ANOTHER MURDER CHARGE

NZ Truth, Issue 913, 26 May 1923, Page 7

ANOTHER MURDER CHARGE

FATAL RESULT OF J_ IUI 6AL OPPPH Tw* Ytathi Coraitttd fir Trial m gimOrkiiioii

The extraordinary Interest taken throughout Maribocough m. the pitiful death ot the pretty young girl, Rita Violet Ellen Nicoll, who died recently at the Wairau Hospital from the effects, of an alleged illegal operation, was- well exemplified, when m the presence^ of a crowded Court room. Magistrate T. E. Maunsell committed for trial on the capital charge of murder, two young men alleged to have been concerned m the girl's death. These were Richard Hollis. who Is alleged to have performed the illegal operation and Thomas Viggars, a wellknown Blenheim youth, against whom it is alleged that be procured HoOis to perform the alleged criminal act. The two young men were originally > arrested on-- the • charges mentioned above, but after the inquest on the dead girl fresh informations were sworn and they were apprehended for murder. . - When the case came before the -Magistrate Crown Prosecutor C. H. Mills was granted formal permission to withdraw the original charges, and the accused were then charged on two counts— first, murder of the girl KHcofl -dn May 7- <the date pt her death), "iiind, . second, : with' using an. instrunjent with intent to procure a noiscarxiase. . Mr. A. C. Nathan appeared 'on behalf .of the accused Viggars, while Mr. C. T; Smith appeared for Hollis. [ Viggars's pounsel objected to BOTH THE CHARQI3S ; BEING ; HEARD AT ONCE, claiming that, evidence relevant to one charge would not necessarily be relevant to the other, and after some argument the' Crown agreed to take the murder change* first' and to; be guided by circumstances as to whether th» second count should be proceeded with. ■'■"■■■ :: The Crown Prosecutor opened the case with a brief review of the evidence to be /Submitted, his statement I roughly traversing the evidence adduced at the -Coroner's inquest, and then proceeded .to call his witnesses, -Who were quickly disposed of, the defence not asking a ..single; .q,uestion» though "counsel for both accused raised, plenty qf objections to the admission of ;a great deal df the evidehce, principally on the grounds that it was not m accord with' the law of evidence and also on the ground that what might be evidence against one accused was not necessarily evidehce against thedthef. ."'-•■■" • '■'' '•"■■ ■ ' ■" ■"' •; Vincent Henry Dodson, a farmer residing at Spring Creek, said the late Rita, JNicpllv was employed by him as a ■doniestic servant for 16 montba? She left;witness's employment on Satorday, . April 2i, at about 6.15 p-m. and caught the - tr#in to Blenheim.' Her health then appeared to be quite all right. Witness said- he knew the. accused Tiggars and had often seen him at the gate m company with the deceased girir Viggars "usually arrived on a L . motor cycle and the pair were m the fcabft of going a\fray together on the machine.' The girl started going with Viggars about threer months after she entered witness's employ, and after that she went with no one else. Deceased left witness's employ of her own -free will, having given a week's I notice. As to her behavior, she was "THE BEST GIRL WE EVER HAD." Mrs. Wilhelmina Bagby, an aunt of j the deceased girl, said she resided m Eltham Road, Blenheim. The girl w^ls just on 19 years of age ; Witness- gave evidence as to the girl's illness on the lines of her statement at the recent Inquest, „ Witness said the girl appeared to be m quite good health until witness saw her m bed .about 7.80 on the Tuesday morning (April 22) when witness, after a talk with the girl, decided to call m Dr. Russell Adams. However, when the doctor arrived the girl declined to allow him to examine her. The girl was up all day oh Wednesday until 8.30 pjn., but was very ill. During the night was called by her little girl and went to see Rita and found her m terrible pain and m a very serious condition. She was taken to the Wairau Hospital. ' Witness said she knew; the accused Viggars, -^who was introduced" to" her by her niece eight or nine months ago. She had seen the girl iri.«ompany with .Viggar9 on a motor .cycle, Witness identified three photographs Of the girl, which were produced by the prosecution. Dr.' Julian, medical superintendent at Wairau Hospital, gave evidence on the lines of his statement to the Coroner, regarding the admission of the girl to the hospital, her condition when she arrived, her treatment there, and her death" on May 7. He asked Dr. Russell Adams to consult with him on the case. On the following morning witness considered the girl's condition hopeless and about 9.55 a.m. had a conversation with her. Witness told her that she was dying and she replied that she knew she was dying. : Mr. Nathan challenged this as "hearsay" evidence, but Mr. Mills argued that the evidence was permissible as showing that the girl knew she was m a dying condition. Proceeding, witness related' that the girl said ■ SHE KNEW SHE WAS DYINO and had no hope of recovery. Witness asked her if she knew she was pregnant. In reply to the Bench, witness said he was satisfied from her demeanor that she knew she was dying. Witness prooeeded that the girl replied that she knew she had been pregnant. He aaked her if an instrument had been used, Mr. Nathan again objected to this evidence and his Worship said he would note the objection to the whole of tho conversation between witness and deceased, but he would admit the evidence. Witness said the girl replied to him that nn instrument had been used. He asked her by whom and she replied, j "Hollis." He asked her Hollla's ! Christian name and she said she. did not know. He asked her where tho Instrument was used and she replied "Hißh Street." He asked her whereabouts In High Street and aho did not answer. He then asked her. "Was It m Hollis's butcher's shop?" (belonging to accused's brother) and who said "yes." Ho asked her when the inntmment was used and she replied "on the Monday evening" Immediately prior to her admission to the hospital. Witness asked her who took her there and she said, "my boy, Viggara." Her mind at tho time was perfectly clear. Witness procooded that ho communicated with Sonlor-Sor&eant Clarkson on tho telephone. What did you tell him?— That the girl's condition was hopeless m my opinion. Anything further?— He said he would get 11 JubUco and come up. What time was that conversation? — Just prior to my conversation with Mls3 Nicoll. It would be about 10 minutes to 10. Shortly after .that did Senior Sergeant Clnrkson come to the hospital? — About half an hour after. Accompanied by whom? — A Justice of the Peace, Mr. Hill; the Clerk of the Ctfurt: a man whom I understood to be Hollia; a policeman, and others. Well, you were present when the party arrived ?-rrYe«. Was a statement ohtnlnod at that stage, from the deceased?— Ye».

