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It concerns a submission made on his behalf to this Court that "In view of the 'not proven' verdict against Captain Gemmell and the various critical statements made about him it is a remarkable thing that he was given no opportunity for further comment when the Commissioner decided to make further enquiries of the police sergeant and Mr Chippindale at the conclusion of the hearing of evidence". If Captain Gemmell was to be left enveloped in "justifiable suspicion" this is something that certainly should have been done.
David Gemmell of Lake City, Michigan, am a poor tired woman, threatened with nervous prostration, have already chills of apprehension running down my back, coupled with flushes of expectation to my head."
Gemmell? 'Yes, said I, though my heart sank, and I didn't see why he couldn't have addressed any other one of the committee; 'anything wrong with her? 'Not yet, said he; 'but there will be pretty soon if somebody doesn't look after her. There's a scheme on foot to take her off to Chicago to sell a book so they say. 'Good gracious! Nobody would dare! 'Wouldn't they, though? said he.
So far as your observations are concerned what would you have to say regarding Capt. Gemmell's conduct and behaviour in the course of his duties there.... I have no reason to doubt Capt. Gemmell in any way shape or form. Have you ever suggested otherwise to anybody.... I have not." Then he was cross-examined by counsel for the Association whose witness he had been earlier.
The sight of her dear brother on the floor paralyzed Elspeth, who could only weep for him, and call to him to look at her and speak to her. But in such an emergency Grizel was as useful as any doctor, and by the time Gemmell arrived in haste the invalid was being brought to. The doctor was a practical man who did not ask questions while there was something better to do.
Her second, which was neater, was to send by messenger her compliments to Mr. and Miss Sandys, and would they, if not otherwise engaged, come and have tea with her that afternoon? Not a word in the note about the ankle, but a careful sentence to the effect that she had seen Dr. Gemmell to-day, and proposed asking him to meet them. Maggy Ann, who had conveyed the message, came back with the reply.
It was acknowledged by all parties, including the Commissioner, that the reference to Captain Gemmell in paragraph 352, concerning a notebook belonging to Captain Collins, was a mistake. The Commissioner evidently had in mind some evidence given by Captain Crosbie, the welfare officer of the Air Line Pilots Association.
But she laid aside her indignation at once; he was so old a friend, the sincerity of him had been so often tried. "If you must know, David," she said, with a girlish frankness that became her better, "I am not engaged to be married. And I must tell you nothing more," she added, shutting her mouth decisively. She must be faithful to her promise. "He forbids it?" Gemmell asked mercilessly.
Gemmell return to N.Z. with may have contained some documentation from the crash site which was beginning to return in significant quantities from the various people on the crash site including the police."
And in the end the Commissioner himself decided that neither this nor other evidence could justify a finding against Captain Gemmell that he "recovered documents from Antarctica which were relevant to the fatal flight, and which he did not account for to the proper authorities".
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