SERIOUS CHARGES.

Otago Witness, Issue 3783, 14 September 1926, Page 56

SERIOUS CHARGES.

TWO WELLINGTON CASES. WELLINGTON, September 8. On the application of his counsel (Mr Cornish) the hearing of the charge against . Oscar Jacobsen, a well-known Wellington medical practitioner, regarding the alleged use of an instrument on a young woman, was adjourned. Bail in 1250 was granted, with one surety of £250. J Lily Hodge, known as Mrs Wilson, a married woman aged 32 years, was to-day ; committed to the siext sittings of the Supreme Court for trial on charges of aid-\ ing Elizabeth Ann Wylie, alias Nevill, in' 4 , the use of an illegal instrument upon Ella*! Sylvia Rush and Norah Cockram. , The two young women concerned gave evidence of having stayed at the accused’s . house in Wellington during the period in j which they alleged the illegal instruments were used upon them by Mrs Nevill. • Ella Sylvia Rush, a single woman, aged 21 years, residing at Aromoho, stated in l evidence that just prior to Christmas of last year she was employed by Mr Mangu-; son, licensee of the Aromoho Hotel. As a • result of her relations with t Manguson 1 witness became in a certain condition. 1 Following a conversation with Manguson,. she came down by car from Wanganui., Witness was taken to Mrs Nevill’s home,, and the same evening was taken to 81, Owen street, the residence of accused.l Witness was given a room at accused's, house under the name of Miss E. Moore. 1 The day following her arrival, in com-. pany with the accused, witness went backto Mrs Nevill’s, where Mrs Nevill performed an illegal operation upon her.Accused was at the house while theoperation waa performed. Subsequently* Mrs Nevill performed a number of illegal' operations upon witness, sometimes at herown house and sometimes at accused’s' residence. While witness was staying at ! accused’s, a girl named Norah Cockram : arrived. Accused subsequently came to witness’s room and said: “The girl has’ raced you.” 1 Chief Detective Ward: How many occasions was accused with you at Mrs - Ncvill’s to your knowledge?—About two : or three times.

The Chief Detective: Did accused make any mention of payment to you?—No. Witness stated that accused in her hearing that she got £3 for each girl, but only received £1 10s for witness. 1

MAGISTRATE RESERVES DECISION. WELLINGTON, September 9. Oscar Jacobsen, aged 60, a doctor, in practice at Wellington for many years] was charged to-day with inciting Rena Brown to commit the offence of permitting the use of an unlawful instrument or other mean to procure a miscarriage. Evidence was given by Frank Albert Maher, who stated that he was responsible for Brawn’s condition, and approached accused regarding the matter. Rena Brown, a domestic servant, aged 18 years, described various medicines given her by Maher. She stated that she went to see Dr Jacobsen at bis house. After questioning and examining her, Dr Jacob: sen told her that medicine would no do her any good. If she had come earlier he might have been able to do something for her, but he knew of a woman who might do something for her, and he wrote Mrs Nevill’s address on a piece of paper. As witness was going out, she asked what it would cost to go to Mrs Nevill, and he said 15 to £2O. That night, on June 30, witness went to Mrs Nevill. After that she went several times to Mrs Nevill, and was eventually caught there by the detectives. Her reason for going to Mrs Nevill was to see if she could do anything for her. Mrs Nevill said she could, and that it would cost £25.

Mr Treadwell objected to the relevancy of this conversation to a charge of inciting, but his Worship considered that if the conversation were part of the crime incited to, it was relevant. Mr Cornish said that as an instrument was not used on this girl, there was no question of accused being implicated in the actual commission of that offence. Mr Page said that the charge was inciting, and the subsequent actions of the girl, tending towards the commission of the crime incited to, and her conversations, were relevant to the charge of inciting. Witness, when questioned by Mr Macassey, said that Mrs Nevill agreed to perform an operation as soon as witness nad the money. Witness eventually got the money, but forgot to take it to Mrs Nevill on the occasion on which she was caught by the detectives. Cross-examined by Mr Cornish, witness said she was really under the impression that the doctor would be able to do something for her. When told that he could not she asked if it were too late for anything to be done He had told her that it was too late for medicine to do any good, so she had concluded that something could still be done.

Mr Cornish: Did you know that what you were going to do was criminally wrong?—No. Mr Cornish: Are you one of those covered by this indemnity from proceedings?—No. Mr O-rnisb: Do you know that no proceedings are to be brought against you?-*-No.

Mr Cornish said that in cases such as this the fact that an indemnity had beeu given should be stated. Mr Macaasey said that an application had been made to the Minister, but the witness was not aware of it. Mr Cornish: Dr Jacobsen never told you to go to Mrs Nevill? Witness: No, but the doctor gave me her address, and asked me if I knew Lyall Bay at all. He told me how to get there. After further evidence the Magistrate (Mr E. Page) said he would give his decision next week. Accused was liberated on bail.