NOT GUILTY

New Zealand Herald, Volume LXXV, Issue 23094, 20 July 1938, Page 13

NOT GUILTY

TRIAL OF SURGEON ON GIRL ILLEGALITY ALLEGED EVIDENCE OF DOCTORS SEQUEL TO ASSAULT By Telegraph—Press Association —Copyright (Received July 20, 12.40 a.m.) LONDON. July 16 The Old Bailey yesterday 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. It arises out of a criminal assault on a 15-year-old girl in Whitehall Barracks, for which three Horse Guardsmen were sentenced Mr. Aleck William Bourne, consulting obstetrician, Queen Charlotte Hospital, and an examiner of the University of Cambridge, was charged with having illegally used an instrument on the girl, at St. Mary's Hospital, Paddington. The speech of the Attorney-General, Sir Donald Somervell, for the prosecution, consisted chiefly of reading letters exchanged between the defendant and Dr. Joan Malleson, who had brought the girl's condition to his notice. Views of Medical Profession 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 believed that the best means of correcting the abortion law would be to let the medical profession extend the grounds in suitable cases until the law became obsolete in practice.

"I imagine public opinion is immensely in favour of termination of pregnancy in these cases," said the witness.

Chief Inspector Walter Bridger, of Scotland Yard, gave evidence that when he saw defendant at St. Mary's Hospital, he admitted having performed the operation, adding: "In my view it may be dangerous for a girl at her age to bear a full-term child." Sir Malcolm Macnaghten, the judge, in 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." Case for the Defendant Mr. Roland Oliver, K.C., before opening for 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 had acted from motives of the purest charity. In evidence defendant said: "I think that 99 per cent of the profession would agree that an operation should have been performed." John Rawlings Rees, medical director, Tavistock clinic, rind Lord Horder, 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 until today, when the jury returned a verdict of not guilty.

Mr. Oliver, previously addressing the jury, emphasised that Mr. Bourne had not intended to get the law altered, nor hoped for his acquittal, on sympathetic grounds. His attitude was that his action was lawful and honest. He was aiming to get the law declared in order to end the controversy concerning what a doctor was allowed to do.