Alleged Quackery.

Gisborne Times, Volume V, Issue 43, 20 February 1901, Page 3

Alleged Quackery.

TOIIUNGA CHARGED WITH CAUSING A MAN’S DEATH.

At tho Magistrate's Court yesterday, Harata Euvotiti was charged, before Mr Barton, S.M., with unlawfully killing Tumi ltawhi at Murewai on November 25th last. Mr Lincoln Eccs appearod for defendant. Mr Nolan (Crown Prosecutor) conducted the prosecution, and said the case was brought undor Sections 160 and 161 of the Criminal Code. Hera ltawhi, widow of Tumi ltawhi, said that he was taken ill, and wont to see Dr Hughes on November 4th. The last day on which he saw Dr Hughes was on a Tuesday, ten days after the first visit. Then witness attended the deceased at Awapuni. Mrs Hands assisted. The -doctor first told witness to give deceased chicken broth, milk, and lemon drink. He also said .that Tarni was to bo kept in bed. These instructions were obeyed as long as witness remained at Awapuni, the consequence being that lie improved. "When the treatment concluded he was fairly well. Then Tami was taken to Murewai and placed under the cave of accused, she having told witness to bring him. She took deceased to Harata on the Friday before ho died. Harata said Tami was not suffering from typhoid, but from mate Maori, the result of the incantation of some Maori, and that if brought to her he would soon recover. When Tami alighted from tho buggy in which witness drove him, Harata told him to go into tho sea with her. He was stripped and went in, accused going in also up to her knees. She told decoascd to go further in so that the wator might cover him. He went, and when he got to the deep placo he ducked under. As he rose a heavy sea struck him and knocked him down, upon which Harata commenced to laugh. Witness went to him to bring him ashore, and asked Harata why she laughed. Harata replied that it was not Tami who fell in, but the ovil spirits who had afflicted him. Witness protested that slio had seen Tami fall, and not the spirits. She led him back to the settlement. He had been able to walk to tho sea, but she had to lead him back. On return to tho settlement Tami was left outside Harata’s house, with his clothes on, and a blanket and shawl for covering. The sun had by this timo gone down, and witness erected a tent for deceased, which took an hour, accused’s husband finally coming to her assistance. Deceased remained thore all night, it being the custom for sick people among the Maoris not to go into the housos. During the night he became worse. Harata was not there on Friday evening, being in her own house, some 2 chains away. Ho was very hot, and accused recommended cold wator for him to drink as the best remedy. ~ At about twelve that night deceased asked witness to fetch Harata, who would not come, saying deceased was all right. Before sunrise Harata came and said deceased was to be taken again to the sea. Witness pointed out that it was then very cold, and that tho bath would bo hotter when it became warmer. Accused said, “No; vou had better take him at once.’’ Witness, however, refused to take him, and deceased asked for some tea. While she was away getting the tea, accused took deceased to the sea. Witness followed thorn up and protested against the proposed treatment, suggesting that if | washing was necessary deceased could | bo washed in a basin. Harata said, “ Cease talking. In two days ho will be well.” Accused ducked deceased under the water three times, and then brought him to land, where he was dressed. Witness noticed that his gums were quite white. He was then led back to the tent, accused preceding hum On arri\ al accused came with a pannikin of flax-water, which she caused ; Tami to drink. Deceased had not been able to walk to the beach unassisted in the morning, His \ illness increased, and he commenced during the afternoon to gasp, as though he would die. As lie lay in the tent he was fed with fish, potatoes, cold water, and tea (without milk). Eraira Rawarau was the party who cooked it. On Saturday night he began to get cold, and he sent for Enoka to come and pray with him. This was about 11 o’clock at night, and on Sunday morning Enoka gave liiui a pannikin of flax-water obtained from the accused, and he died. Deceased had continued to improvo right up to the time of being taken to Murewai.

.(By Mr jnees : ; jjae went to uuurewai:on the -Thursday before, ;sha took Tami to Harata to get some fish from Moana'/Mrs Donaldson). The fish .was for- • -witness and Mrs ;Harris. -On (that*'date '-Harata told her what .Tami was suffering-from, and, witness ‘ took' him ' because,. Harata appeared’; to) be;.much' .quicker .than' the European ’doctor/ saying she could cure him in two days." They reached Mure-' wai ■at ‘ about half-past four, and it would be about an hour after that when deceased had,.his [grst./bath. She took her time from _ the sun. Accused could not- have • got ashore from, the first "dip 1 without- ’ assistance/' l '“"DrX Hughes said that deceased',was.to be kept in bed. but if he got up lie was) not to .leave his room. : The first time he was outside was on the occasion of his going to Murewai. The Eriday and Saturday on which deceased was dipped were Cold days, and it rained on the Saturday.'/Only deceased and witness were in the tent,- Harata prohibiting others. nThe tent was distant from the beach some six chains.. Flaxwater was a well-known laxative, and was generally • used ‘among‘the- -Maoris. The .flax-water, had not. the usual effect. She concluded that Enoka had got his flaxwater from accused. because she had said that she was preparing some for him. j Be-examined by .’Mr/Nolan-: Her husband died on November,. 25th. It might have been ~6n ; 'November 16th ; it was something with'a five in it. She knewjii was'the 25th/because they weiit to Mure rvai on November 7 23rd. Deceased .liyed only twenty'minutes"after having the lasi flax-water. Hoi husband’s age was 23. " Emma/THams) resident, at Awapuni assisted', to -nurse Tami during . the fore part, of his illness, while he was under-D Hughes’ treatment. Dr., .Hughes’/, in structions were carried out; She remembered deceased being taken to Murewai, having spoken to him on the way., The U -f.-/-n+mnr,a ‘ VtpnV-f*pin].

