DEATH OF CHILD.

Auckland Star, Volume LXIII, Issue 240, 10 October 1932, Page 7

DEATH OF CHILD.

DOCTOR IN COURT.

CHARGE OF HOMICIDE. ARGUMENT OVER BAIL. OPPOSED BY POLICE. Still in custody on remand on a charge of unlawful use of an instrument on October 2, George Frederick Hewer, aged 39, medical practitioner, appeared again before Mr. F. K. Hunt, S.M., in tbe Police Court this morning on a charge of homicide. The additional charge was that on or about October 3, at Auckland, by ai unlawful act, he did kill the infant male child of a young woman, thereby committing the crime of homicide. Detective Sergeant Kelly asked that Hewer be remanded until October 17. Mr. R. A. Singer, who, together with Mr. M. C. Rattray, represented Hewer, again applied for bail. "I have been instructed by my superiors to strenuously oppose the granting of bail in this case," said Mr. Kelly. Mr. Singer: Well, sir, this is not a murder charge which one might call of the first degree. . Mr. Hunt: I must presume it is mur•der in the eyes of the law until I hear something of the matter. Detective Sergeant Kelly: The evidence will go to show that accused performed an illegal operation on this young woman, with the result that she gave birth to the child before time. The child was taken to the Karitane Home, where it died. Besides an old authority, the Crimes Act says that such an act constitutes murder. We also have medical evidence to support it. The point is that the child came into the -yorld earlier than it should have.

Mr. Singer: Now that your Worship has heard what the allegations are to be, I earnestly point out to the Court that it is not murder in the ordinary sense of the word.

Mr. Kelly: It is technically murder, in law.

Mr. Singers I again submit that this is a case where bail should be- granted. The charge itself is a new one so far as. New Zealand is concerned. I have not heard of a similar case in all my long experience. In view of the great age of the authority quoted by Mr. Kelly, I don't think there has been a similar case in England for over 50 years. I know that bail has been granted in much more serious cases than this. Vour Worship surely should also take into consideration that the preparation of the' defence' will only be hampered and made exceedingly difficult if my client is to remain in custody. He should have every opportunity of making his defence, and it cannot be very well done in prison.

"I will Tefuse bail until I see the Crown Solicitor in this case," said the magistrate, who remanded Hewer until tomorrow.