INQUEST.

Timaru Herald, Volume XXV, Issue 1577, 16 November 1876, Page 3

INQUEST.

An inquest was commenced at the Resident Magistrate's Court yesterday, at 11 a.m., on the body of the infant of Mrs P. Hart, b.-fore B. Woollcombe, Esq., Coroner, and the following jury :—Thomas Turnbull. D. Miller, C. Bowker, T.Harney, W. Blyth, J. King, a. Cliff, J. Sullivan, J. S. Gibson, A. Weaver, J. B. Stansell, W. Priest, Q. Green, T. O'Drkcoll. Mr Cliff was chosen foreman. The Coroner, m opening the proceedings, said that he thought it right to make a few remarks upon the case. It was owing to the peculiar circumstances of the case that he hid thought it necessary to have an inquest. The facts were that a woman m this town was confined of an illegitimate child, and that from speeches made by lhat person, it was suspected that some irregularities had taken place m connection with this child, who died very shortly - after its birth. There was also another peculiarity, and that was that the mer'ical ninn who attended to the case took away the body of the child. It was found m his possession, and that he had cut portions of it up. Upon these grounds, he thought it necessary to send for two medical men who lived at a distance from thiß place, to examine the body and give evidence, m order that there could be no suspicion of any collusion for or agiinst this medical man, if there was anything wronij m what he did, and m order that he might have a fair and impartial hearing. He thought it would be very difficult, if not impossible for the medical men to say whether ther.- had been foul play or not. The jury would hear the evidence of the medicil man who attended the confinement, and all the other evidence that could bo furnished. There was another peculiarity, and that was that people had been saying that they were certain that the child had not been fairly treated. On these grounds, he thought it was necessary for the good of society that there should be a clear report of the case, and if the mutter were cleared up, and it was shown that the death was caused by accident, the charge of impropriety would not attach to anyone; and if anything wrong was done, and any persons were proved to be guilty of it, they would be brought to justice. Inspector Pender was m uttendance to conduct the examination. The Inspector eaid : On Monday last from nf'irnntion I rJC3ivecl, I instituted enquiries as to the death of this child. At half-past five that evening I went to Dr Cole's house and saw him on the subject. He informed mo that he had bpen m attendance on the mother of the child and that she had been confined on the previous d»y. He said that, he did not think therrf w.is anything wrong m the matter. He ha I been m attendance and went away. He returned to see the patient and found the child pirtly born. I asked him if he hud any idea where the child had bepn buried. Ho said that the child had lived for a short time, that ho saw it breatho a couple of times after ho arrived,' and with the mother's conspnt he brought it away the same evening. He said that ho then dissectod it. He pointed out the brain m the vessel it is now m, and the windpipe iv another vessel. He also showed me one leg. He said he was about, to give n lecture and was making experiments on the body. I told him that I believed there would have to bo an enquiry, and that. I should have to report the matter to the Cn-onpr. I went away then. I returned nt about ten that night, and told him that I ha 1 reported the matter to the Coroner, ami lhat 1 should like to take possession of the body. I asked him if he would give me nny further information on the subject. He replied that he would give mo any information ho possessed most willingly, aud that I should have tho body. I asked him if medical men could tell what the child died from without the lungs. He said that he had buried the lungs wit.h another portion of the body. He went into the garden and dug the portion of the bxly up m my presence. The portion comprised the breast, m which was the heart as well as the lungs. He brought this portion of the body into tho house and put this with other portions of the body into a bucket and sealed them up. The bottles which contained other portions of the body were also sealed. I brought the remains away then, and have had charge of them sime. Sarah Salek said : I am the wife of Morris Salek living m North-street. I know Mrs Phoebe Hart who lives nearly opposite to my residence. She is a widow. She has two grown up daughters, Leah and Jane, and other children. I did not know until last Monday week that Mrs Hart was prognant. She acquainted me with the matter herself. She asked me if I could advise her what to do. I advised her to go to Lyttelton and be confined these. I understood that