ALLEGED ILLEGAL OPERATION..

Auckland Star, Volume XXXVIII, Issue 165, 12 July 1907, Page 5

ALLEGED ILLEGAL OPERATION..

DR. DALZIEL BEFORE THE COURT.

James Dalziel was charged at the Police Court, before Mr. R. W. Dyer, S.M., this morning, with having on June 11 last performed an unlawful operation upon a young-woman at the-Waverley Hotel.

I Mr. Mays prosecuted, and Mr. Brookfield represented the accused. Mr. C. J. Tunks appeared for the young woman. The young -woman upon whom the operation is alleged to have been performed stated that whilst engaged as •waitress and barmaid at the Globe Hotel, Papakura, she became acquainted with Mr. W. H. Martin, junr. She left there in October, and eventually came to Auckland, and obtained a situation as barmaid at the Albert Hotel. In Auckland she met Mr. Martin frequently. On June 11 she left the Albert, and engaged a room at the Waverley Hotel. About 4 o'clock in the afternoon she went out, and met Mr. Martin at the Victoria Arcade, subsequently returning to the hotel. After dinner she. went up to her room, and was reading until about 7 o'clock, when a doctor came dn. She identified the accused as her visitor. After a few remarks, he told her not to be nervous, and used some instrument upon her. Just before the operation the light in the room was put out. The doctor was in the room altogether a little over twenty minutes. A little later she paid her bill at the hotel, and left, meeting Mr. Martin a short-distance up the street. Together they drove in a cab to a nursing home at Mt. Roskill. The nest day Dr. Bull saw her, and on the following day (Thursday) she was in such pain and so bad that she was sent to the general hospital-

Mary Kemp, matron of a nursing home in Mt. Roskill-road, -said that Dr. Dalziel visited her in May last, and asked her to take a case. She asked him the nature of the case. He made some reply that it was a case he was looking after. She got the room ready, but afterwards she changed her mmd, and the case did not come.

Mr. Mays: Did he indicate what sort of case it was?—He said it was a lady patient.

Continuing, witness said that the doctor arrived again on June 11th, and asked her to take a case. She replied: "Doctor, I did not take your last ease. What is this one?" He replied that it -was a lady -who was run down. In answer to her query as to whether Tie was going to attend her, he replied: "No, she does not require medical attendance. She needs to be kept warm and quiet." Witness said: "The Act at present is very severe, and I never take a case in my house unless I have a medical man to attend it." The doctor made no specific reply, but, as it was merely a case of being run down, she decided to take it. She asked him where the case was coming from, and he said it was coming from the Waverley HoteL She immediately prepared a bed, and about nine o'clock a gentleman and a lady arrived. She identified the lady in Court. She was in a very shaky condition, and witness told the gentleman that a medical -man must be called in. She rang np Dr. Bull, and he visited the patient on the 12th. He visited her again on the 13th, and. -witness subsequently took her to the hospital.

Mr. BTookfield: "Did Dr. Dalziel ask you to be sure and let him know if anything happened to the patient?—&b;-he did not.

Have you nursed for the doctor before? —Never in my lifetime.

Dr. Casement G. Aickin, senior resident physician at the Auckland Hospital, stated that the patient in question was admitted on the inornrng of the 13th ult. The same day two miscarriages took place. He could advance no opinion as to what occasioned them. There was nothing to make him suspect they were by accident or otherwise.

William Hurst Martin, jun., a farmer, said that he had known the young lady in question for some time, and met her by appointment about five o'clock on the afternoon of June 11, outside the Post Office. He met her again about eight o'clock the same night near the corner of Customs-street, and accompanied her in a cab to a nursing home in Mount Roskill. He did not know who paid the young lady's bill. He did not pay it. While he was standing at Endean's corner that night, he saw someone resembling the description of Dr. Dalziel crossing the street. The man was in the ; middle of the street, and witness could ; not say which direction he had come from.

To Mr. Brookfield: He would not swear it was Dr. Dalziel, neither could he remember how the man he saw was dressed. He had never spoken to Dr. Dalziel, and could not with, certainty even hare pointed him out.

Did you, before the 11th, supply the young lady with any drugs, pills, or medicine for the purpose of procuring a miscarriage?— No.

Leo Finch stated that he knew Dr. Dalziel, who was in his shop some three : weeks prior to the 11th of last month. In the course of conversation he remarked that a friend of his had a friend who he thought was in trouble, and witness asked the doctor if he could see her. Dr. Dalziel replied, "No, not at. present," but on a later date he said, that a week or two later he would be in town again. On the 11th he saw thedoctor again, and had another conversation with him, in the course of which he told him the number of the room at the Waverley Hotel occupied by his friend's friend. After a little preliminary talk, the doctor said, " What about some cash?" Witness replied, "All right; I have only got £5," and be took this amount out of Ms pocket-book and handed it to him. This money was the proceeds of a cheque handed to witness by Martin that day, and which he had cashed. • [Proceeding.]