DUNDAS MACKENZIE CASE.

Hawera Star, Volume XLV, 3 August 1925, Page 5

DUNDAS MACKENZIE CASE.

APPEAL COURT’S JUDGMENT.

U!Y TELEGRAPH PRESS ASSOCIATION.)

WELLINGTON, Aug. 1. The full judgment of the . Appeal Court in Mackenzie v. the Medical Board (heard on July 9), which was dismissed with costs on the highest scale, was given to-day. The Chief Justice (Sir Robert Stout) stated that counsel for the appellant had admitted that if the evidence of certain witnesses was accepted the decision of the court could not be upset. He accepted this evidence. Referring only to one case, where he told a pregnant woman that she was not' enciente, but that she was iji a frightful state from some infectious disease, Mr Justice Sim held that Sir Justice Herdman was not justified in holding that Slackenzie could honestly and in good faith have relied on the Abrams system for his diagnosis, hut he found that, although Mackenzie may have believed to some extent in the Abrams system, he used it not for benefiting unfortunate sufferers, but for exploiting his own pecuniary gain. He referred to Mrs Johnston’s and Mrs Hunt’s cases as being against appellant, and it was impossible to believe that Mackenzie was acting honestly in his diagnosis in those cases. Mr Justice Alpers examined a number of instances given before the Supreme Court, and stated that, after a careful nerusal of the evidence and after eliminating from consideration every witness as to whose testimony he entertained the slightest doubt, there remained enough, and more than enough, of unimpeachable probative value to convince him that the judge in the court below was amply’justified in bis conclusions. Referring-to Mrs D.’s case. Mrs D. being ,painted with, woad “after the manner of the ancient Saxons.” Mr Justice Alpers stated: “The incidents deposed to at the ‘diagnosis’ are redolent of the humour, of Bocencio. If I had tried_ the case I Tionld have fixed the period for reregistration at .10 , years instead of two.” v