she was going to Lyttelton, to leave the child there and come back again. She wanted to know what she would do with the child. She said the ("lightest little squeeze would do it. I did not know what she meant. I cannot remember whut led to this conversation. After my conversation with Mrs Hart her daughter Jane came m, and eaid " I will choke the thing." My servant, Catherine O'Brien, was present. That was on the Monday a'luded to, and Mrs Hart went to Lyttelton on the same day. I advised her to so to Lyttelton to prevent the affair being made public. She returned to Timaru on the Wed nesday following the Monday that she left, coming by the midday train. I saw her on the Saturday evening after she returned — last Saturday evening. She wae sitting by tho kitohon fire. She told me she was not well, and was going to send for Dr Cole. She said that she was going to be confined. I said I would come over if I was wanted, if Mrs Hart got worse. Leah Hart said, " Thank you; we can manage." I went away. I was never sent for after. I saw Jane Hart m our shop on the Monday morn ing following. I asked her how her mother was. She replied, " Oh, she's all righi." I said is your mother confined ? She said, " Yes ; she has been confined of a girl." I said how is the baby ? She said, " Oh, it's dead." Thtt was all the conversation then, except, that I asked her about the disposal of the child, and she replied that Dr Cole was going to see it buried. In answer to a question from a juror as to whether Mis Hart provided clothing for the child, witness Bftict that she only got one set of clothes for it j also, that she was confined about the time that Bhe expected to be. ' In answer to a question from the Inspector witness eaid that Mrs Hart told her the child was illegitimate, and [that her husband died about three years ago. An adjournment of three-quarters of an hour here took place. George William Cole said : I am a legally qualified medical practitioner m Timaru. I was engaged some months ago to attend Mrs Hart m her confinement. On Saturday nightlast her eldest daughter came for me between nine and 10 o'clock. She burst into tears and said that I was wanted immediately at her mother's. I went to Mrs Hart's at once and found the patient m the early stage of labor. I remained with her an hour or two. I then left, leaving word that I was to be sent for if wanted before morning. At six o'clock on Sunday morming I was called out of bed to attend Mrs Hart. I went to hep house and remained till about 8 o'clock. I told Mrs Hart that I should not be wanted before dinner time, and returned at noon. I went home to get some necessaries,, and about 2 o'clock I was Bent 'or and fol'owed the messenger down. When I arrived at the house the head and trunk of the child were born. The umbilical cord wa« once completely round the neck, W hen I entered the room one of the girls said " Thank God," This was ssjd

as I was opening the door. I untwisted the •ard an .l severed it. Tho child was then breathing imperfectly. It did not cry. I endeavored by the usual means to establish the breathing. It then seemed to breathe better. I used Silvester's method of artificial respiration. The child was then placed m blankets and a shawl, on the floor, where I could see it, while I attended the mother. It was so far recovered that I could leave the child while attending the patient. I was attending the patient without observing the child particularly for about 20 minutes. The eldest daughter assisted me m attending to the mother. I could hear the noise made by the child's breathing while m the blankets. I raised the arras again to use Silvester's j method, but it only gave one gasp and then died. The lips and tongue were coldish. I told the mother the child was dead. She seemed incredulous. She said words to the effect that perhaps that it was wicked to say so, but that she could not be sorry that it was dead. Her daughter Leah kissed her mother then, and her mother said, " I deserve it, don't I ? " as much as to say that she did not deserre it. I remained two hours with the parent. She was raving about the disgrace she had brought on the family. I left, saying that I wou'd call m the evening. Before going I asked her if she had any objection lo my taking the child. I told her that I wished to preserve the skeleton. She told me she had no objection to my taking the child. I (rent m the evening, at about 8 or 9 o'clock. The child was then m a waterproof cloak. I took it away m some brown paper. I dissected it as produced at this inquest. Previous to the confinement, Mrs Hart had several times asked me to find somebody to wetnurse the child. I #ent her to one woman, but she faid she was unable to find her residence. She told me that she hud been unable to find the