UNREGISTERED DOCTORS.

Evening Star, Issue 13038, 5 February 1907, Page 4

UNREGISTERED DOCTORS.

"DR" COMMINS CHARGED.

JUDGMENT RESERVED.

Tim morning, at iim City Police Court, Peroral Cmnmins appeared to answer a charge laid by the- police of wilfully, and falsely pretending to be a doctor of medicine. Proceedings were taken under flection 23 of the Medical Practitioners Act of 1869. Defendant was represented by Mj Hanlon, and pleaded not guilty. Chief-detective Herbert, who conducted the cose for the police, said thatai about 8 pjn. on the 23rd January Acting-detec-tive Hunt went to Dr CktmminsJs premises in Rattray street and asked for " the doctor." Ho was 6hown inside, and after waiting some time defendant came along. Hunt asked him if he was Dr CVwnmins, and defendant said "Yes." The detectiw told defendant that he was not feeling "weiL Defendant examined the detective, and made certain tests, after which he applied electricity to his boots and lit a candle from the electric spark, winding up by saying that his fee was 7s 6d, which sum the detective paid. Defendant also gave tho detective a bottle of medicine, with instructions about taking it Subsequently Actingdctcctivo Mitchell served defendant with a summons, and in doing so asked if defendant was Df Cfemmins, defendant again replying "Yes." Over the gate of defendant's premises was a board with "Dr Commins, medical electrician," painted on ■ it, and on the door was a brass plate with the words "Dr Commins, D.M., OF.F-, medical electrician." The Government 'Gazette ' of January 10, 1907, contained a list of registered medical practitioners, and defendants name was not on it. 'Mr Hanlon said that the defence admitted all this. Acting-detective Hunt said on oathYhat he saw defendant at his rooms, and defendant said he was Dr Commins. Defendant took him to his front Toom, and asked what was the matter with him. Witnees replied that he had not been feeling well, and could not sleep at night. Defendant asked witness if he had pains in the head. Defendant then put his hand oa witness.'s back and said: '" That's where tho pain is." Witness replied that the pain was right across his back. Defendant then examined witness, who had stripped -off bis clothes, placing a stethoscope over his heart and other parts of his body. After further examination defendant left the room for some little time, and on returning said that witness was suffering from a tlight strain or a chili in the kidneys. Defendant pointed to a chair on a marble slab, and said: " Sit down, and 1 will give you some electricity." Witness made some slight, demur, but sat on the chair and "took it." Tue defendant fixed a tube to his left knee, and held another, with which he kept walking around. Witness asked what about some medicine, and defendant gave him some. The Magistrate (Mr Widdowson): A prescription ; Witness: No; a bottle of medicine. This is it (produced). It is in the same state as when he gave me it. Witness continued that defendant in applying the electricity • had a gas jet on a tube, which defendant held against witness's boot and lit there. Defendant asked witness his name, and witness gave "H. Hunter, Baker street." He paid defendant a fee of 7s 6d, and on his leaving defendant said he ought to ba well again in a week or so, and if not he was to come again. To Mr Hanlon: He had reason to believo before he went to defendant that defendant's name was not on the register of le-gally-qualified medical practitioners, and ho went under instructions to ascertain whether a charge could be brought against defendant.

Mr Hanlon: You misrepresented your position on going there-* Witness: Yes.

You were not ill?—Xo. You asked for Dr Commins-?—Yes. And he took you in and treated you?—■ Yes.

You told him that you had a pain in the back?— Yes. He put hi 6 thumb on my left side, and I said I had a pain right across. Which, of course, was untrue?— Yes.

He put his hand on vour heart and said you were as strong as a bullock, didn't ho?—As sound as a bell, ho said. Ho said you were suffering from aslight strain or a chill; he gave you electrical treatment and prescribed for you?— Yes. You personally wene not deceived by him ?—No.

Acting-detective Mitchell gave evidenca as to the serving of the summons, and thai closed the case for the prosecution. Mr Hanlon submitted that the case must be dismissed, because the charge was one of false pretences. Defendant had not wil fully and falsely pretended to be a doctor of medicine. A doctor of medicine held a particular diploma,— thai, of M.D. Even supposing that any jpretenco had been made in regard to qualifications as a medical expert, it was quite clear that defendant made no representations to be a Doctor of Medicine. There was not a tittle; of evidence to show anything of the kind. Defendant had a amsulting room in Rattray street, and there attended any patients that sought him. The notice board and brass plate said "Dr Commins, medical electrician," and the letters on the brass plate-r-D.M., C.F.F.— signified "Doctor of Magnetism, College of Fiuo Forces." That was a diploma which defendant held, and which he would produce*. It certified that defendant had taken a courso of study in anatomy, physiology, the general principles of pathology, and the science of fin© forces. Defendant had passed examinations in these subjects, so on that head he had represented orpretended nothing that was untrue. Has diploma hong in his waiting room for patients to see. Therefore all that was represented by the title "Dr" Commins was that he was the Dr Commins referred to in this diploma. It was all very well to say thai defendant had treated Hunt for a pain in the back, but medical men did not send patients away 'without trying to do something for them, according to the nature of their symptoms. Hunt misrepresented himself to defendant, and ultimately gotdefendact to prescribe for him. Mr Hanlon then referred to two similar cases, decided on appeal, in England—those of Ellis v. Kelly and Carpenter v. Hamilton. Ho said thti in each case defendant was not a registered medical practitioner. One held a surgeon's diploma from a German University, and it- was held that the possession of" this justified him from a charge of wilfully and falselv using the title of " doctor." Defendant (Commins) had been before the Court on a previous occasion on almost the same charge. Detective Herbert : Not the same charge at all. Quite a different charge. Mr Hankm : The charge was that Ire did wilfully and falsely use the name of " doctor," implying that he was recognised bv the law as a practitioner in medicine. That case was dismissed. Detective Herbert : There was then no evidence of anyono consulting him and paying a fee. Mr Hanlon: Any man can practise medicine who likes. I could. There is nothing to prevent me. The only point is that I could not recover my fees. Not far from Dunedin. one could name a case where a man is carrying on a large practice—and be is a very able man —yet he is not qualified ; be cannot recover hie fees. The only thing is that one must not pretend that one is a Doctor of Medicine, or that one possesses a diploma one has not got. Mr Hanlon continued that the president and secretary of the Otago Branch of the New Zealand seotkm of the Medical Association had written to defen-

