SUPREME COURT.

Gisborne Times, Volume V, Issue 92, 27 April 1901, Page 3

SUPREME COURT.

CRIMINAL SESSION. FLSefore His Honor Mr Justice Conolly.j YESTERDAY. Moan'A Paratkne, who had pleaded guilty on tire previous day to a charge of stealing a horse, saddle and bridle, was called on for sentence. Mr W. Douglas Lyanar, who appeared for the prisoner, pleaded for leniency, and called evidence as to character. Prisoner was sentenced to 12 calendar months in Auckland gaol, the term to commence at the expiration of the present sentence. TOIICN'dAS.

Yesterday Ilarata Paretiti, an elderly Native woman, was arraigned upon a charge that at Murewai on November 2oth, 1900, she did kill Tami liawhi. Prisoner, who was represented by Mr Lincoln Rees, pleaded not guilty. The following jury was empanelled : Francis Scott, J antes I frown. Wm. Gordon, James Harris, -J. W. Price, IT. J. Bendall, 3 as. Glassford, E. N. Sidobottom, F. Rates, W. Wilson, It. Robertson, and J. S. Allan. Mr James Rrown was chosen foreman. The Crown Prosecutor f .Jr Nolan) opened the case. The evidence of Hira Jtawhi, Emma Harris,, and Wahanui Tiara was taken, being to the effect that Tami Rawhi (deceased) had been taken from the care of Dr Hughes and put in the care of the accused. The patient had then been fed on potatoes and shark and given llax water. He had partaken ravenously of the potatoes and shark. Deceased had also been soused in the sea. Dr. Craig deposed that he was medical ollieer at the Gisborne Hospital, and had had a large experience in typhoid fever eases. Mr Nolan : In your opinion what would be the effect on a patient in the third or fourth week of typhoid of being walked about six chains, dipped in the sea several ■ times, and that process repeated '! Dr Craig: It would be likely to kill him.

Mr Nolan: And if the first application were not successful, you think the next application would still he more likely to kill him ■> Witness: Certainly. Continuin',', Mr Crai" said that it won l

_ — i oi •' - - *6 ,y Ijc running a grout risk of killing a patient to give* him a meal of potatoes and shark at that staler. The effect of a large quantity of llax-water —if a strong purgative, which lie could not say—would he very dangerous with such a patient. To give the patient fish, llax-water, and potatoes in two days would he almost certain to kill him. It would he a combination of all that could lie done short of wilfully trying to cause his death, If a patient died on tlic third day after such treatment in the two preceding days lie should attribute the death to the treatment, lie knew nothing of the individual ease, hut such treatment as described would he certain to kill or accelerate ihe'dcath of a patient at such a stage.

JJy Air liocs : lie; could not be us certain us ii matter of iiriLlmiotic that a person would die in such a ease, but with the description given lie regarded it to bo a medical certainty. Mis Opinion as a medical limn was that would lull the patient. If the distance walked were lessened by half it would not alter tire opinion lie had expressed, IniL of course the greater the exertion the greater the danger. If the patient partook sparingly of shark and potatoes it would make a difference. Mr Jlees : What do you base your assertion on '!

Witness: I. was told a hearty feed, and when a Maori takes a hearty feed it generally moans a great deal. (Laughter.) If the food were partaken of sparingly the damage would not he so great. The symptoms of typhoid fever were not always alike.

Mr Itces was asking whether an unskilful person could toll that it was fever. Witness said that such a person would not he able to tell it at any stage. His Honor : The evidence goes further —it says that she declared he had some other complaint.

Mr tiees : JJut further evidence will he taken.

His Honor : 1 am taking the evidence given.

Mr Rees ; Evidence may be contradicted.

