SHROUDED WITH SILENCE

NZ Truth, Issue 1200, 29 November 1928, Page 7

SHROUDED WITH SILENCE

Path to Solution of Freda Clark's Untimely Death In Nursing Home Blocked By A Wall. of Reticence

ALLEGED LETTER TO GIRL CAUSES MYSTERY

(From "N.Z. Truth's" Special Auckland Representative)

WHAT caused the death of Freda Helen Clark, the pretty typist employed by the Te Aroha Borough Council, m Mrs. Gteorgina Colnett's nursing home m Grey Lynn? Dr. Murray, the pathologist, told the Coroner that the young woman died from septicaemia, following a certain event, although he admitted that death might have been due to natural causes. A letter, allegedly written to Freda by her sister, Mrs. Doris. Dannefeard, it was contended by Lawyer Singer, should be regarded as a closed book, not to be opened. He argued that Mrs. Dannefeard would, and legally could, refuse to answer any questions bearing on the letter that might incriminate her.

TPHERE was a tense scene when Mrs. J. Dannefeard was shown the letter and asked if she had written it to her sister. Lawyer Singer was on his feet at. once, and there ensued a long legal argument between counsel and Coroner Hunt as to whether the witness must answer. At the end of half an hour the coroner adjourned the inquest with the remark: "Bring the Crown solicitor here." When Lawyer Meredith put m an appearance next morning it was to ask for a further adjournment, as he had not had time to look fully into the legal aspect. The inquest accordingly was adjourned further until Monday last. From the very moment of Freda Clark's death the whole case has been invested with a conspiracy of silence, so much so that when the inquest was formally opened there was a bitter protest from Chief-detective Hammond concerning the attitude of witnesses. He complained that it was impossible to get information, as "nobody will talk." Mrs. Dannefeard refused, under legal advice, to answer questions un,til compelled by the coroner to do so, and a general warning was issued by the Bench concerning the risks involved m adopting an attitude of obstruction towards the natural course of justice. The initial corpnial proceedings provided a sensation, but it paled beside the astounding climax to the resumed inquest. Freda Clark died suddenly m Nurse Colnett's house on November 1. Dr. W. H. Horton, who was called m, found the young woman lying m bed and quite dead. ■ . -> How long she had been m the home was not established at the time, but judging from the story told by Mrs. Kathleen Reader, of Jackson Street, T'e Aroha, with whom Freda Clark lived, it could only have been a day or so. Mrs. Reader told the coroner that on the night of October 2G Freda announced ; her intention of going to Auckland. She was to catch the 5 a.m. train the following day, and m order that she should be up m good time the alarm clock was given to her. Freda made no complaint to Mrs. Reader that she was feeling unwell. The young woman had .been | friendly with a Mr. Percy Sowerby, who was described by Chief-detec-tive Hammond as "the man m the case." Sowerby, said Mrs. Reader, often called at the house to see Miss Clark, but his last visit was about two -J months ago. She ' did not know ■ whether the ( girl was frienaly \. .«.n any other men. Mrs. Reader heard the young woman leave home next morning, and thought no more about it until November 1, when a constable called at the house and took possession of two letters from Freda's room. .' Chief-detective Hammond wanted to lcnow if Mrs. Reader knew whether Freda had a banking .account. She replied that she knew Miss Clark had had a Post Office Savings Olympic team, the disciplinary measures previously hinted at were put into effect to-day, when the manager, Mr. de Plomat, caused the cabins of the rebellious members of the team to be searched, and all articles m their possession not provided for m the official approved list were confiscated. The extent to which the trouble had spread was revealed when this search tool< place. One member was found to have a pair of ■ black boots secreted, under his bunk. Another tried to throw a toothbrush out of the porthole, but was frustrated m the attempt. Other articles which conflicted with the rules were a pair of mauve bags, a suit of pink pyjamas, an over-size powder puff and a bottle of cucumber and glycerine; also a copy of Hansard. SHOCKING SCENES. Olympic Team's Behavior. (By Wireless.) May 3. R.M.S. TITOKI, at sea. The trouble that has been causing dissension m the ranks of the N.Z. Olympic team culminated to-day, when the members of x the team combined to flout the authority of the manager and disregard the rules. The team appeared at breakfast dressed m all manner of clothes, and prouoecied to throw cutlery, rolls, bananas, pineapples and strawberry boxes about the saloon, to the great .discomfiture of the other passengers. The demonstration was directed against the manager of the team, who retired, sobbing bitterly, to his cabin. DESERTS OLYMPIC TEAM. ! Manager Returning to N.Z. (By Cable.) ALEXANDRA, May 5, 1940. In a statement to your correspondent to-day, the manager of the New Zealand team said; "I am returning to New Zealand by the first boat. 'I am disgusted with the team. ..Let the Grand Llama see them m black suits and bun hats at the march past, let the other teams jeer at their horrible habit of making musical soup at table, let them ' give as much as they like to the stewards and waitresses. . "I will not have to suffer it. I will return to the gentlemanly refinements of my home m • Kowkokiki. . I regret the day I went away, I — " At this stage the messages, broke off with what sounded like hiccoughs, but which the Spiritualist Editor declared to be more interference from Station 2 Why Hay, broadcasting inaccurate racing information.