dant on this matter, and on receiving bis reply as to his position, took no further eteps. (Mr Hanloa here handed in this correspondence.) Detective Herbert: Yes, the Medical Association leave these, matters to theps=£=. Mr Hanlon: No. they don't. We fcoow cases where they have not left them__to the police. He coniincod that in the case o!' Carpenter v. Hamilton, before referred to. the defendant showed a diploma in h'« shot window stating that he -was a doctor of medicine, of the Metropolitan Medical College of New York, and the Court had rnled that the possession and exhibitioQof bamign cfiplomas were grounds to warrant <ie acquittal- of vjae2?et£ix!& jaac&tkma so,

charges of styling themselves "doctors." There was not a medical practitioner in ■ Dunedin -who had tho words " medical clecrrician'' attached to his sign. Defendant had made no falsa pieteuce whatever.

Percival Commit?.?, the defendant, was then called and sworn, and lie produced his diploma, which was lianded up to the magistrate.

Sir Widdowßoii: I will only adroit this provisionally at present. I am not quito sure that it can ho proved. Mr Hanlon : I submit, that according to these caws I have quoted the production of n. diploma Mr Widdowson: I admit it provisionally.

Mr 3amort (to defendant) : That rays that yott are qualified in certain subjectc-. Is that correct?

Defendant : Absolutely. Defendant continued that he made no pretence to bo a surgeon, but ho wc; competent to treat patients. Mr Widdowson : Where was this diploma issued from? Defendant explained that it was from a Oaliforaian college holding a charter from the State. Defendant further explained that ho was r.ot an American, and gave a history of hLs life in outline, raying that ho was born and educated iu Melbourne, and that Ik- wont to England to study medicine, but lio gave «P at aji early stage, and took up pastoral pursuits in Australia. At this he stated he made a competency sufficient to enable him to become independout and devote himself to a study of " psychology and comparative religions." 11.- attained ha diploma, in 1597. Mr Widdowson : 1 tow do we know that this is a genuine diploma? Defendant replied that he was on oath. Mr Widdowson repeated tho question to Mr Hanlon.

Mr Hanlon : It can't be proved. Mr Widdowson : He swears he obtained it. It was sent to him by post. Defendant: Yes. At the time of my last inquiiy, which I very little expected, it was not "in my possession, but I obtained it three mouths afterwards. Mr Hanlon: Is it in consequence of holding that diploma that you call yourself Dr t'onunins. Defendant : Yes

Mr Hanlon : Do you believe you have r. to do so?— Yes.

Have you ever made pretences to be a :loctor_,oi medicine?-—Never. I have frequently been asked whether T was a registered medical practitioner, and I have never been fool cr.ough to say that 1 was. Had the man who recently presented himself to me asked me if 1 was such. I would have told him " No." Detective Herbert : And -you would not have been here to-day. Defendaat: I think" it is more fortunate that I am. I posted that diploma in my waiting room. Defendant continued that v. hen the late Mr Jenkins bequeathed him :he medical electrical institute, it was lhat gentleman's desire that it should be curried on " for the benefit of humanity." Defendant continued that he had charged fees similar to those of Mr Jenkins, and the scale of fees was posted up in the various treatment rooms. He htid written the prescription for Hunt in detail in his book (produced), and any qualified medical man who war, honest would endorse it as being proper to the purpose. lie charged "Hunt his usual fee. " Probably had f known who was in my study." hj. idded. " I would have charged something

Detective Herbert : Sorely you would nut ili) anything so nr.i";iir._ Yon were talking about your honesty just now. Defendant, in answer to a qnislion by Detective Herbert, hero narrated further advice he had riven to Detective Hunt. Detective Herbert : This institution you sav exists for the cond of humnnitv. a'd you took up this study owing to the fact i : ;at vou bad considerable private means. Yc-t: kr:ew nothing of Hunt'.-- position when ];-• con-alted vcu/hut you charged liim vast a.« much as any other doctor would. How ck> vc.ii draw the line? Defendant leplied that be Telied on his ixpcricr.ee. "Under further cross-examina-tior. he admitted that, there were other nodical electricians in New Zealand, but tbev bad no council or association of ' their own. He had not attended the college ir. California, but ho had met its prir.cip.-tl m London. v.uero there was ;i branch of the. '* Fine Forces " Association. He passed- tho examination net by correspondence, but. "bv ditect i*Esonal contact with the bonrd of examine!*, titting in London." Tho papers set included Galvanism. Faradyism, Magnetism, etc. Dc-tecHvo Herbert :' "V\ as that scale oj fc->s hanging in the room witere Hunt consulted you''

ltofendant; i'o. Yoc said so. . , No; I 6*id one. burg in every waiting mem. I saw Hunt in. my study, because there was a. particular machine, there. The Magistrate said that judgment would be reserved.