By -whom?— Mr. Hill, the Justice of the Peace. Mr. Mills then asked that witness stand dawn till tbe Registrar of tl\e. Supreme Cocrt m whose custody It is. formally produced the deposition mac^ hy the girl. This' was done, the Registrar, Mr. A. #„ Bent, deposing- that he was present when a deposition was made try Rita, fiftcall fr> Mr. Hill, JJP, and was handed, to -witness as Registrar. Witness proceeded to read the deposition, and Me. Nathan asked that his formal to the admfesibffity of this evidence be noted. "Witness said each of the accused had the opportunity to dross-examine the girl if they had desired to do so. The evidence of Dr. Julian was then resumed. He was handed the deposition, which be read. He said that it was the 'statement made by Rita Nicoll on May 4in his presence. At that time; she was dangerously m. bat capable of understand ing what was j said to her, She lingered on vntil May | 7. After the death an examination was i held at which .he was present. Witness described injuries which could have been caused by g^ey perforating inatrument more or.lesa pointed, or rounded. The cause of death Was septic pnen'inonla, 4ue to puerperal Jn-< fection caused by a surgically dirty. Instrument used by an unskilled person. Septic pneumonia, he added, was a complication which might follow any septic infection. To the Bench: An unskilled person could cause ' a miscarriage at four months* pregnancy without: endangering life, but would require* to know of one or two small points. : Dr. R. Noble Adams gave evidence as to the post mortem, which he per* i formed on the body of the girl. There iwere external signs of acute septic infection. •' Witness porroborated Pr. Jullan'3 evidence as. to injuries to the girl. In witness's opinion the injuries must have- been- caused by some more or less sharp instrument, . probably straight. They conld not have been caused by any. surgical instruments m common usage. .The cause of death was pneumonia arising:, from an acute septic infection; - primarily caused by the use of some unsterllisecl instrument. .-. „■.■....-"'-■ • ' .' Dr. Russell Adams* deposed that he was called to Mrs;. Bagixys hbrise on April 25 to see Miss Rita NicplL The girl was In bed, but witness did not make an examination because the girl EBED NOT WISH; TO SEE HIM ; at aIL Subsequently, on May 3. Witness- ' :was * called into consultation on the case byJDrl Julian at the Wairau Hospital. Witness examined the girl, who was : ' snfterjitg; m witness's opinion, from- puerperal septicaemia and secondary pneumonia. She was; m a Very' critical state. Witness was satisfied that the treatment "being* accorded her ■vyaa correct. From the examination which he. made witness formed the opinion that the primary cause of the septicaemia was abortion. | ' Edward Johnston Hill, a' Justice of the Peace, gave evidence that on May 4 at the request of Senior- Sergeant Clarkson he acoompanied the Sergeant to the hospital to take a deposition, I They mßt Dr. Julian m the corridor and, m reply to a question by the Sergeant, the doctor said, "It is a hopeless case." Mr. Nathan objected to this answer, but h,is Worship, ruling .that the Justice must' be satisfied as to the deponent's condition; overruled the objection, though he noted it. Witness proceeded that he was aware when he went to the hospital that he was to take a deposition m j regard to an information which had { been laid, and he was quite satisfied when he had seen her that the girl j was able and willing to give evidence. Witness was also satisfied that it would have been Impossible to have taken her I evidence m open Court m the ordinary manner, for ■■ from her condition as described by the doctor, he was of opinion that she might have died at j any moment. He felt sure of this. The I Senior-Sergeant administered the oath I to the girl. Miss Nicoll could only j articulate "ye?" or "no" to questions put to