place, about a week before the confinement. The child was a male. I think the child lived about fifteen minutes after I entered Mrs Hart's room. I could not pay particular attention to the time, as I was occupied over the mother. I should think the child was born about a quarter-of-an-hour before my arrival. I think it was v full aged child. It was lean. There was not I much fle*h or muscles on (he body, nnd the ' skin of the lower extremities was pallid. Its ' face was a dusky, dirty color when I saw it ' first. Subsequently its f>ice became pale. I When I arrived the whole of the child was ' covered ; partly by its mother's clolhe3 and ' partly by the bedclothes. The mother had ' her petticoats on. It was not favorable to ( the child's breathing to be coveied up. It. ' did not strike me as peculiar that the child ' was covered up, as I have seen numerous ' cases m which children have been covered • up when born without hurting 'hem. Icohld ' not account for the child dying without it was from exhaustion. Ido not know t where June Hart wns while I was attending Mrs Hart. I saw her afterwards. Whon I * went into Mrs Hart's room to a' tend the con- ' finemt-nt, Mrs Hart and her daughter seomed I excited. Mrs Hart said to me, " Quick, ouick, the child's born." I suppose it was my fault I that the child was taken away, and not interred and registered m the usual way. Mr§ Hart had spoken to me about the disgrace the matter would bring on the family, and I advised her to go away, and be confined m another neighborhood. In directing the body I noticed that the brain was congested. I did not dissect the body with a view of * finding out the cause of death. I dissected it : for purposes of my own. Congestion of tho 1 brain occurs with suffocation, but congestion does not show that the body has been suffo- d cated. Ido not know what caused the death. I certified that death resulted from suffocation by the umbilical cord. Ido not think the post mortem has thrown any light on the * cause of death. My impression since the post mortem i 3, that the child died through * debility caused by the suffocation by tho cord. d The certificate was not given until after tho a Inspector called on me. I did not notice any v disoloration m the livid color of the neck. n I could not Bay whether the cord was put round the neck after it was born. I should d say that it was not tightly round it. Tho * cord might have caused the face to be dusky. I never knew anyone m the colony to take & away a child as I did the one under notice g without its being registered. 8 In answer to a juror : Witness said that Mrs Hart, told him that sho prepared clothes F for the child, and that he saw some on a box P m her room. t Jane Hart said : I am the daugbter*of * Phoebe Hart. She is a widow. She has & been a widow for three years. I live with my t mother m North-street. I did not know my mother was pregnant till last Monday week, F when she told Mrs Salek. She went away on d that day and returned on Friday last. She was taken ill on Saturday night. When the g confinement took place on Sunday I was at- H tending to the children m the kitchen. My s sister Leah and Dr Cole were m my mother's J" ; room when the confinement took place. I i' was not m the room at any time while the o confinement took place. I saw the child when ' Dr Cole took it away. Ido not know why Dr ti Cole took the ohild away. I did not hear my t' mother express any wish that the birth should t, be kept quiet. My mother's condition got c reported about the town on Friday last for h the first time. My mother did not state m my hearing that she would do away with the a child privately. She said that if it lived she a would put it out to nurse. © Leah Hurt said : I am a daughter of v Phoebe Hart and live with her. It was on d Tuesday week that I first became aware of' d tho fact that my mother was pregnant. She went away on that day and she returned on a Friday last. I siw some baby clothes m the j 1 house on that day. I caw them first after she had unpacked her box. There wrro no baby C clothes m the house previous to this. T was present when my mother was confine'!. I was n never at a confinement before. I did not assist' my inot'ior before Dr Colo came. I to fetched- him, and he. returned a few minutes a after I did. My mother asked me if the » doctor had come. Isaidno. She said, "For 1' God's sake go for him." The doctor came m a few minutes after. I first saw the child a when the doctor took it from my mother, b He held it m his hands for a few a minutes ; he then gave it to me, and went to attend lo my mother. ° The , doctor told me to- wrap it m n blankets and come and help him. I wrapped f' the child m blankets as ho told me. I did c not. cover the face over. It. was br-aihing a .slightly. It scarcely breath-d at all after the a doctor cave it to me. I left the ohild and n went to assist the doctor. I not think the t child lived ten minutes altogether. I noticed t when the doctor first saw the child that there d wa« a cord round its neck- I said "Mother, *' whut have you done f It's a boy." I said, » that being a boy and illegitimate, it could not k be buried m consecrated ground without it B was circumcised. My mother said "What shall d I do." Dr Cole replied "Never mind, don't t, fret ; I'll get it buried for you." My mother v -was anxious to keep the birth of the child t quiet. 