A SERIOUS CHARGE

Southland Times, Issue 18937, 10 May 1923, Page 6

A SERIOUS CHARGE

LUMSDEN HOTEL-KEEPER BEFORE COURT COMMITTED FOR TRIAL At a sitting of the Invercargill Magistrate’s Court yesterday, before Mr G. Cruickshank, S.M., John Thomas Gwynne was charged with procuring an instrument on or about January 16, knowing it to be intended to be unlawfully used to procure a miscarriage. He was further charged with supplying an instrument knowing it to be intended for the same purpose. Accused was represented by Mr Eustace Russell, and Detective-Sergeant Carroll prosecuted. On the application of the police, the Court was cleared. Outlining the case, Detective Carroll said that the accused was the licensee of the Railway Hotel at Lumsden. His wife went away about December last and the accused advertised for a housekeeper. The chief witness in the case applied for the position and secured the appointment. It was alleged that the accused became familiar with her and she became pregnant. The accused said that he would get something to “fix her up.” She did not use the instrument, but that did not affect the case. Evidence-on these lines was given by an unmarried woman, who said that when she applied for the position she told accused that she was married, but was separated from her husband.

Evidence was given by the medical superintendent of the Southland Hospital of the admittance of the last witness, her condition, and treatment for abortion.

Janies Grieve said he had seen the instrument produced, or one like it, on a previous occasion. He also told the first witness that he had been told of the condition she was in. The witness told him that she had got the instrument in the accused’s room.

Detective Carroll closely questioned the witness with regard to an alleged previous statement. The witness, however, maintained that his present evidence was correct.

Claude Summers Edgar, chemist, said that he had supplied ihe accused with the instrument produced-, or one similar to it on qr about January 18. As he did not have it in stock, it had to be ordered, this taking place in the first two or three days in January.

Cross-examined, he said that he had never seen the first witness till that morning. Accused never spoke to him about it from the time he ordered it till witness delivered it. Accused told witness that he had received a blackmailing letter from a man who had previously come to the hotel as the husband of the first witness. He had handed the .letter to the police. Gwynne said the letter also accused him of procuring abortion. Witness believed that he had expressed the opinion to the accused that the instrument in question was not a suitable one for procuring abortion. One of the accused’s children came over twice to ask if the parcel had come. A female witness said I hat she had been employed at the hotel for a short time. Witness described the terms on which accused and the first witness were, and said that Gwynne told her in the first witness’s presence that the latter got no wages but got whatever she wanted. Witness had been dismissed from the hotel, the reason being that she was unsuitable. Detective-Sergeant Carroll said that on March 22 he interviewed the accused, who denied that he had supplied an instrument to the first witness. But he admitted having got a certain instrument from Edgar, the chemist. Accused said that it had been for his own use. Witness asked for the instrument, and the accused gave it to him. In a statement (produced) accused denied having had intercourse with the first witness, and said that she used to go out with another man a lot.

This concluded the evidence /'or the Crown. Mr Russell said that the whole case rested on the unsupported testimony of the chief witness. *She had told an extraordinary tale. He commented on the fact disclosed by the evidence that the chief witness, a single woman, had been living with another man as that man’s wife. After criticising the evidence on further points, he submitted that the case should be dismissed.

His Worship said that he not quite make up his mind to dismiss it at the pre,sent stage. Accused would be committed for trial at the next sitting of the Supreme Court. Bail was allowed in the sum of £2OO.