The Wain Case.

Otago Witness, Issue 1640, 28 April 1883, Page 13

The Wain Case.

(Continued from Page 9.) Wednesday, 25th April.

The remanded charge of manslaughter against Frederick and Margaret Wain was continued* Blspeth Mitchell was recalled by the Crown, and gave evidence regarding what occurred on the night the deceased was taken home by Mr Ogg. Mrs Wain appeared to be quite upset about the boy having to be brought nome, and she called several times to Job, who was in bed, to ." give it to that Henry." When Job went into her room she said that Henry had made her excited. During that week Mrs Wain on one occasion complained of deceased,, and witness said if he was her boy she would, send him to the Industrial School. Mrs Wain replied, " I will have no hand with him, as he is not my boy." Mrs Wain said the boy when very young used to call-out to his father in the middle of the night, " I want you, daddy," and she had hard work to break him off that habit. During last week witness was there, while accused was in the kitchen and the deceased in the back bedroom, she (Mrs Wain) used to call, out in a mocking way, " I want you, daddy." She complained that deceased was the cause of all her upsets with Mr Wain. This was when witness proposed to lease a place near the Maori Kaik from Mr Russell, and offered to take the child. Mrs Wain said that was the place for him, as he could not run away amongst the wild Maoris. Mr Wain, who was present, said the Maoris were right enough people. To Mr Denniston: I have seen no person since the day before yesterday about this caso. Mr Denniston : Have you spoken to Sergt. Macdonell since Monday? I ask you that, Mra Mitchell. Witness : I won't answer it. Mr Denniston : Will you tell me why? WitneßS : I don't know that I am called upon to tell you whom I spoke to. Mr Denniston asked the Court to instruct the witness as to her objection. ,■ Mr Logan (to witness) : You will have to answer the question. Mr'Denniston : Will you answer it.now ? Witness declined again to answer the question, but on being pressed, said "Yes." She said she was absent-minded at the inquest, and that ehe ought, to have said what she stated to-day, because people were saying that she should have acted differently towards the boy. She did not remember on Monday what she Had said to-day, but told it to Sergeant Macdonell. Witness , called at Sergeant Macdonell'B office on a little business oi her own. - ' ' . Daniel Joseph Conroy, a warder in the Dunedin HospitaL gave evidence regarding the condition of' the deceased when taken to the Hospital. He stated that he was a wellbehaved boy, and of cleanly habits. Sergeant Macdonell repeated the evidence given i>y him at the inqueHt. Dr De Zouche also gave aimilar evidence to that given by him at the inquest. He had no reason to suppose the deceased was addicted to bad habits. On the other hand, he found him cleanly, intelligent, and not a bad boy at all. In October, when witness examined the boy, he was spare, and afterwards, when examined in March, he was very thin. The ulna or inner bone of the left arm was found on the occasion of < the latter examination to have been fractured. Witness also described the bruises found on the boy's body at this time. Deceased said to witness that his mother broke his arm with the broom-handle. He alao Baid his mother (Mrs Wain) caused the' bruises on hia back. At the 'post-mortem examination held on the 29th March, in conjunction' with Dr Drew, he found the lungs full of miliary tubercle. There was also miliary tubercle on the pleura, or membrane of the lungs j v and tubercular deposit in the brain, bowels, liver, and kidneyß. By miliary tubercle he meant the first stage of tubercle — when freshly deposited ; and Dy tubercle was meant a cell growth of low vitality. The two tubercular masses which were found on the cerebellum'were not miliary, but of longer growth, and /known as yellow tubercle. Witness could not tell how long the yellew tubercle had been deposited. With regard to the miliary tubercle, he concludedthafc trie disease had begun in the lung about' the beginning of March, and had spread' to, the brain and other organs of the body, constituting the disease known as acute tuberculosis. In this case the inflammation and the deposit of tubercle in the lung were one and 'the same process, it being tubercular inflammation — an unhealthy inflammation. -Tubercle could not be formed without localinflammation. Thecauseofall tuberclewas alow state of the system, either constitutional or acquired. Witness' belief was that the boy had" a 'tendency* to' tubercle, and under some debilitating" influence , a limited amount of tubercle might be deposited in any part, and this ..tubercle softening became yellow— the usual result. The immediate cause of death was tuberculous inflammation of the membranes of the brain. The tuberculous inflammation of the lung might be caused by various things— such alfcold, any depressing influence, want of air, etjerciee, light, food, or any depressing illness. It was only under such circumstances that tubercular inflammation occurred in persons who were not predisposed to it. 'At this Btage the case was further adjourned till 11 o'clock to-day.