THE CHARGES AGAINST DR. RUSSELL.

Auckland Star, Volume XVIII, Issue 88, 15 April 1887, Page 2

THE CHARGES AGAINST DR. RUSSELL.

(BY TELEGRAPH.—TRESS ASSOCIATION.)

CiiuisTOiiUKCii, this day. Tin-, remainder of the evidence for the Crown was merely corroborative. Mr Strirru'or, who culled no witnesses, addressed tlie jury, contending that the evidence wiw unsatisfactory as to Mrs Bowcrn having counselled and assisted the young lady to have an operation performed. Connolly's evidence was that of an accomplice, and .should be received with a certain amount of suspicion, ■ : iiid was not materially corroborated. The evidence of Mary Lynch also seemed impwbuble, for it. could hardly be supposed that persons would talk of so important a matter with a, .servant who had only been two or three weeks in the house. There was nothing to show that Miss Wiltson was aware of the criminal intention of Connolly in going to Dr. Russell, or that she took any part in persuading her to commit the criminal

action. Mr Justice Johnston said that he had DOU.sid enable doubt whether there was sufficient evidence to go to the jury against Miss Wilson. If she accompanied ijonnolly to I>r. Russell's, knowing for what purpose sho was going, could it bo said that that was the act of an accessory jv that she was going to assist? .Mr Martin said that the evidence proved that she knew all along1. Mr Justice Johnston" said there was no ;lirect evidence that sho had intluenced the mind of the girl to have bhafc operation 'performed. It could nob bo said that she had procured, commanded or counselled the illegal act. He would consider whether he would direct the jury after adjournment. SejjtCßCc on tbc Prisoners. The jury after twenty minutes' retirement found Mrs Bowern guilty, and Isabella Wilson not guilty. Mr Martin did not oiler evidence in the case against Dr. Russell of procuration of Kate Fisher. In reply to Mr Justice Johnson, Inspector Fender .said Dr. Russell had never been convicted before, but he was bound to say that there was talk that he had to do with other cases, of a similar kind. Nothing was known against Bowern, whose family were respectable. • ■ ■■ In reply to the usual questions, Dr. Russell sad that 50 years ago it wns the custom of the medical profession to allow a woman to come near death's door before taking- action. Now, however, eminent writers laid it down that action should be taken earlier. This was all he had done in Ihe present case, lie had acted for the benefit 3 f others, and not for himself. He would be thankful to His Honor to consider his -jase as mercifully as possible. Ho had -■unbred beyond the power of language to describe since his arrest. He had lived six years in Christchurch, had worked hard, ■md had now lost everything, his diplomas included. He was 56 years of age. His wife and family wore left destitute, and. he ■;ould not see what they were to do as long as he remained in coniinement.

Mrs Bowern had nothing to say. Mr Justice Johnston said that he could not accept Dr. Russell's statement that he acted merely according to the dictates of modern science to save life. There was no doubt that ho had made a practise of performing such operations, and thus placing before young people great inducement to sexual immorality. Russell had rendered himself liable to penal servitude for life, and though he would not sentence him to that extreme penalty ho must pass a beiitencc that would be a warning to member:) of his profession snc.l the rest, of the community^ The sentence would be penal servitude of seven year* on each charge, the sentences to run concurrently. Mrs Bowern's case w;w different. She had been tempted by fear o$ Shaw, and nob by the desire- of gain, such as was the case with Russell. Still, here the case could not be treated as he might have done had she been a young girl who had yielded to temptation once. For the sake of detening others who might be tempted to commit a similar crime, as much as for the sake of punishing her, he must inflict a substantial sentence. She would be imprisoned and kept to hard labour for 12 months.