her by the Sergeant. She made no straightout statement herself, except that she said, bn one occasion, "yes, my boy, Tommy." Witness said he personally wrote the statement m the form of a deposi- i tion. It was th© statement previously read m Court. After writing the statement it was read over by witness to the girl and to the. two accused. Both accused wore invited to ask the girl any questions. and Hollis replied: "No; I don't want to upset her." Viggars simply said. "No."' Witness added that VIGGARS WAS NOT PRESENT at the tlnae the deposition was written and signed, b.ut he was present just after the girl put her mark on the document an slgnuture and it was read over to him and he wuh asked If he dad any questions and replied, "No." Hollis was not represented by counsel, though witness had tried to get m touch with Mr, Smith. Witness said he tbok ,Vlggnrs to tho bedside and said: "Rita, do you recognise this young man standing her?" She replied: "Yes, that's my boy, Tommy." Witness said: "Tommy who?" and she said: "Tommy Vlggars." On going into the room, witness said to the girl, "Rita, I have brought a Justice to obtain a statement from you 09 to the cause o£ your illness," and she replied, m a low voice/ "Yea." She was quite rational and appeared to understand all that was said and all that was going on. Replying to a question by the Bench, witness said the girl had the pen m her fingers to make her mark or signature, but MR. HILL GUIDED HER HAND. Constable Canning, on relieving duty m Blenheim, gnye evidence that he was present at thef.ospltal when the girl's depositions were taken. Later m tho day witness was on duty on the street and Vigrgars approached him and said: "I have been round to tho polico station to report, but the Serjeant is not there. Jf I report to you, will that do?" Witnoss replied, "Yes." Vlggars then said: "I did not like the look of the girl to-day." Witness replied: "No: no more do I.'! Viggars then asked: "How will I be getting on?" Witness said: "From what I near, you asked Hollis to do tho job." Viggars replied: "He did not want much asking. lam sorry for the* girl." Constable poggett, In charge of the Plcton district and police gaoler at Picton, said HOIHB had been In his custody since. May 4. At about 2 p.m. on May 8 Hollis asked witness if he had hoard HOW THE GIRL NICOLL WAS GETTING ON. Mr. Nathan obiected to any of this evidence being taken as regards Viggars. Tho Crown Solicitor said Mr. Nathan could rest asimred that this evidence did not affect Vlggara. Mr. Nathans objection was noted. Witness said he told Hollla ho was In a position to tell him how tho fflrl wan, but that Jt wnii hlB duty to warn him that anything he might «»y might bo lined m evidence agalnat him. — He replied: "Yes: I undorHtnnd." Witness then told him tho fflrl had died the provloua morning, He simply aaid,

"Ahem!" A little later he said: "I expect that will make it worse." Witness said: "Ifs a wonder you got implicated m this matter at all;. 1 * and he replied: "Yes; it's a wonder to me and to everyone else." This concluded the evidence. Neither of the counsel for the accused addressed the Court. His Worship said he took it that so far as Viggaxs was concerned, the Crown proposed to ask the jury to find that be ought to have known better than %& take part m an action likely to cause death. : , Mr. Millar That is so, yonr Worship. His Worship said that so- far as Sol« lis was concerned, he had. some doubt as to whether a murder charge would-., lie, but no doubt the Supreme Court would direct the Jury m the matter. Both accused, who reserved their defence and who were not asked, to plead, as it was a murder charge, were committed for trial at the Supreme Court sessions to be held, m Blenheim on June 5. Viggaxs was admitted to bail. m. his own recognizance of £200 and two approved sureties of £500 each. There waff no application for bail for Hollis.