3 Robert Fish said : I- am a duly qualified a medical practitioner living at Geraldine. In f company with Dr Cumming I took charge of the three parcels shown the jury. I afterwards t made an examination of the contents m the * presence of Dr Cole. One jar contained the t eye and the larnyx, and the otber contained 1 the interior of the bouy. The bony part of t the skull had been removed m the way usually i practised by medical men. There was nothing unusual about the brain except that it was t a little congested. The lungs on being di- 1 vided, floated m water. A small part i of the lung did not float. All the other s organs appeared the same as those m a newly- I born child might be expected to appear, f From the state of the lungs lam of opinion i that, the act of respiration was not very fully 1 established. I believe the child, died from 3 imperfect respiration from a combination of < causes. Some of these were that it was a i weakly child ; it was covered with clothes I after the birth, and the cord, was round its 1 neck. iStuart McDonald Cumming, a duly quali- < fled medical practitioner, liring at Temuks, t

whi assisted Dr Fish to make a post mortem examination of the body, gave evidence corroborative of that given by the previous witness. He conld not tell what was the actual eaus? of death, but he came to the conclusion that the child's respiration had not been fully established. The respiration not having been fully established might have been the result of mechanical action, or waot of vital force m the body. The evidence of Dr Cole was quite sufficient to account for the respiration not having been fully established. The Inspector said that he had no farther evidence to offer. He would leave it to the Coroner and jury whether it would be advisable to adjourn the inquest for the production of further evidence. The police had not had much time to work up the case. The Coroner said that he would leave the matter to the jury. An adjournment was not applied for, and the Coroner then briefly summed up. He pointed out that it would be for the jury to determine whether the action of the parties m the case, and the expressions "The slightest squeeze would do it," and " I'll choke the thing," nnd other words, attached crime to anybody m connection with the death of the child.* Seeing that, the child was illegitimate, it was only natural that the family should try to conceal the birth of the child. Even if tho mother had intended any crime when she said that the slightest squeeze would do it, the expression was of no weight against her ; because it wns distinctly laid down by medical authorities that a woman m the condition Mrs Hart was m when the doctor arrived could not kill her child. It was, of course, doubtful what. Mrs Hart meant wh-n she said that the slightest squeeze would do it. Some stres3 might bo placed on the fact that one of the daughters of Mrs Hart declined the assistance of Mrs Salek m the confinement, meeting her offer with the expression, "Thank you, we can manage." He did not think that this expression showed anything against tho family. It would be for them to consider whether the cord was put round the child's neck for any purpose. The medical men had shown thnt it was a common occurrence for the cord to be there. He thou«kt that if they considered no crime hud been proved, they w^uld lihvo lo give a vcrdir-t m accordance with the evidence of Doctors Fish and Gumming, which bore out vory fully that given by Dr Cole He would remark th-it it was very unfortunate that Dr Colo removed the body uuder the circumstances. In the first, place the child whs illegitimate, and aa it died it was probable that there would bo questions about it. It was unwise of the doctor to remove the child. By so doing he might expose himself to doubts as to whether he had treated the cbbc properly, or other surmises unfavorable to him. After a. deliberation of about ten minutes, the jury returned the following verdict: — "That the nowly-boru cliild died from natural causes ; and the jury are of opinion that Dr Cole actor! unwisely m removing tho body proviom to the registration of death." The inquest came to a conclusion at 5.15