THE DOOM OF COLLINS.

New Zealand Herald, Volume XXXV, Issue 10836, 20 August 1898, Page 2 (Supplement)

THE DOOM OF COLLINS.

''&■"'■ STRINGENT REMARKS BY THE' '■' [ , ( / ■'~J UDGE. 5 :. On- the'hut day of the trial of Dr. Collins for causing the death of Mrs. Uzielli, the Attor- : nev-General proceeded to sum up the evidence for the Crown, remarking that whatever • night be the result of the trial, there was this •'•'■'■ satisfaction—that the prisoner had been most :■■'-'■' ablv defended. He desired only to direct the ■"■ jury's attention to the facts upon winch the '■■- charge was based. Did the prisoner cause '•' : the death of the deceased by an unlawful '■■'..■■" operation? Before they decided this question. ■•'" ■'■■■ in the affirmative, they must be satisfied that '•'■-,'■ Mrs. Uzielli was enceinte; and could they •'''-'■ have any doubt about the question? Dr. '■■i : '■ Lucas, the medical attendant of the deceased m- at Newmarket, who was the only witness ■'■ i against whom aspersions had not been made, said that he treated her for early pregnancy, and what was the belief of the decased herself in the matter? Over and over again she • stated her belief as to her condition. And after the visits to the prisoner what were the preparations which were made at the instance of the deceased? They Lad heard how her expectations had been 'fulfilled. It was useless, in face of such facts, to suggest cruel motives on the part of Dr. Stievens, Sir John Williams, and Dr. Bond. The prisoner himself admitted that there had been a miscarriage, so that in face of all these facts it was useless to make other suggestions and to argue as to other speculations. The evidence entirely negatived them. An incident in the story, 'too, was the paying of the 30 guinea cheque to the prisoner by the deceased. Again, the wound was in just the place where it would be if it had been inflicted in the course of an illegal operation, as it was just such a wound as would have been inflicted by an unskilful use of one of the instruments. Of course, the prisoner did not desire the death of the deceased, but having been guilty of an illegal operation, as the prosecution said, and death following, he was guilty of constructive murder. JUDGE'S SUMMIXO-Ul'. Mr. Justice Grantham, in summing up, said that, considering the nature of the case, and the issues involved and the interests at slake, it was impossible to imagine a case which had been conducted by those who had appeared there with greater propriety. He had now to deal with the law, and on this there was no doubt. Any operation which was intended to bring about miscarriage where it was not medically necessary was a felony. If the patient died under such operation 'illegally performed tchre was no doubt it was murder. Juries, however, frequently took the view that in these cases where the woman was a consenting party the action only amuntcd to manslaughter. Any woman who submitted to it was equally guilty, and could bo placed in the dock, but unfortunately in most of these cases the woman had paid the penalty and gone before another Judge. Apart from the prisoner, they had a duty to society to perform in putting an end to these practices, if they did exist, but they must have no prejudice against the prisoner. He had dealt with many of these cases, but usually among poorer classes, but wherever, or by whom performed, they ought to be put down by the strong arm of the law. He confessed that he could not understand women of position prostituting themselves to such an operation. Whether it was to hide their shame or because they belonged to a " smart" set, and wanted for another year to wear pretty frocks, and otherwise not to be put to any inconvenience, that they submitted to such an operation, and no matter whether they paid £30 or £300, they were equally guilty with the poor working girl who paid ■her 10s. He pointed out that Dr. Stievens, had he given a certificate in such a case, would have deserved being struck out of the medical list. The Judge then reviewed the evidence at length. They bad in these oases to rely purely on circumstantial evidence. He thanked the jury for the attention they had paid, and especially complimented the juror who, though ill, had struggled on and saved the necessity of another trial. In con- ■ elusion, the learned Judge put to the jury these questions Was there a miscarriage? 2. If so, what caused it? 3. 'What was the cause of death? Dr. Collins followed the Judge's remarks ' witn almost breathless interest. Ho bent forward in bis seat, and was evidently anxious not to miss a word of what Mr. Justice ' Grantham was saying. At times he became excited and nervous, and once he was very near fainting. But be pulled himself together v with a great effort. VEKDICT AX» EIDER. The jury retired at half-past two to coni[. sider their verdict. After deliberating for < three-quarters of an hour, the jury returned with a verdict of" Guilty of Manslaughter," i with a strong recommendation to mercy. The g jurv added a rider to the effect that they deplored the growing practice of persons in good positions in life taking advantage of their marital relations and then using questionable means to relieve themselves of the ;:■ , responsibility incurred. |S ■. The prisoner, in reply to the usual ques;V tions, said that upon his soul he had not / ■ done anything illegal to that poor lady. If m she had been his own wife he could not have treated her with greater kindness, attention, H or skill, and if she were alive she would say '■•'..'. so. Hi The Judge said prisoner had been found | guilty on the clearest evidence. His career H liau been a chequered one. He had pre-■;-V viously been convicted of forgery, and for some reason not sentenced. Had he been punished then he would not now have been in that position. He felt that the least sen- ■■ tence he could pass was seven years' penal ;■" servitude. The prisoner fainted on hearing m the sentence, and had to be carried from the v ■ ' dock by several warders.