DEATH OF MRS KLENNER.

Taranaki Daily News, Volume LII, Issue 11, 6 February 1909, Page 6

DEATH OF MRS KLENNER.

MOUSED COMMITTED FOR TRIAL. The hearing of the charge aguiust Dr. <ioodc was resumed yesterday morning "before. Mr. 11. S. Fiuhcrbert, S.M. -The Magistrate said he had been reading the depositions, and noticed that "'Mrs. Clare's evidence of Mrs. KJeiiuer's 'statement to her was that she spoke of 'how she had beeu injured, adding the 'words, "I feel 1 am siuking." He had "been under the impression that the account <sf the attack upon her had been prefaced by these words, as it Siiou ! d 'have been to render the evidence aa-

'uiissible. Mr. Johnstone said that his objection to that particular evidence was based \ipon the fact pointed out by the Magistrate. 1 Sergeant liaddrell gave evidence of the arrival of accused at the New Piv'mouth police station at 11.20 j>.m. on -December 14th. Dr. Goode was very •much excited, and repeatedly lisked for iMr, Fitzherbert. Constable Mclvor and Mr. Wilkes endeavored to quieten him i iind aUo to get him into the cell. Whilst accused was in witness' office Constable iPrice handed certain exhibits to wituess, foui.prisiug some revolver bullets, cartridges, and empty cartridge shells, in Another parcel were five cartridges. The 'revolver was also handed to him by the t'pilstabHe. .When the pince-nez wore llianded to him by Constable Price, witness picked them up in his fiugers. The glasses caught accused's eye, and lie said, <4 Give *me those glasses/' Witness you won't want them to-night, Xloctor." Took a handkerchief from accused, who requested to be allowed to keep jt. Witness replied that he eonld 1 have jto use for it, as lie was not bleeding. Accused was persuaded and taken out to the;yard, but at "the cell door ■refused to go further. Constable Mcdvor (picked hi& up.ind carried him into the • cell. Whilst fixing him up and making !hinx comfortable, witness noticed accused had another handkerchief in his jhand, and Constable Melvor took it tfrom-hinu Accused asked for it, but Iwitness said ir No." He asked, ''Are you (frightened that I would choke myself fwith it?" and he replied, "Oh, no, docitor." The cell was then locked, and Constable Reardon instructed to keep Un eye on him during the night. Next Vlay Mrs. Kleimer's dying depositions 'were taken at the hospital, accused toeing present, also his solicitor (Mr. IWilkes). Witness pointed out to accused where he was to stand, about a tfoot away froin the bed on which Mrs. •Ivlenner lay, tQld him to listen to what fwas being said, and that if anything was "said that he couldn't hear he was to speak out and say so. When lie .(witness) had finished the examination he said to accused, ''Could you hear all that 'was said, doctor?" and lie answered, f'Yes, thanks/' Accused was invited to -ask questions, through his solicitor. At the conclusion of the evidence accused was removed to the gaol. Constable Reardon, stationed at New •Plymouth, was present when Dr. Goode arrived at the police station at New (Plymouth, and saw him locked in the tell, taking charge of him from tint : time till a o'clock next morning. Every fifteen minutes he satisfied himself that 'accused was all right. During the night ; he was quiet, sitting on his blankets in 'the corner of the cell. If he could detect no movement, he called out, "Are you sill right, doctor?" nffld he replied, '"YoO 'During the night he asked for and was 'given drinks of water, which was supplied from a bottle through the bars =of the cell. i Constable Whitehouse, stationed at : New Plymouth, deposed that at 5 o'clock oil" the morning of 15th Decern--I>er he took up the duty of attending ■the prisoner then in the cell. He was the accused. He was on duty till !) : o clock." Accused asked for a drink of 'water, which was given. Accused seemed •to'be perfectly rational. At one time . he asked, I here for?" Witness answered, "You've been already told/' Accused said, "I don't know what I am here for. Yesterday a Jot of fellows came in. I thought it was a bad case at the freezing works, I went out. ami" they took to me, and knocked mo about." Witness then asked him, "Are •you hurt?" to which he replied, "My > head is very sore" Accused asked to

be allowed to have a wash, and he also asked to be allowed to come out, but could not oblige him. Whilst he Hvaa on duty the cell door was not opened, Alfred Ernest Jackson deposed that on the nigfht of 15th, 16th and 17th December, from 10 p.m. to 7 a.m., he was . employed to watch accused in his cell. ■Saw him about every five minutes through the grating. The door was not opened. Accused was quiet and was reading through part of the Jfirst night. On the 16th he was about ,»the same, but on the 17h he slept more, 'mainly in the earlier part of the night. To the Bench: He could not say what ■the accused was reading. • Dr. 11. A. McCleland. gaol surgeon at IX'ew Plymouth, deposed that he saw •the accused about moon on the 15th December. He saw at once that accused was suffering from excessive alcoholism. 'He was rational enough, and answered iwitnes*' questions rationally. Touching the patient's head, lie asked: ''What is the reason of this. GoodeV' He reiplied: "That is the way the d police (knocked me about; they all tried to anurder me." Saw him again at half- . past lour, when his condition was much •the same. On the 17th his condition . had improved, mentally and physically, i To a question by tlie Crown Prosecutor as to whether accused had referred Ito "what happened on the 14th, Mr. Johnstone raised the point as to whether the confidential relations existing /between patient and doctor did not •here arise. The Magistrate ruled that ith* objection did not obtain in this case.

