Stella Maud, Dr. Coombe and 'Unlawful Use of an Instrument'

Abortion?

Abortion?

Stella Maud, Dr. Coombe and 'Unlawful Use of an Instrument'

Summary: Mary Ann's daughter Stella Maud gets into trouble, and she and her boyfriend do a deal with the family doctor to fix the matter. Things don't go to plan and Mary Ann finds out. The doctor is charged with 'use of an instrument'. The case goes to trial but at the trial Mary Ann and her daughter have a serious lapse of memory and the doctor is discharged.

It's fairly evident from this that Mary Ann and her daughter were 'got at'. It's also interesting that there was no suggestion of contempt charges being made against them. The most likely scenario explaining this stems from the fact that Coombe was their 'lodge' doctor, and that husband George was a member of the Olive Branch Lodge and a friend of the doctor. Under these circumstances, it's surprising that the charges weren't sorted out much earlier, ie that it was let to go so far.

[Stella Maud Griffin married Stanley Jevon Williams in 1917 (aged 26) and died in 1942, but I found no children in Australia, so perhaps Mary Ann's fears were well-grounded.]

*** Advertiser Saturday 13 November 1909

A SERIOUS CHARGE. CASE AGAINST DR. COOMBE. COMMITTED FOR TRIAL

Dr. Ethelbert E. S. Coombe, of Port-road, Hindmarsh, was charged on remand at the Police Court on Friday afternoon, before Messrs. J. Gordon, S.M., Isaacs, and Downs, with having used a certain instrument on a young woman with felonious intent. Bail had been used in two sureties of £100 of one of £200. The Crown Solicitor (Mr. C. J. Dashwood) prosecuted, and Mr. E. E. Cleland appeared for the accused. The case was heard with closed doors, the public having been ordered out of court.

Mary Ann Griffin, of Coglin-street, Brompton Park, stated she had a daughter, Stella Maud Griffin, aged l8. She had known the accused for 33 years, and he had attended her family. In December last her daughter became acquainted with Frank Tunbridge, who was recognised as her suitor. At the time her daughter was working at Mr. Dowie's boot factory. About the middle of December her daughter became ill, and Dr. Coombe was summoned. The witness told the doctor that her daughter had strained herself while at work. The doctor attended the girl and used instruments in the witness' presence. The accused told the girl not to go out, but she did so on December 28, and became ill. On the morning of December 30 the accused used two instruments on the girl. The witness told the doctor that he was deceiving her, and that there was more going on than appeared to be the case. The doctor replied, "Nonsense, woman, there is nothing of the sort." She said, "Yes, there is, doctor. You have taken the finest daughter I have, and have destroyed her life." She added that she thought her daughter was in trouble, and that he was trying to bring on a certain result. The doctor admitted that such was the case. She asked, "What did you do it for?" and he replied that he had done it for the sake of the family, because he had known the witness' husband so long. He said he thought it was through Frank Tunbridge her daughter had got into trouble, and that he would see him and send him to her. He thought the young man was willing to marry the girl. Frank Tunbridge came on the following Sunday morning with his father. She would not allow the accused to see her daughter again, and he said to her, "If you don't allow me to see her and another doctor is called in it will mean that Frank Tunbridge and I will go under."

To Mr. Cleland-The accused was her lodge doctor, and she had been present during all his visits to her daughter. When her daughter had gone out against the doctor's orders she had visited Glenelg, and had eaten pies and ice cream, with the result that a rash broke out on her face. The girl had not been able to return to work till after April.

Stella Maud Griffin, daughter of the previous witness, said that as a consequence of her intimacy with Frank Tunbridge she got into trouble. She sent for him, and in consequence of what he said to her she went to Dr. Coombe's surgery about December 10. She told the doctor that Tunbridge had sent her, and he examined her and told her she had been in a certain condition for three months. He gave her a prescription to take to a chemist. Pearl Preston, who had gone with her to the doctor's, also accompanied her to the chemist's, where witness obtained some medicine. Frank Tunbridge had given her some pills. About three days after her

visit to Dr. Coombe, she went again with Jean Coombe, who waited outside. The doctor asked the witness if the medicine had done her any good, and she said it had not. Dr. Coombe then used an instrument upon her. She went again to him with Pearl Preston and he said he could do nothing further, so that she would have to tell her mother she was ill and her mother would then send for him. She followed the doctor's instructions, and her mother sent for the doctor, who told her mother the witness had cold and then used an instrument upon the witness. The doctor came again. On December 28, against the doctor's orders, she went to Glenelg and did not return till after 11 p.m., and next day felt very ill. The doctor called and gave her some medicine. The doctor did not use an instrument then or afterwards, and on the following day a certain event happened. When she was getting on all right the doctor called again.

To Mr. Cleland-The instrument used by the doctor at her home was the same as that he used in the surgery. She did not remember half of what occurred, and because of the lapse of time was not sure whether what she had said in evidence was true.