Ills llonor : Vos ; evidence generally can lie contradicted. Continuing, witness said Unit medic's schools iliftcfeil as to the treatment ol typhoid fever. Some doctors prescribed cold baths, IniL not at the temperature of the one described. A patient, generally speaking, should attain a normal tompernture in 21 days. Ice was sometimes applied to lower temperature, lie could not say whether shark differed from flounder or any tisli except by reputation. He had not tried it, but the reputation of shark was that it was tough and undigestible. In typhoid fever there was a recognised system of dieting by which some men of ability allowed solid food in cortain cases—it would depend upon the exact nature of each ease ; it might bo bonoticial in some eases.

By Mr Nolan: .Baths were a part of the cold-water treatment: they began with a high temperature, ai;d were worked down lower, and the treatment must ho scientifically carried out. There was no such treatment ns sousing a patient in the wator at any stage of the disease. The solid food treatment was also a scientific system of dieting, and did not mean placing a meal before a patient. In the third or fourth week of typhoid, a patient who had been kept to soft food would take a large meal if allowed Solid food. Care was required all through, and the risk was not over at the 2lst day. By llis Honor: He had heard that part of the evidence which related to the patient being ducked in tho sea. Hr Hughes deposed that he had attended the patient referred to until the 14th November. The patient was being nursed by Mrs Harris, a competent nurse. No solid food was allowed, It was a ease of average severity, and tho temperature was being reduced each day. When he was told they thought they could get on without a medical men, lie told them that the temperature, though reduced, was still high, and he gave them instructions to he very careful. If the treatment were continued he believed the patient, who was doing well, would have pulled through. The treatment as to being put in the sea, would certainly have accelerated death, ancl in many cases would have directly caused it. Tho third or fourth week was always a critical stage, and the majority of deaths occurred then. His Honor : So that your treatment left off just when it was most necessary ? Witness : Yes, just at that time great care is needed, and among the dangers then is that of hemorrhage. Continuing, witness said that the treatment described, such as that of the drastic purgative Hax-watcr, was the worst that could possibly have been given, and he would attribute the death to it. Cross-examined by Mr llees, witness said that in all human probability the treatment described would kill any patient. Further questions failed to shake the testimony of the witness.

Sergeant Siddells deposed that complaint in this case was first made to him on the sth of December last.

-This closed the ease for the prosecution. Mr Bees said the only evidence to bo called would-bo to show that the treatment was not so severe as set out, the treatment being much more moderate than that so highly colored in evidence, upon which the medical gentlemen had based their opinion. Hiraina A warn, after a loug preliminary narrative, deposed that Tarui had arrived at Hareta's whare sometime after dinner, and- was taken from the buggy and sat down' outside. He lay there for some time. She went into the cook-house, and on coming out saw the other three going towards the water. It was a fine day without wind. She had cooked the food, which was the ordinary meal—shark, bread, and tea. She knew nothing about flax-water —she had left on the Saturday

morning. ...Here, to Awarau gave corroborative evidence, and in cross-examination said that he was at the time being treated by the prisoner himself. He had had pains all over his body, but was getting well at this time.

Kihara, husband of Hareta Pahuwa, gave somewhat similar evidence, and said

that water was Hareta’s medicine. He went on to say, after having stated that he was 150 yards away, that he had heard his wife tell Tami to lie down in the water. The two women poured water on Tami, and the latter bowed his head as the waves came to get his back wet. He was not in the water more than ten minutes. Hr Rees was varying this question, when Mr Nolan objected. His Honor : You must not prompt the j witness.

Mr Rees : I do not wish to prompt any witness. What is the jury to infer by not more than ten minutes ?, His Honor : That is the esc-ess of time.

Mr Rees said that he did not wash to leave the inference that it was ten minutes.

His Honor : All right ; he is your witness ; have it your own way. But Ido not think the jury will believe a word this witness says. Ido 7iot. Continuing, witness said that on one occasion Sarah had asked Hareta to take Tame into the water because he was hot, but Hareta had declined, saying that she had something else to do.

Another native was called, but beyond the fact that he had prayers with Tame, tic could give no information of importance. —•

Sergeant Siddells was re-called, and positively stated that it was not possible from the verandah to see what was going on in the water, as stated by one witness. The Court adjourned at 5.3.5. At ten this morning counsel will address the jury.