Bank account with a credit of five or six pounds. She had drawn out the s money, leaving a credit of only flv,e shillings and ninepence. . The letters taken possession of by the police were then handed to the coroner, who read out the one alleged to have been written by Mrs. Dannefeard. . "I rang up Mrs. Bauer and she has arranged for Saturday," the letter ran. "She will meet you at the station. She suggests you should go out to Grey Lynn ... "I think the best thing for you, even if it comes off, is to stay there until the Monday. She 1 thinks you are well enough to travel. . . ." A letter card, written by the deceased to .her senior officer of the Te Aroha Borough Council was also read out. This missive ran: "Dear Mr. Wild, — Just a hasty note to ask you not to put my tele- . gram with the correspondence — the one I left m the box on Friday night. I don't thinkit is necessary •for my private business to be made public." Mrs. Reader, m reply to further questions by the chief -detective, explained that Freda Clark had been up to the Post Office one night and on her return she said she had received a telegram "from the lady who lived next door to her sister." ■ She also told Mrs. Reader that she had rung up Wild and told him she had left the wire m his letter-box at the Post Office for him to see. In addition, she wrote to Wild m terms of the letter card. ' ; Chief- detective 'Hammond drew the attention of the coroner to the fact that the letter card was headed: "St. Andrew's Road," and that it had been posted m Ponsonby. Having told all she knew about the girl's movements, Mrs.- Reader left the witness-box, being' replaced by. Dr. Horton, who gave his story of what he found when he called at the house of Mrs. Colnett. "I received a telephone 'message at my house," he said. "A man's voice spoke over the wire, a^d he said that his wife was very ill and * that he thought she would die. He asked me to come at once. ■ Dr. Horton left his place as soon as he could get away, and when he arrived at the Colnett' s ■ house he was received by Mr. and Mrs. Colnett m the hall. Mrs. Colnett said to him: "Something dreadful has happened." She further explained to the doctor that Freda Clark had been very well

The Solicitor's Early Arrival

I and Mrs. Colnett intended going to the races that day. 1 "I saw the patient," continued Dr. Horton, "and she was dead. The body appeared to have been laid out after death. "Nurse Colnett asked me if I could certify, and I told her that was quite impossible. I also told her it was her duty to notify the police." The doctor then created a mild sensation by informing the coroner that while he was at the Colnett's house Lawyer Singer arrived. Coroner Hunt expressed great surprise. . . Dr. Horton informed the court that he was unable to form any opinion as to the cause of death at the time. The Coroner: You knew Mrs, Colnett, did you? . • Dr. Horton: No, sir; I did not know the Colnetts. I met Mrs. Colnett once about twelve, years ago. Mrs. Colnett. is a nurse, is she? — I understood she was a registered nurse. Police-sergeant Claasen, who was called to the house, described what happened when he interviewed Mrs. Colnett. The door was opened by Mr. Colnett, and the sergeant was taken into a room and shown the body of the woman. "I asked Mrs. Colnett how. long the woman had been dead and her reply •was that she had found her like that about ten- thirty. She told me that she had last seen the young .woman alive about two . hours previously. "I then asked her what the dead woman's name was," said the sergeant, "and -she told me it was Freda Clark. "When I asked Mrs. Colnett if the woman had .been a boarder or a guest, she replied that ishe would tell me nothing, and that she had communicated with Lawyer Singer." The woman's husband also declined to make a statement about the occurrence. The sergeant then went on to explain that while he was talking ito Mrs. Colnett a young woman came into the house without knocking. She said something about "having sent them.*' Tlie telephone bell rang several times and the inquirers were informed that they would have to ring up later, as the police were m the house. There was a stir of interest when the sister of the dead woman, Doris Dannefeard, was recalled. "Did you write to your sister?" asked Chief-detective Hammond. Lawyer SiTiger, who appeared not only for Mrs. Dannefeard, but for ; the Colnetts, Mrs. Bauer. and Percy . Sowerby, was on his feet protesting before the witness could frame an answer. "At this stage, sir, it would be better, perhaps, for me to explain," he said. Mrs. Dannefeard was ordered from the court, and then commenced a legal battle that lasted for half an hour without any finality being reached. Coroner Hunt:* You want to prevent this witness being' asked certain questions, including the one about this letter.