otherwise he could not have been moved to Murewai. -i His wife’-was -astonishingly capable in the way she looked after her husband. "Witness had;;liad:-a‘good; deal of experience, of sickness, and she considered tha't'if Dr Hughes’ treatment had’ been continued Rawhi would have been alii'e/now.'-- She lived quite close to where deceased-lived;;’~ J , u ,' .■ ■■ i Dr Hughes .'deposed be, had;., attended Taini 1 first, 3rd, " deceased coming, with his 'wife, to witness,. who told him that he had fever and ( ought to go home and go to bed. He continued to “ attend him daily 'to ' the 7 ' 14th (lie thought). The case seemed a very ordinary ease..of: typhoid, of moderate severity. Mrs Harris was the nurse. He, impressed upon them. the necessity' of keeping Tami in bed, and feeding-him on liquid diet o and milkI,’-'and 1 ,’-'and lie believed tliat’ the : instructions ’ were carried out. Certainly; the mail improved.-' -His" temperature, which at the commencement of his visit was 104, had fallen at the end 61 ten days to 101. " He" believed that, if the treatment had; been continued ;'the' mail would have got,’ through : his trouble : all right. On., the day that he discontinued treating deceased", Mrs Rawhi called on him, saying that her husband thought he could get on without a medical man. The treatment that had been " meted out to deceased at Murewai was about the worst that could he given to' a man in the most critical; stage of fever., Putting; him in’the cold sea water on a cold day would probably cause congestion of the lungs, and give the patient a bad chill. Feeding on tea, potatoes, and fish, was bad in such a case. One would certainly not give such a case a purgative (this was in reference to the flax-water), owing to the

ulceration, of rthe bowels that ’characterised fever, so that absolute rest' might be-en-joyedr i Perforation of the bowels would probably cause no discharge. . The treat: ment- undergone! Oby-Tlawhi would be almost certain to accelerate death,-“There were a number of patients in the Gisborne Hospital suffering-from fever, and such .treatment would probably kill them; riDei 'ceased was a strong,'healthy man. ( ‘JL ; By Mr Bees : He did hot know of his own knowledge the "strength ; of. the flaxwater administered. In a case of typhoid fever, at; tlie third or fourth week, to give .a strong purgative would run a strong risk of perforating the bowels. >:• He, was not saying that this had occurred. The treat! ment of which they had heard was: pro: . bably not necessarily: fatal.. It was difficult tosayj not having seem the patient for ten days before death, but'death would probably follow the, treatment, described. Very often death supervened ordinarily hi the "period mentioned. He could not say what was the state of deceased at the time he left' for Murewai, and he had not seen the deceased after death. ! Dr Craig, the medical officer at the lios! pital, stated' ‘that ill a case of typhoid of the third or fourth; week, to walk .the patient 150 yards‘'and’dip him nf'theysea would ‘probably-kilhhim.'!sTo add to this potatoes, tea, and shark, with two pannikins of flax-water, would make matters worse, as the diet alone would be nearly enough to kill him.!:.'To give a strong purgative in such a case would be highly

dangerous. ---" . ] By Mr. Bees ; :It would be his opinion that the treatment given at Murewai would certainly kill.-a man. Of course it was hard to say positively what would kill a ihari. For instance,'a’man had been known to live : after .a bullet had been through' his 'brain, but generally the opinion was. that this , would kill, a man. Still, they could not, go putting ’bullets through people’s brains to get more 'definite information, any more than they could go treating fever patients in. the manner described to see how many could stand it. - auu£i

Wahanui Harakeke, resident at Te Arai, remembered going tp Murewai with Mrs Eawhi and Tami on November 23rd. He saw accused" there," and ..saw Tami walk unassisted to the sga. That was all he saw, and he heard nothing said. ByMr- Reetf;ftTheyfreahHeUj 'Murewai near eyeiiing. 'Ho joined’the party near TedArair •-He 'did mot know what-time' they arrived at Murewai, nor did lie’ see deceased go into the water. That was all he saw. ' ' f ■ “ ■! '

This concluded the case for the prose oucion. 1 j

Mr Bees submitted that this was hot a ease'which the Bench would be 1 justified in sending’to the higher tribunal for consideration., The offence was laid under sections 160 and 161 of the Criminal Code, section 160 reading.;. “ Everyone who by any act'or omission’caufes the" death of another, kills'that person; although the effect of bodily injury.caused to such other person be merely,to accelerate his death while laboring under, some disorder}, or disease arising from.’some,other,cause.” This seemed' technically; killing,-but he submitted that it was" riot’such a case as the Grand Jury or even: a commonVjury would convict on. ::And: he took it that Bis Worship would conclude that. where ihere was not reasonable chance or possb : jility of a conviction being finally obtained jefore a jury,fthat, ! following'the ordinary •ule of the Bench, ; that casCshbuld not be ,ent for .' .trial.: ; The evidence was very dear. Deceased had suffered from, and >een medically treated for, typhoid fever, a rouble bad enough’ 'in-itself. He pointed. iut; however, that the tune that had lapsed between the time Dr; Hpghes lasi aw the man and ’the' tirnd of''his‘ death endered it impossible to state definitely whether the man would have died in any ase, or whether deqidr,had .been aceele] ated by this treatoehtr 1 The Magistrate held that a prima facie ase had been made out,"and:after 1 admin, stering the usual caution, committed larata'for-trial, she reseiying her defence] •ail of JE2OO was allowed in two sureties l £IOO