A DRAMATIC TURN

Dominion, Volume 15, Issue 56, 30 November 1921, Page 6

A DRAMATIC TURN

DEVELOPMENTS IN SMALLFIELD CASE JURY DESIRES TO HEAR NO MORE EVIDENCE SATISFIED THAT SUICIDE WAS NOT PROVED Br Telexrranh—Presß .association. Auckland, November 29. A somewhat dramatic development occurred in the Supreme Court at 5 o’clock to-day, during • the hearing of the case in which Mrs. Lucy Smallfield, widow of C. R. Smallfield, of Hamilton, i» claiming £lO,OOO under an insurance policy on tho life of her; husband, the defendants being the National Mutual Life Association of Australasia, Ltd. After a large amount of evidence had been heard, tho foreman of the jury intimated that the jury did not desire to hear any more evidence. Tho evidence as it was satisfied them that the defence had failed to establish that deceased had committed suicide. The finding of the jury to this effect was accepted.

When tho hearing was resumed this morning Dr. McLaurin, Government Analyst, said that ho had been conducting experiments since he last give evidence. These experiments consisted in purchasing twelve sheep’s kidneys, four of which he inoculated with serum prepared from parts of Smallfield’s body, and four witu sorjim prepared by the Government Bacteriologist, the remaining four being untouched. The three lots were, placed m jars, and were kept in the dark for varying lengths of time. Then they were taken out” and analysed, to ascertain if any, and if fo how much, phenil (carbolic acid) had formed. The result showed that phonil was present in degrees varying up to .28 of a gramme per kilogramme, and had formed naturally in these kidneys. On these experiments witness stated it was quite possible for the amount of carbolic acid found in the body to have formed by bacteriological action. , , Dr. Giescn, of Wellington, who at the inquest had expressed the opinion that death was the result of small doses of carbolic acid, taken over a considerable period, said that in tne light of Dr. McLaurin’s present evidence, he had altered his view. His present opinion was that Smallfield might have taken carbolic acid qr sonic substance _ which would have produced carbolic acid, bnt that actually ho did meet his death by drowning. . Mr. Ostler, counsel for the plaintiff, said that ho proposed to move for a nonsuit on the ground that suicide had not been proved.. His Honour saidl that there was a presumption against crime being committed, and suicide was a clime. llie evidence had been eomewhat different from tho facts on which the case had opened, but the better course would bo to finish tho evidence and reserve the point raised' by Mr. Ostler. Mr. Ostler called evidence in support of his contention that death was duo to heart failure. Mrs. Smallfield said that her husband suffered from a seven* attack of influenza during tho epidemic. Ho was never well after that, and used) to complain of pains in his heart. Ho became less energetic, and rested after meals. Dr. Pinfold and Dr. Garland stated that they adhered to tho opinion they gave at the : inquest, that death was due to heart failure, caused' by shock. Other -witnesses gave evidence that Smallfield had had previous attacks which he attributed to his heart. Charles Dimmer, farmer, of To Kowhai, said that ho would have assisted deceased had) he been in monetary trouble. _ Kenneth MacKenzie, surgeon, said that tho symptoms described by some preceding witnesses strengthened his opinion that death was duo to heart failure. The experience of medical practitioners in Auckland, had' been that influenza in many cases had the result of leaving the patient with a permanently weak heart.

At this stage the jury made its pronouncement, which is quoted abovb. Mr. Noave, for the defendants, said that tho evidence regarding previous symptoms of illness had come as a surprise to him. If he had' known of it, he would have pleaded that the policy was vitiated by non-disclosure of material facts. His Honour reserved till to-morrow an application by Mr. Neave foj- an amendment of tho pleadings, and tho setting up of non-disclosure of material facts.