A HEALER OF THE SICK.

Evening Star, Issue 11664, 26 September 1901, Page 4

A HEALER OF THE SICK.

At the Police Court this morning, before Mr C; C. Graham, S.M., Percival Commins was charged with that, on September 20 at Dunedin, he did wilfully and falsely use the name and title of "Doctor," implying that he was recognised by law as a practitioner in medicine. Sub-inspector Keily prosecuted, and Mr Hanlon appeared for defendant, who pleaded not guilty. The Sub-inspector said that the information was laid under the Medical Practitioners Act of 1869, which provided; that all medical practitioners must bo duly qualified and have a diploma before using the title of Doctor. Chief-detective Campbell deposed that on the 20th of the month he colled at the house of Mr Commins, and! was shown into the waiting room, where there were three ladies. A fourth lady, carrying a bottle wrapped in paper—which appeared to be one with medicine—came in later. On seeing defendant witness inquired : " Are you Dr Commins?" Defendant replied in the affirmative, a.nd asked witness into another room. Witness stated who he was. and nsked: " Are you a duly qualified medical practitioner!" Defendant replied : " Well, no; not in the ordinary sense." Witness said : "I see you have l Dr Commins ' on a brass plate outside the door." Defendant, in reply to that and other questions, answered: " I claim the right to that title, on the ground that I am a teacher—a teacher of truth. I preach in a hall every Sunday evening." In answer to the question whether he had diplomas of any kind, defendant said: "No; I am a magnetic healer." There was a second plate on the door bearing the words: "Hours, 10 a.m. till 12 a.m., and 5 p.m. to 9 p.m.". Mr Hanlon: It does not say hours of attendance Witness: " No." In the waiting room there was a similar notice: also a testimonial from his patients and congregation. On the table there was an instrument which witness had seen used> by medical men in the treatment of ear complaints. Detective Cooney gave corroborative evi--dence. The Sub-inspector intimated that he did not intend calling further evidence. Mr Hanlon said that for various reasons the case must be dismissed. His first objection was that the police had completely failed to prove the most elementary part uf the case—that, the name was not on the medical register. The list shonld have been produced; and that had not been done—it had never been mentioned. During the hearing of the last case of tie kind before the court there was a lengthy discussion as (o the method of proving that point, and the case had to be adjourned for a week, in order to give time to send to Wellington. Sub-inspector Kiely: We take his own declaration. Mr Hanlon: You must prove that be is not on the register. That is the first point, and I submit that the absence of that proof is absolutely fatal to the case. Continuing, Mr Hanlon said that he was not particularly anxious that the case should be decided on that point alone; he wished it to be dismissed on its merits, and to have the defendant rehabilitated. His client had never represented bimself to be a doctor of medicine, and that was the main point of the case. He did not impose upon the public. Seventy-five per cent, of the people he treated were not able to pay a penny, and a great part of the medicine he gave away. He was not a.quack; he was really a philanthropist, and it could be shown that his bank book had been very much decreased since he came to New Zealand. He was a large property-holder on tho other side, was absolutely independent, and d'd not require to make money by imposing on the credulous portion of the'community. His Worship: I cannot dismiss from my mind that the plates have a tendency to mislead the public. Mr Hanlon contended that the Crown must prove that ho not only practised medicine, but that he did so with a viewto making money for himself and deceiving the public. Defendant was a doctor, of magnetics in connection with the college carrying on it* functions in London, and his diploma was now on the road out from Home, and would arrive very shortly. When ho came here first the Medical Association wished to have an explanation, and sent him the following letter: "Dunedin, Pitt street, December 20, 1893. Dr Commins, Pilleul street Dear sir,—At the last meeting of the Otago section New Zealand branch of the British Medical Association some doubt was raised as to the legality of your practising as a doctor of medicine in Now Zealand. The matter was referred to our Defence Committee, and on their behalf- we beg to courteously ask particulars of you as to the nature of your diploma, which, wo trust, entitles you to recognition as a qualified medical practitioner amongst us.—We have the honor to be, etc, L. E. Barnktt, president ; T. G. M'Kkllar, secretary Otago Branch New Zealand Section British Medical Association." In answer to that his client' replied as follows : "Prom Dr Commins, Filled street. To New Zealand Section British Medical Association. Gentlemen, —In rcspouse to your courteous request of 20th inst.. I beg to inform you that I make no claim to recognition n,s a medical practitioner among the members of tho fraternity in New Zealand. Moreover, that I am not practising medicine. Let me add, first, that I am a public teacher of God's truth (so far as I know it), also a member of a Therapeutic Society, London, composed of educated gentlemen of independent means, who are pledged to do good in accordance with their knowledge wherever they go, speaking from public platforms and healing the sick poor when opportunity affords. . I too am an independent man, and a traveller from place to place, finding satisfaction in using my power entirely for the benefit of the poor, utterly regardless of the rich, who can afford to pay for the skill of the ordinary phvsician. My curative power lies solely in the possession of abnormal electro-vitality, and its dispensation by methods of my own. My course is metaphysical and natural, but at present unrecognised by the' fraternity, except in America and on the Continent of Europe. The law of the Medical Practitioners Act of New Zealand I thoroughly understand, and do not infringe in any respect. I make no charge for advice. If I administer simples and cathartics they are paid for at cost price by those who can pay, and those who cannot receive them gratis. I make no advertisement, and desire . none: I ■ apologise for trespassing upon your time at such length, but the legitimacy and courtesy of your request has compelled me; also, my desire to express the fact that I do not aim at discrediting the medical science, or affecting the dignity of the. most noble profession.—Belisve° me.

sirs, yours faithfully, PV Commjns.V December 23, 1898." Mr Hanlon said that since that time the Medical Association had done nothing further in the matter, and defendant did no more now than he did then. He had been practising for four years, and it was nearly three year* since the Medical Association wrote him. If there had been anything wrong the Association would surely have struck at it. When one read the newspaper reports about defendant when ho was going away to London twelve months ago one could not help thinking that it seemed like persecution to bring him before the Court. His Worship, in dismissing the.case, said that it was a vory different one to tho last pf the kind which Was before him, when there was evidence of advertising in the way of placards and circulars. , Sub-inspector Kiely inquired if His Worship dismissed the case on technical grounds, Mr Graham replying thut he did so on the merits of the case - The Sub-inspector applied for an adjournment .of the hearing of a second charge against the &;une defendant—viz., using the title of "doctor," implying that he was registered as a medical*practitioner under the Apt.—The magistrate held that it would practically be putting defendant up twice for the same offence, and accordingly dismissed the case.