HAMILTON SENSATION.

Taranaki Daily News, 25 May 1921, Page 7

HAMILTON SENSATION.

DETAILS OF THE EVIDENCE. ANALYST’S INVESTIGATION. POISON NOT NOTICED AT ORIGINAL POST-MORTEM. A lengthy account of the evidence given at the inquest on Friday was published in the New Zealand Herald of Saturday. Parts of the report are quoted below:— Mr. H. H. Ostler,' instructed by Mr. J. Wyndham Hopkins (states the Herald) appeared for the relatives, Mr. T. Neave, of Wellington, for the National Mutual Life Assurance Company, and with him Mr. H. T. Gillies, who also appeared for the Government Life Department. Senior-Sergeant Matthew appeared for the police. The courthouse was crowded. LEGALITY OF PROCEEDINGS.

Mr. Ostler said he wished to point out that the proceedings were illegal from start to finish. The office of the coroner was a statutory one, and he had no greater powers than those granted by statute. There was no statutory power to re-open an inquest after the coroner had given his verdict. The coroner's court was a court of record, and the inquisition was a judgment. Counsel quoted English authorities in support of his contention, and also authorities to show that an inquest could only be reopened after the first inquiry had been quashed by the High Court. Counsel also submitted that the exhumation and taking away of parts of the body was also illegal, submitting that this could only be done by order of the Supreme Court. He contended the whole thing was conceived in illegality. He had to point out the position, but he had no wish to burke the proceedings, as they had nothing to hide. He submitted it was illegal, but if the Court decided to go on with the inquest he would not make any objection. The coroner said the Solicitor-General through the Commissioner of Police, had requested him to reopen the proceedings. He himself had a doubt as to their legality, and had considered the points mentioned by Mr. Ostler. However, it seemed advisable in the public interest to reopen the inquest, and as the police, solicitors, and relatives had acquiesced lie would proceed, and counsel concerned could take what steps they considered advisable.

Mr. Ostler agreed that there had been difficulties, but pointed out that where a Court had no jurisdiction the consent of parties did not give it jurisdiction. Dr. C. M. Hector, of Wellington, deposed to conducting the second postmortem, after the exhumation. He handed certain portions df the body to Dr. MacLaurin, Dominion Analyst. CARBOLIC ACID IN BODY. Dr. J. S. MacLaurin, Dominion Analyst, said he received portions of the body, and found carbolic acid present. Witness put in his report. Richard Hudner, undertaker, Hamilton, said he took charge of the body after it was recovered from the river, and conveyed it to his mortuary, where it remained till burial. No disinfectant was used. The bottom edge of the coffin was sealed with coal tar pitch. The body was in the mortuary for about two hours.. The grave was half-filled in when witness left after the funeral.

Keith Chapman, stock agent, Hamilton, said he had been employed by deceased for the past two years. Witness never knew deceased to use disinfectant about himself, and had seen none in his house. On January 26 witness and deceased went for a swim in the Waikato River. Witness was talking to deceased, who made no suggestion to him that he intended committing suicide. Witness did not smell anything about his breath to suggest carbolic acid. To Mr. Ostler: Deceased did not suffer from fits of depression or moroseness. He was usually very bright, and fond of a joke. He had pretty good health. On the previous Sunday they had been swimming together in company with W. and R. Burbush. Deceased and the other two had a race across the river for a small wager. They started from the bank together, and R. Burbush and W. Burbush were in the lead. Witness, who was on the bank, heard deceased call out, and saw his hands sticking out of the water. The Burbush men then brought deceased into the willows, and witness dived in and helped them. When brought ashore deceased was very white and “shaky” Deceased was all right next morning. He and witness went for a swim after dinner. Deceased dived in, and came out and sat on the bank while witness had a swim. Deceased seemed white and said he thought he had water running through his brain. DISAPPEARANCE IN RIVER.

On the day of deceased’s death witness suggested a swim. After undressing. deceased took a running dive into the water. He could not have had anything with him in the nature of a bottle without, witness seeing it, and witness did not see it. Deceased swam out, and then down the river about 24 yards, and then came on to a ledge and sat in the water up to his chest. Up to this time witness had seen him all the time, as after the Sunday incident he took special notice, in case deceased went down again.. Witness went up the river 12 yards for a minute, and from where he stood could not see deceased. Witness was away about 1£ minutes, but was talking to deceased all the time. Witness asked what he was going to do at Ngaruawahia, but did not receive any reply. Witness repeated the question, and again received no reply. Witness ran out, and as he could see no sign of deceased ran to where he had seen him sitting. He found deceased gone. Deceased could not have tdken poison at the bouse, neither could he have d no so while going from the ear to the liver, nor when they were undressing, nor when he was swimming. While witness was away for the minute deceased could not have walked back to his clothes without witness knowing, because witness would have noticed the variation m his voice if he had been moving. During the last conversation deceased was talking rationally. To the Coroner: Deceased could not have crawled or run from where witness last saw him without witness knowing, because of the conversation. He was only out of sight for about one minute. He’could hape got away if he had run fast enough. The banks were lined with willow trees. Witness saw no footprints of deceased having run away. Deceased might have got from where he was sitting without witness seeing him. although the’- were no traces of him having done so.