Continuing, witness said Dr. Goode stated repeatedly that he had bo reeol ileetoii of what happened prior, to hi-s ■capture on the 14th. which, however, i'e •.recollected. Accused had drawn witness' attention to the fact that he i(Goode) had lost a tooth, giving witness 'to understand that the tooth was knocked out when the capture was •made. Accused stated that the tooth nvas the one which he held- the wire to hvhich Ills' false teeth were fastened. {Accused at first tohl witness that the •wound in his throat was caused by the nvay iu which he had been handled, but •later on one occasion he stated that he •believed the wound was due to a bullet, ibut he did Hot know how it had occurred. From the first Dr. Goode's condition caused witness considerable anxiety. . From the later conditions of the wound and the# conditions generally of •the patient witness thought it advisable 'that another medical man should see •him, and Dr. Wylie called on the Sunday afternoon. On the following day accused was removed to the hospital. (Witness was present when the bullet -was extracted from the neck. » John Terry, clerk of the Magistrate's Court at Xew Plymouth, produced the •information laid on the loth December •against accused, who was brought before the Court, which then adjourned •to the hospital, to the room where Mrs. Klenner was lying. Mr. Fitzhprbert. H'M., witness, accused*, his solicitors. (Dr. Leatham, Dr. Walker and others were present. They took the evidence of Mrs. Klenner, as given to Mr. Fitz•herbert, in the presence of tbe accused. The evidence was then read over to M' < •Klenner, who signed with her mark, as •Dr. Deatham had previously stated that •she could not he asked to write byname to each sheet of her evidence. The •deposition* were then handed in as evidence an 3 fend by witness. Sergeant •Haddrell examined Mrs Klenner and Mr Wilkes cross-examined her. Sidney, George -Millington. governor of »\v ♦Plymouth gaol, was present when ao-1 cused was brought to the gaol on the i . morning of 15th December. By his ap- j pearance witness would say accused had ! ■been drinking Very heavily. He was -rational and quiet and gave no trouble -at all. About the third day after coming to the gaol accused asked witness t otaee the police l about a revolver thai. 4ie said,, "this woman had in her house.'' ■WltHc:a replied; "You had better mention tie matter to your lawyer; T have nothing to do with your ease." Accused seemed to have recovered himself that . week before he went tothe hospital, so far-ashia mental condition was concern- ■ : «d. WitneM was not cross-examined.

' YOU BE MINE, OR I'LL SHOOT YOU,' I refused, aud lie fired two shois at mo at short range, aud 1 fell over. ]l'j! tried to fire u third shot, but the revolver would not go off. I heard hhu say 'Are you dea<\V 1 never answere'd, as 1 was afraid. 1 lituard him say, ' I <iiii going to get home more whisky and fiuMi myself: lie then slammed tho dour and wc.it away. 1 did not see him >»iiiee till now," Cross-examined by Mr. Wilkes for accused), she* said: "Accused was driiiik. I could not say how Ion;;' be was in the room. He was, very excited. His language was very! unusual. He was very angry before l| refused his request. He had been drinking for days. J could not say if he could walk straight. He tried to shoot himself, but the revolver would not go off. He was always my medical adviser since lie has been in Waitara. lam quits friendly with him. I think lie must have been out of his mind, or he would not have done what he did. Accused was mad with whisky. X judged from his appearance that he was out of his mind/'

This closed the case for the Crown, his Worship stating for tlie purposes of this enquiry ho did not think it was necessary to have Mrs. Clare re-called. • Accused wa* then formally charged. '.Mr. .Johnstone! intimating that ho had no statement to make, and reserved his defence. i ■ Hi* Wor-diip stated in coming to ;> decision in the ea«e ln» intended lo eliminate fioin hi* mind all statements made by Mrs Klenner to Mr<. Clare and others, as it was for the Judge to tie eide whether theso statements were admissible as evidence or not. Without that, however, there was no doubt that .there was a case, for committal, and accused was accordingly committed to the next sitting of the Supreme Court ft •New Plymouth for trial. lu reply to Mr. Johnstone, "Mr. Fitzherbert made an order for a copy of the depositions lo be supplied free of cost to the defence. : The Supreme Court session opens in New Plymouth on 10th March.