INDIAN DOCTOR TRIED.

New Zealand Herald, Volume LXVI, Issue 20407, 8 November 1929, Page 17

INDIAN DOCTOR TRIED.

PHAVE /OFFENCE ALLEGED.

CASE FOR THE CROWN.

YOUNG WOMAN'S EVIDENCE,

OPENING OF THE DEFENCE. I lie last case on the criminal calendar o' the present quarterly .Supreme Court ."■"-t-iniis was reached yesterday, when Dr. Balder Singh Share, aged 48, an Indian fiivtur (Mr. Singer ami Mr. McLiver) Kt'od I rial on a charge of indeceullv assaulting a woman, aged 28. At the re<"'cM of tlie Crown Piosecutor, Mr. Mercil li. Mr. Justice llcrdmnii had the Court red and witnesses were ordered out. The rase will lie continued to-day. Mr. Meredith said that accused was a radical practitioner practising in Auck- ]; i il. I here w;vs an element of false representation in the charge, in that (he a;•'•used was alleged to have committed tho oiienee under the guise of making a inedi<v.l There was a confidence ii'lioscd i 1; the professional honour of medical men and this rendered deception the c:: -iei.

I In girl, who was the principal witness in the c.ise. worked in a clothing factory. .She ran a big needle into her ihumb and b'.nted with pain. Dr. Brock way was .vnt loi/ and took her to his rooms to dress the hand .temporarily. He asked her to return in case an X-ray examination ji.iL.-lu be necessary. She noticed the name of I'r. Share over a room in the buildin;. ami assumed that lie was the doctor v. ho had attended to her. Improper Photographs. When the g-irl returned next day she ret Dr. Share, and when she said that, she was looking for Dr. Share he took her into his rooms. After dressing her linger he. suggested that she was in a low condition of health, and got her consent t<i a thorough examination. It was then that the offence was alleged to have taken place. He gave her a prescription and offered to give her a certificate that she should not return to work for a fortuighl. Accused showed her photographs, the first of which were quite decent and respectable, but later showed her some than which it would be impossible to conceive anything more disgusting. She had a hurried' glance at them, and was able to identify some of them again. On returning to work "she told her mate what had 1 ;:npencd, and later the police were informed. t

Yv lie!) interviewed by the police Share admitted the truth of the girl's - story tip to a point, lint denied any improper conduct. When the police found the photographs described by the girl, the accused said. " Someone must be trying to put it luross me," and mentioned another doctor. If the jury decided that the gill's story was true then there could be no i!i>ubt that the accused was guilty of the assault charged. The photographs that bad been found were an indication of the type of mind of the man who kept theni in his jwallet Jury Inspects Rooms. Evidence along the lines of Mr. Meredith's statement was given by the young vomim upon whom the assault was alleged to liave been committed. She said thai when she discussed with accused about going back again she had no intention of goins back alone. She identified a number of The plio'ograplis complained of and these were • c ,hovn to the jury. She told what ] ;id happened to a young man with whom slir was friendlv.

When Mr. Singer asked jicrmission for f1 >o jurv to inspect the" accused's rooms, Mr. Meredith stated that they had been altered since September 26. The door would Vnot open in the same way now. Mr. Singer said that that could be explained'to t lie jury. The jnrv inspected 1 lie rooms before Mr. Singer commenced liis crofe-exaniination.

Evidence was .given hy an apprentice who .worked with the principal witness. She said that when the first witness returned from a visit to Dr. Share she was looking (lushed and frightened. She Miid that Dr. Share had " got fresh with her," and complained of his conduct. F. K Armitage, bacteriologist at the Auckland Hospital, detailed results of a bacteriological examination lie had made of a garment submitted to him. Corroborative evidence was given by Dr. W. Gilrnour, pathologist at the Auckland Hospital. The Detectives' Interview. Detective-Sergeant Kellv described an interview which Detective Sneddon and he had had with the accused at accused s rooms. Accused said that he recollected the young woman going to his consulting i"Oms/ and he noticed something strange about her demeanour. The question of her general health "was raised, and he examined her. Accused denied having shown' her indecent photographs, but admitted having photographs in his possesfion. He was a member of the StereoF'opical Society of London. He showed witness some * photographs of ordinary tvpe and on being further pressed he produced 34 more from an attache case. ,\reused denied having shown these to his patient. Witness asked him how the woman could have described them if ho had not shown them to her. Accused became heated and said that someone was trvinc to nut one across lnm. no far as accused knew the only person who knew he had those indecent, photocraphs was his wife. Witness described in detail the lay-out of the accused s room. His Honor: Who leases that room Witness: Apparently the, first doctor who gets uses it. It is known, sir, as a coniriion room. Continuing, witness said that when arrested accused said: "It. is untrue, but 1 will admit that some very bad photographs were found. I have been up -linst it. for some time, If J sell my home and leave the country will it. malic any difference? This will kill my wife siid son. iii r-v This evidence was corroborated by uc-f-.tive Sneddon, and Detective-Sergeant Doyle. Gravity of the Issue. Addressing the jury, Mr Singer do-Rr-rib'od his client as a gentleman of culture and education and high attainments as a medical man. Because of his professional standing the issue was one of the utmost gravity to him. An adverse verdict would mean utter, absolute, blank ruin the deprivation of his livelihood awl Ins becoming an outcast from society and his profession. It was the glory of .bngli,h justice-that the fact that a person was not of the English race was never allowed to interfere with the course of that justice. Not only was the accused ati English subject, but also he was a New Zcalander. Counsel said he would call evidence to *)io\v that two persons had looked into the room during the time that the offence was ; alleged to have been committed. There was no proved offence—only inference and. conjecture. Mr. Singer intimated that he intended to call the accused as bis first witness, and the Court adjourned until this morn-

His Honor declined to allow the accused his liberty.