Horace Ernest Hawke, striker, of Queen street, Brompton Park, brother-in-law of the last witness, said that on the first Saturday after December 28, while he was at Mrs. Griffin's house, he heard Mrs. Griffin say to the doctor in the parlor, "You're deceiving me." The doctor said, "Nonsense, woman; what makes you think so?" Mrs. Griffin said, "Do you think I have had the number of children I have without knowing anything?" The doctor then said, "Well, Mrs. Griffin, I was doing it to save the family from disgrace, as I knew you and the girl's father." Mrs Griffin said, "You have taken the strongest and healthiest girl of mine and ruined her. Dr. Coombe replied, "Oh, no, Mrs. Griffin, I have not ruined her; it will be all right." Mrs. Griffin said, 'Well, I will not allow you to see the girl any more; I'll call in another doctor." The doctor said, "Well, if you do so that will mean that Tunbridge and I go under." Mrs. Griffin said, "It has not been done to save disgrace; it has been done for money." The witness asked the doctor what was to be done in the matter, and the doctor said:-"Tunbridge will marry the girl: he told me so. Let me see the girl, and I'll send Tunbridge to you." Mrs. Griffin would not let him see the girl.

Frank Tunbridge said he had gone to Dr. Coombe and told him that the girl was in a certain condition. The doctor told him to send her to him and he would determine whether the witness' fears had any foundation. Subsequently the doctor told him the girl was in trouble and the witness asked what he would charge. The doctor said £10 and the witness asked could he not make it cheaper. The sum of £8 was then agreed upon and the witness paid a deposit of £3. On January 3 he saw the doctor, who said to him, "We're in a ---- of a mess; that little fool has gone and told her mother every thing." He advised him to see her mother and he did so. There was a meeting at Mrs. Griffin's house, at which were present the witness, his father, Horace Hawke, Mrs. Griffin, and Mr. Ashton.

Mr. Cleland- Did Dr. Coombe ever ask you to marry the girl? - No, I wouldn't do that. I said I couldn't give a decided answer because there was no way of proving there was any reason why I should marry her.

You were not sure whether she had ever been in a certain condition?- I was not sure.

Did Dr. Coombe ever tell you that nothing had been the matter with her? - I don't recollect that.

What made you doubt? - I didn't think she was in a certain condition when they asked me to marry her.

To the S.M.- I said nature would tell, and I would then give a reply as to whether I would marry her or not.

Detective Fraser stated that about 3 o'clock on the afternoon of November 8 he saw the doctor in his surgery, and said he had a warrant for his arrest. The doctor said, "What for?" The witness read the warrant, and the doctor said. "I'll fight it; it's a case of blackmail." A little later he said, "There was no miscarriage; the girl was never pregnant."

In answer to the usual question, the accused said. "I make no statement, your honor, and I'm absolutely not guilty."

The S.M.-You do not plead here.

The accused was committed for trial. Bail was reduced to two sureties of £75 and one of £150

*** Register Friday 10 December 1909

TRIAL OF DR. COOMBE - A HOSTILE WITNESS "I DON'T REMEMBER" - ACCUSED DISCHARGED.

The spectators' galleries at the Criminal Court were crowded on Thursday morning a considerable time before the proceedings began in the case wherein Dr. Ethelbert Edred Sargent Coombe was charged with having, at Brompton, on December 10, 1908, and various other dates, unlawfully used an instrument on Stella Maud Griffen. The Bench was occupied by Mr. Justice Gordon, and His Honor intimated to the Crown Solicitor (Mr. Dashwood, K.C.), in view of the fact that previous cases of the session had been taken by Mr. Justice Homburg, that they should properly have fallen to his (Mr. Justice Gordon's) share of the work, but be had been engaged in other judicial duties, and Mr. Justice Homburg had presided over the Court until they were disposed of sufficiently to enable him to take his seat on the Bench. He mentioned this matter to remove any possible impression that the Judge selected cases for particular Judges to try.

The accused pleaded not guilty, and was defended by Sir Josiah Symon, K.C., and Mr E. E. Cleland.

A Mother's Loss of Memory.

Mary Ann Griffen, mother of Stella Maud Griffin, who she said was aged 18 years, deposed that she had known Dr. Coombe for many years. He had attended the family professionally. In December, 1908, Stella said she had strained herself in working at a boot factory, and accused attended Her. Witness, in reply to questions by Mr. Dashwood, said she did not recollect anything unusual, and could not remember certain conversations with Coombe about that time, as it was so long ago. She admitted having given "some sort of evidence" about them in the Police Court on November 12 last, although she did not recollect what, because she was confused and worried.

The Crown Solicitor asked His Honor's leave to regard the witness as hostile, and to cross-examine her.

His Honor—I think you may. I have read the depositions taken in the lower Court. What she says now does not square with them by a long way.