Dr. Hector was recalled, but Mr. Neave suggested that the doctors who made the first post-mortem should be called first, so that Dr. Hector would know first hand what their opinion was

"when the body was first recovered from the river. To the coroner, Dr. Hector said he was Government Pathologist, and was sent up by the Government, and was not giving evidence at the instigation of thee insurance company. EVIDENCE BY ANALYST. Dr. MacLaurin, recalled for cross-ex-amination, said carbolic acid could only penetrate the tissues of a body through a solution such as carbolic acid made. The specimens were not sufficiently decomposed to allow carbolic acid to pass through intervening flesh. The organs examined were all abdominal. The report showed that the various parts had varying quantities of carbolic acid in them. The quantity of the carbolic recovered was not the same quality as that in the usual disinfectant. Assuming that carbolic acid was taken by a person not more than 30 per cent, would be recovered by analysis. The presumption was that carbolic found in one portion of the body would be found in the

other. Assuming that only one-third was recoverable by analysis there were 60 grammes in the body, or a wine glass fill!, or about two ounces. The minimum fatal dose according to Blyth was about 15 grammes for an ordinary-sized man. The carbolic acid in deceased’s organs was far in excess of what was required to be fatal. To Mr. Gillies: Witness understood pumice soil, and with reasonable drainage a 'body buried in that soil should receive nothing from adjoining graves. If the bed of the grave was dry after the coffin was lifted he would say there was sufficient drainage to prevent filtration from other graves. If the coffin showed no sign of moisture outside it would show that nothing had penetrated it from outside. Re-examined by Mr. Ostler, witness said the total carbolic acid recovered was about one grain.

THE ORIGINAL POST-MORTEM. Dr. Francis D. Penfold, of Hamilton, said that on January 31, at the request of the coroner, he made a post-mortem upon the body of deceased. Dr. Garland was present, also Mr. Hudner, the undertaker. In making the post-mortem witness found no trace of carbolic acid. He made no chemical examination. If a person had taken a wine-glass full of carbolic acid it would have left traces on the mouth and lips. The heart was small and absolutely empty of blood. Deceased s heart was smaller than normal, and the wall of it was abnormally thin. If deceased was very warm whenhe dived into the water it would increase the shock and increase the work the heart had to do. The lungs did not do away with any theory that the man had been drowned, but finally he came to that conclusion. Witness had been, and still was, of opinion that death was not due to drowning. He reached the conclusion at the post-mortem that death was due to heart failure. If deceased had taken carbolic acid death would have been due to heart failure, as carbolic acid caused failure of the heart. QUESTION OF CUMULATIVE POISONING. Dr. A. I. Garland, of Hamilton, said he was present at the post-mortem with Dr. Penfold. Witness discovered no sign of carbolic acid in the body. To Mr. Ostler: He agreed with Dr. Penfold as to the cause of death. He also agreed with him that to take 900 grains diluted, deceased would have had to swallow two pints of liquid, and he would have expected to find a large quantity of the undiluted acid in the stomach. The stomach, however, was empty. To Mr. Neave: If the poison had been taken in small quantities over several days much of it would have been excreted* by the kidneys. In its passage through the body it would leave a burn, which would not do any harm. A small dose would do no serious damage, but if it were repeated each day there would be the cumulative effect of the poison. Re-examined by Mr. Ostler, witness said he had never heard of a man committing suicide by degrees, as suggested by Mr. Neave. The incidents on the Sunday and Monday were consistent with heart failure on Wednesday.

At 10.30 p.m. the inquest was adjourned. A large number of medical experts from the south have yet to be examined. FURTHER EVIDENCE. INQUIRY ADJOURNED. By Telegraph —Press Association Hamilton, May 24. The inquest relative tef the death of C. R. Smallfl eld was continued yesterday. Harry Cracknell, accountant, further deposed that he had in his possession a letter written by Smailfield to his wife on the day of his death. It was couched in affectionate terms. The letter was produced and handed in. A request by counsel that it be not read publicly was

acceded to by the coroner. There was no date on the letter, but the postmark was January 26, the date of deceased’s death. Witness said he was informed by Smailfield that he was called up for military service in the ballot, but rejected as medically unfit. Witness was rung up by Smailfield on the day of his death, between a quarter and half-past two. Deceased asked what was in the mail and asked witness to pay three cheques.- He also mentioned that he was going to Ngaruawahia. Witness had seen deceased every day, except Sundays, during the last month of his life. During that period deceased had not been ill. Deceased had not been pressed by his creditors. There had never been any summons for debt or threat to sue him. Counsel examined witness at great length, in an endeavor to prove that deceased was insolvent at the time of his death. Deceased had five motor-cars and one motor-bicycle, all used in his business. It was his usual custom to' charge up insurance premiums to the insurance account and the insurance policy as an asset. The sum of £648 had been paid in premiums to date. The yearly premium of the National Life Office policy was £312, and of the Gov-; eminent Life £lO2. In reply to Mr. Ostler, witness said that, at the time of Smallfield’s death, the financial stringency was not bad, and deceased could have carrited on and met the stringency.

To the Coroner witness said he could not say what reason Smailfield had for insuring himself for £15,000 unless as an investment. Witness was certain that if things were normal. deceased could have kept up the payment of the premiums. C. H. Pullin, insurance representative for the A.M.P. Society, said he told deceased the insurance would be paid

if he committed suicide, provided he paid the policy up for thirteen months. Deceased said: “Yes, that is pretty good.” Witness said, “It is worth another £sooo.’’ Deceased said, “Yes, I will consider it at the end of January.” Deceased had offered to bet a man £lOO he would not get paid out. The bet was not taken up. Deceased never mentioned that he contemplated suicide. The police deposed that they had made inquiries, but could not find evidence that deceased had purchased carbolic acid locally. The” had not made inquiries at Auckland. The Coroner gave instructions to the police to make inquiries throughout the province, and adjourned the inquest for a week.