THE £10,000 CLAIM.

Taranaki Daily News, 30 November 1921, Page 5

THE £10,000 CLAIM.

VERDICT FOR THE WIDOW. SUICIDE NOT PROVEU WHAT ANALYSIS REVEALED. By Telegraph —Press Association. Auckland, Last Night. At the Supreme Court to-day the case in which Mrs. Lucy Smallfield, widow Smallfield, of Hamilton, is claiming £lO,OOO under an insurance policy on the life of her husband, the defendants being the National Mutual Life Association of Australasia, Ltd., was concluded. A somewhat dramatic development occurred at 5 o’clock, after a amount of evidence had been heard, the foreman of the jury intimating that the jury did not desire to hear any more evidence, as it was satisfied the defence had failed to establish that deceased committed suicide. The finding of the j ur .V to this effect was accepted. Giving evidence, *Dr. McLaurin said he had been conducting experiments since he last gave evidence, these experiments consisting in purchasing twelve sheeps kidneys, of which he innoculatcd four with serum prepared from parts of Smallfield s body, four with serum prepared by the Government bacteriologist, the remaining four being untouched. The three lots were placed in 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 so how much, phenil (carbolic acid) had been formed. The results showed that phenil 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 which he found in the body to have been formed by bacteriological action. THE CAUSE OF DEATH. Dr. Giesen, of Wellington, who at the inquest expressed the opinion that death was the result of small doses of carbolic acid taken over a considerable period, said that in the light of Dr. McLaurin's present evidence he had altered his view. His present opinion was that Smallfield might have taken carbolic acid, or some substance which would •hjave produced carbolic acid, but that actually he did meet his death by drowning.

Mr. Ostler, for plaintiff, said he proposed to move for a non-suit on the ground that suicide had not been proved. His Honor said there was a presumption against a crime being committed, • and suicide was a crime. The evidence ■had been somewhat different from the I facts on which the case opened, but a better course would be to "finish the evidence and reserve the point raised ■by Mr. Ostler. Mr. Ostler then called evidence in support of his contention that death was due to heart failure. Mrs. Smallfield said her husband suffered a severe attack of influenza during the epidemic. He was never well after, and used to complain of pains in the heart. He became less energetic and rested after meals. Dr. Pinfold and Dr. Garland stated they adverted to the opinion they gave at the inquest that death was due i to heart failure, caused by shock. Other ; witnesses gave evidence that Smallfield had previous attacks, which he attributed to his heart. LEGACY OF INFLUENZA. Charles hammer, a farmer, of Tekawhai, said he would have assisted deceased had the latter been in monetary trouble. Mr. Kenneth Mackenzie, surgeon, said the symptoms described by some preceding witnesses strengthened the opinion that death was due to heart failure. The experience of medical practitioners in Auckland had been that influenza in ’many cases had the result of leaving a patient with a permanently weak heart. At this stage the jury made its pronouncement. Mr. Neave, for the defendant company, said the evidence regarding previous symptoms of illness had come as a surprise to him, and if he had known of it he would have pleaded that the policy was vindicated by the non-disclo-sure of material facts. His Honor reserved till to-morrow an application by Mr. Neave for an amendment of pleadings setting up non-disclosure of material facts.