THE ABORTION LAW

Evening Star, Issue 23013, 19 July 1938, Page 9

THE ABORTION LAW

EMINENT DOCTOR CHARGED ACTED ON MOTIVES OF PUREST CHARITY MEDICAL PROFESSIOH SUPPORTS COLLEAGUE Press Association—By Telegraph—Copyright LONDON, July 18. (Received July 19, at 11 a.m.) The Old Bailey was crowded with doctors, medical students, and members of society at the opening of a trial which is regared as of great importance to the medical profession arising out of a criminal assault on a 15 years old girl in Whitehall Barracks, for which three Horse Guardsmen were sentenced.

Dr Aleck William Bourne, consulting obstetrical surgeon at St. Marys Hospital, consulting surgeon to the Samaritan Hospital, and an examiner of the University of Cambridge, was charged with having illegally used an instrument on the girl. The Attorney-General’s speech for the prosecution consisted chiefly of reading letters exchanged between Dr Bourne and Dr Joan Malleson, who brought the girl’s condition to Dr Bourne’s notice, Dr Malleson pointing out that the police and other doctors connected with the case felt that an operation should be performed, adding: “Many people believe that the best means of correcting the abortion law is to let the medical profession extend the grounds in suitable cases until the law is obsolete in practice. I imagine that public opinion is immensely in favour of termination of pregnancy in these cases.” Chief Inspector Bridger, in evidence, said when he saw Dr Bourne at St. Mary’s Hospital he admitted the operation, adding; “In my view it may be dangerous for a girl-of her age to bear a full-time child.”

Mr Roland Oliver, K.C., before opening for the defence, pointed out that the case was not covered by any authority, and depended on the judge’s decision regarding the meaning of the word “unlawful.” Mr Oliver, addressing the jury, contended that Dr Bourne acted on motives of purest charity. Dr Bourne, giving evidence, said: ‘‘ 1 think 99 per cent, of the profession agree that an operation should have been performed.” Dr John Rawlings Rees and Lord Horder stated in evidence that they would in the circumstances have advised an operation. The judge, Sir Malcolm MacNaughton, explaining the law, said: “ If the Crown does not satsify the jury that the operation was not done in good faith and for the purpose of saving the mother’s life, I direct you to find a verdict of not guilty.” The case was. adjourned.