The Crown Solicitor repeated statements made by Mrs. Griffen in the Police Court, and asked if she remembered having made them.

Witness—It is no good confusing me. I do not remember. I have had trouble enough. It is a fact that Dr. Coombe came to the house to attend my daughter. He was my club doctor.

Did you say in your evidence on November 12 last,"He used instruments in my presence!" I am not sure. I may have done so. I don't remember what I said.

Is it a fact that be did use instruments? —I do not know if it is a fact or not.

Do you wish the jury to believe you do not know whether he used them or not?— No, I don't know. I have forgotten what was said and what was done. Did yon say he used an instrument?— I do not know whether I did. I may nave done so.

Were you sworn before you gave evidence in the Police Court?- I suppose I was.

His Honor—Do yon remember kissing the Book?-Yes.

The Crown Solicitor— Did you say to Coombe, during a conversation in your house, that he was deceiving you, and that more was going on than you knew about? — I don't remember. I may have. It is so long ago.

—Further Forgetfulness.—

Witness said she did not remember saying in the Police Court, nor could she say it was a fact, that Dr. Coombe remarked to her, "Nonsense, woman; there is nothing of the sort." She had no recollection of observing to accused, 'You have taken the finest daughter I have and destroyed her life;' nor could she remember laying, to accused, "Stella has not told me anything; I have thought what is going on myself."

You might as well tell us you did not say anything In the Police Court?-Well, I don't remember.

Did the doctor say

— Witness (interrupting)-I don't remember.

The Crown Solicitor (impatiently)—Why don't you wait until you hear the question? Did the doctor say, "I knew your husband so long, and I dit it to save your family from disgrace?"—No; I don't remember. I may have.

When did your mind become a blank? (Laughter.)-No reply.

Do you remember saying anything happened after Dr. Coombe used instruments? —I don't remember.

Did you make a statement to Detective- Sgt. Fraser?—No; I don't remember telling him anything. He had it down. Did you make a statement of the facts of this prosecution to Mr. Fraser?-I did not tell him anything in particular that I know of. He informed me my daughter Edith had told him all about it.

Do you remember saying to Mr. Fraser that you did not want to give evidence, but that if you had to come to Court you would tell the truth?—I don't remember saying so.

When did your mind become a blank? When did you begin first not to remember anything about this?—I could not tell you that. I don't know.

Have you been seeing anybody or talked to anybody about the case since the hearing in the Police Court?-No; I have talked of it to no one.

Have you sought any advice about it, then?—No.

-Witness Distressed.—

At this stage the witness collapsed, and His Honor said he did not think anything more could be elicited from her, as she was apparently so distressed. She could be recalled later. Mrs. Griffen was then assisted from the Courtroom. She was sobbing, and covered her face with a handkerchief.

Stella Maud Griffen, who produced a pardon from the Crown, said she saw accused and told him Frank Tunbridge had sent her. He examined her and told her she was in trouble.

Do you remember what happened?—I can't bring it to mind. I am confused. It is so long ago.

Did you remember giving evidence in the Police Court?-I gave my evidence; but I stated there that what I said I could not swear to be the truth.

You could remember then what happened better than you can now, I suppose? All the facts are fading away, from you, no doubt?-Yes.

When did you begin to forget?—I cannot say when, but I don't remember. I can't bring it to mind.

Sir Josiah Symon— She said the same thing in the Police Court.

— A Quick Answer.—

The Crown Solicitor— Have you seen any body since then?—No. (Laughter.)

Do not answer so quickly. What did you think I was going to ask you?— Whether I had seen any one to tell me what evidence I was to give. (Commotion.)

Oh, I see: you wanted to forestall me?

Sir Josiah Symon-Was not that what you were going to ask?

The Crown. Solicitor— No; I was not going to ask anything of the sort (Laugh ter)

— Acquittal.—

His Honor (to Mr. Dashwood)— It is evident that these witnesses will not substantiate the evidence they gave in the Police Court, which is the whole edifice of the case, and I do not see any likelihood of your being successful. It seems hopeless to go on. The only other corroborative witness would be Hawke.

The Crown Solicitor-No, Tunbridge. His Honor— Even in my view of a pardon to witnesses; I should tell the jury they should not convict on Tunbridge's evidence alone when these two other witnesses deny the whole thing.

The Crown Solicitor— Very well, your Honor.

His Honor— You are placed in a very difficult position, but the jury and myself can only go on the evidence, and the chance of conviction teems to be quite hopeless.

Sir Josiah Symon— Will your Honor direct a verdict?

His Honor— I understand the Crown withdraws,

The Crown Solicitor— Yes, I withdraw.

Sir Josiah Symon— I think we are entitled to a verdict.

His Honor (to the jury)-Seeing that the Crown Solicitor withdraws this prosecution, I suppose you will find a verdict of acquittal— that is. not guilty.

The jury did so, and the accused was discharged.

***

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