Lawyer Singer: Yes, sir. The coroner: Well, I hold it is TOng. ,'.. „.: ;i ■„'•/ Lawyer* Singer \ then outlined his objctiori to ' : any questions being asked f Mrs. iSaririefea'rd with reference to ie letter. ■ "At an inquest of this nature," he aid, "it is i;he object of the police to! btain as rhifch evidence as they can. )r the purpose 'of a possible prosecu"A witness answering all the questions put by the police might, m assisting the prosecution, expose '•* him or herself to prosecution.:. "If this woman has been a party '■•■■ to any offence then she can be ..- - prosecuted on her evidence, should ' she have been a party to it. "It has been laid down' by authorities of great antiquity, accepted wherever law is practised, that it is the duty of a coroner to warn a wit r ness that he or she. is not bound to answer any question that may tend to incriminate. ./ The coroner: Well, so I will if she is a willing witness. ■ .. • s . vLawyer Singer: She is protected" by this ancient law, sir, from beginning to' incriminate herself. ' , „ ]. Counsel went on fluently to develop his theme. •; "Did this woman write this letter to her sister? Is she to be compelled to give evidence the police cannot get save out of i this woman's mouth? I don't want anjt wifcpfcjss^b go into jhat box and tell untruths,' but this woman is entitled to be told that she is not •compelled to answer any question that might incriminate her; ','. The coroner: My duty is to the public. "\ ' • ' „-- "And to tnis witness, sir," parried* counsel. "She will tell you' m the box that she will decline to answer any question relative to, her association with her sister m connection with this; case. If she is to be compelled to answer these questions, then it is obvious that her answers are links m the chain. The coroner: How can that be? She may have seen her sister quite innocently. , •■ Counsel: It is not a question • altogether of definitely incriminat* ing herself. It is a question of "might" incriminate herself and that is the core of the whole thing —not that she would, but that her t answer might, tend to incriminate her. The coroner reiterated his remarks about his duty the public. Counsel: your duty to the outside . ' . public has nothing . to do" with your duty .towards this woman. " When asked what ______ he wished to say, 1 Chief - detective Hammond spoke m very definite terms. "Here we have a case of a young woman, a stranger m the city, who is found dead m a house. We can get rib help or. information as to how she. • came to die. . "The, was . m the .house, be- • fore the police arrived. As a matter of; fact, the police were not informed of the occurrence until fifty minutes!; after the doctor arrived. "It is up to your worship to see that the facts are brought to light t>y. witnesses other than this woman." -. The coroner: If she gives you the evidence that may bring the possible guilt home to the proper person, will, you give this woman an indemnity? -•■ Chief-; detective Hammond: Yes, i£: she tells a truthful story. . "" Lawyer Singer once more jumped up from his chair. "This is preposterous, your worship," he protested. "Does this' mean that the chief- detective is empowered to offer an indemnity? You have.iio right to tell this woman' she. will not be ' prosecuted, evenf if you Tare^-satis-fied- she has nothing to do Awithv-the case. .■'••. - -.. ■- . .7 ... , .... ■' ;< :.' The coroner: My duty-is to firi<j| out the cause of death m the caa* of this young woman. . v That. woman will not answer questions be-, cause she is ;i . probably -afraid of . prosecution. - ; . ■■•-■ ' Lawyer Singer.-, was resuming.;; .^his argument whe.nffie\ coroner lost? pa'tiencel , "Get the Crown solicitor here." he told counsel. "I will adjourn the case for an hour. This matter must be gone into properly." The Crown solicitor, Lawyer Meredith, was unable to look into the authorities at such short notice, and the case was adjourned until the following morning, when there was a further adjournment until Monday morning. Little progress m breaking down the wall of silence which is the chief characteristic of this case, was made on Monday. Mrs. Dannefeard completed her evidence, and others who entered the witness-box were Geo. A. Colnett, Mrs. Doris Bauer, Percy S. G. Sowerby, and Mrs. Colnett. " "I decline to answer," was a frequent response of most of the witnesses to questions and the coroner once more adjourned the inquest, with the remark: "I don't propose to close it; it is most unsatisfactory." . v. The proceedings at the resumption of the inquest and any other developments that may occur will be fully reported m "N.Z. Truth" next week.