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The Argus (Melbourne, Vic. : 1848-1954) (about)
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Cite: http://nla.gov.au/nla.news-article5855849
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GEELONG COUNTY COURT.
THURSDAY, OCT. 5.
(Before Judge Forbes and a Jury of Four.)
REID V. CAKEBREAD.
The above case was resumed this morning. Mr. Molesworth for the plaintiff, Mr. Higinbotham for the defendant.
Mr. Wm. Burrows, examined by Mr. Moles- worth, deposed to being in the hospital ward on the 16th August, when he heard Mr. Cakebread state that he would like to know what all the noise was about and what was going on on that Sabbath evening when the doctor and Mr. Bradley were so irritated at the nurse, and swearing going on until about 10 o'clock at night, when carbolic acid was thrown about the ward. He also said the doctor had got rid of an inconvenient wit- ness by removing her into a ward likely to cause her death, and where she did die. He did not remember the word dungeon being used.
Mr. Reid recalled, stated he addressed the meeting immediately after Mr. Cakebread, but before entering the room he asked leave of his colleagues, Drs. Walsh and Shaw, to be present, as they were opposed, with himself,
to the action of the House Committee. He stated the woman Mrs. Kenworthy suffered from heart disease with other complications, and was confined for nearly 10 years to her bed. He objected to the House Committee, in her case especially, taking and hearing complaints without consulting him. Letters were then read from Messrs. Woolley and Harwood to defendant, demanding an apology, and a reply denying that the words had been used. This closed the plaintiff's case.
Mr. Higinbotham then addressed the Court after which the following witnesses were called for the defence :-
Mr. G. F. Belcher, chairman of the House Committee, remembered receiving a complaint from Mrs. Kenworthy, and Mrs. Shaw, the matron, The report of the House Committee, read by Mr. Higinbotham, was a correct state- ment of what took place. Witness was pre- sent at the meeting held on the 16th August. There were about five speakers. Heard Mr. Cakebread address the General Committee. He was indignant, stating he considered the doctor had failed in proving his case as against the House Committee, and taxed him with defaming the character of Mrs. Ken- worthy after death. Defendant never used the words stated in the first count, nor did he use any words which could bear the construction put upon them. Defendant said there ought to be an inquiry into the cause of death. The ward from which Mrs. Ken- worthy had been removed was light and airy, and that into which she was removed was a dark passage.
Mr. W. F. Ducker, mayor of Geelong, gave evidence to the effect that the impression conveyed to his mind was that the re- moval of Mrs. Kenworthy from one ward to another might have hastened her death ; not that it was intended to cause death. Did not think defendant said an inconvenient witness had been got rid of, but that an inconvenient witness for Mr. Reid had gone.
Mr. Wm. Cakebread examined, stated that he never uttered the words, nor implied them, in or out of the hospital. He said it would have been more honest if Mr. Reid had stated how many members of the committee he visited privately, and asked if Mr. Reid would account for the carbolic acid which had been thrown about, offensive to the patients, and that he would like to know what took place on the 15th and the whole of the 16th, the Sunday, in relation to Mrs. Kenworthy, as, according to Mr. Bradley's statement in the minutes, both he and the doctor had been excited ; that he had been guilty of swear- ing to the matron up till 9 at night. Wit- ness had heard of this as a member of the House Committee, and put the remarks as interrogations. Did not say the words in the first count, and never thought of accusing Mr. Reid of sending Mrs. Kenworthy
to another world.
Mr. Gillespie, in evidence, stated that he understood Mr. Cakebread's accusation to mean that Mrs. Kenworthy was an incon- venient witness as against the head nurse, not as against Mr. Reid.
Anna Maria Shaw (matron) and other wit- nesses were called, and gave similar evi-
dence.
Mr. Higinbotham then addressed the jury for the defence, and Mr. Molesworth for the plaintiff.
His Honour summed up, and the jury retired at half-past 6 o'clock, and at 9 p.m. returned a verdict for plaintiff, damages
£50.
A disease of a peculiar character has at- tacked many of the cattle at Bulban, near the Little River. The animals become paralysed in their hind quarters, and are totally unable to rise. Several in this state are not expected to live. It is conjectured that some ingredient in the water is the cause.