saying, "Surely the doctor has. not got a roving com-' mission to tell us air the scandal of ■. Waimate." . '+w ltn u sa l The elrl told her mother •that she had been to Timaru, when she had really gone to Dunedin. And he wanted herein her statement to . make it clear that the mother knew nothing about it. ' . , -,■'-' * : AFTER A HEATED DISCUSSION . the witness asserted that wften he tried to persuade her not to go to Dunedin, he. also asked her to bring her .mother along. , The mother did not come till, she came <to say the girl was all. That was on September 23. She. then said the girl had been away a week,, and had come back ill. When'/ he spoke to the girl on September 28-: he wanted her to-, make, it Clear. that' the mother knew Nothing of her cdndi- . tion, or where she ;"had been. That was what he meant by clearing her mo- ' " ther. ■■,"'..:• ■>•; ' . ( Counsel objected ■ against all this rigmarole" about Gladys and her mo-, ther going down on" the depositions. He said the doctor might die before the Supreme Court trial, and he want- "■■ ed the objeotion noted. The objection was noted* To Mr. Hanlon: Her temperature at the tirne^ when the conversation took place was a^out 101. It was then he told her that 'she might not get . better. ' ° •Mr. Hanlon: Did you tell her that : to help her along the road?— l told her because I considered it' my duty. Mr. Hanlon: Don't talk humbug ; to me! Witness: I did not think I was helping her to get worse. I did not think it would prejudice her recovery. Counsel said that up at Waimate, the girl had twice sworn that , the • statement was made to clear her mother. . «, . . m Witness: She was m tears, and Was worried by youiv questions. Counsel: You mean that mj cross-examination was' worrying? — No, not that, only she was m tears. Dr Stuart Scoullar said he was superintendent of the Waimate Hos- ; pital, and he largely corroborated Dr; 1 "Pitts. He said he only saw Gladys .-:, Batchelor once. He was present when the statement was taken. . . Detective-Sergeant Thomas Kemp said that on October 3, accompanied by Chief-Detective Bishop and Detective Hall they ,went to Hayne's shop ' '. m Moray- place. He read the warranr < to Hayne, who replied: "I do not know anything. about the matter." .A few Beconds afterwards he said: "What do you say the girl's' name was?" Qn being told, he answered: "I do not know her." On October 4 he arrested the accused Inglis. When the warrant was read she said she had nothing to say. Detective Hall was present, and he made a sketch of the rooms. ■ . . t ■ . Detective Hall corroborated th'e pre- ■ ■'■'■ vious witness. . Detective-Sergeant Faliey, of Timaru, deposed that he . interviewed accused Neylon at Waimate, on October 3, and told him that Gladys Batchelor was ill • m the hospital, and had' made a statement that accused, had made a. certain arrangement by letter with a chemist at Dunedin. Also, -hat he had -.'■ sent money down for that purpose. Accused asked witness if he had seen the girl, and he replied, "No." Accused -said he had been to the hospital * but they would not let him see her, as she was too ill, and he would not -i say anything till he had seen her. He * ' .was not going to say 'anything about money or anybody m Dunedin. Witness took down a statement, but accused refused to sign it. On October 25 witness arrested accused m Waimate on the charge now before the court. Accused replied. "ME; I HAVE NEVER BEEN OUT OF WAIMATE!" Chief-Detective Bishop announced that ± hat closed the Crown's case. Mr; A. C. Hanlon said he had no remarks to make, but he would re- ■. serve the defence of the accused, all . of whom pleaded not guilty. • Accused were then committed to the November sittings of the Dunedin Supreme Court, bail being allowed as before. Before the court adjourned, ChiefDetective Bishop said they had discovered that the accused, known as Naylor, was Neylon, and he obtained permission to make the alteration m the charge.