Obstetrician On Trial At Old Bailey

Northern Advocate, 19 July 1938, Page 7

Obstetrician On Trial At Old Bailey

(Received 12.30 p.m.) LONDON, July 18. The Old Bailey was crowded with doctors, medical students and society people at the opening of a trial which is regarded as of great importance to the medical profession, arising out of a criminal assault on a fifteen-year-old girl in Whitehall barracks, for which three Horse Guardsmen were sentenced. Alex William Bourne, M. 8., 8.C.H., F.R.Q.S., consulting obstetrician, Queen Charlotte Hospital, and an examiner of the University of Cambridge was charged with having illegally used an instrument on the girl. The speech of the Attorney-Gen-eral, Sir Donald Somervell, for the prosecution, consisted chiefly of reading letters exchanged between the defendant and Dr. Joan Malleson, who brought the girl’s condition to his notice. To Correct Abortion Laws. Dr. Malleson pointed out that the police and other doctors connected with the case felt that an operation should be performed, adding that many people believe 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of correcting the abortion law is to let the medical profession extend the grounds in suitable cases until the law is obsolete in practice.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 public opinion is immensely in favour of termination of pregnancy in these cases,” it was stated. Chief Inspector Bridger gave evidence that when he saw defendant at St. Mary’s Hospital, he admitted performing the operation, adding; “In my view it may be dangerous for a girl at her age to bear a full-term child.” Sir Malcolm MacNaghton, the judge, explaining the law, said: “If the Crown does not satisfy 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.” Operation For Pure Charity. Mr Roland Oliver, K.C., before opening the defence, pointed out that the case was not covered by any authority. It depended on the judge’s decision regarding the meaning of “unlawful.” Counsel, addressing the jury, contended that defendant acted for motives of the purest charity. In evidence defendant said: “I think 99 per cent of the profession would agree that an operation should have been performed.” John Rawlings Rees, medical director, Tavistock clinic, and Lord Herder, senior physician, St. Bartholomew’s Hospital and president of the National Birth Control Association and physician to the Prime Minister, gave evidence that they would in the circumstances have advised an operation. The hearing was adjourned.