THE CHARGES AGAINST DR. ORPEN

New Zealand Mail, Issue 1747, 30 August 1905, Page 21

THE CHARGES AGAINST DR. ORPEN

JURY FAIL TO AGREE.

AUCKLAND, August 22. The charges against Dr Orpen, of performing illegal operations on two women, were heard in the Auckland Supreme Court to-day Orpen, who was not represented by counsel, pleaded not guilty. The two cases were taken together. Mrs Katterns then gave evidence. Dr Cardan said when ho was called in he consulted Dr Bull, and as a result of their treatment the woman made good recovery. There was nothing wrong with the woman's health which would have accounted for certain symptoms. Dr Bull corroborated, and this closed the case for the Crown iu Mrs Katterns' case.

Sarah Mason Linkhorn, an unmarried woman, twenty-one years of age, gave evidence, stating Drr OTpen performed the operation on her. Dr Inglis said the day after he saw the girl he formed the opinion that the occurrence was due to some outside agency. He questioned the girl, and in consequence of what she told him he informed Inspector Cullen. Chief Detective Marsack gave evidence as to arresting Dr Orpen, and Dr Lewis gave evidence regarding instruments found in Dr Orpen's rooms. In addressing the jury Dr Orpen said he had uo recollection of having seen Mrs Katterns. If he did what she said was it likely he would allow her to go away with one of the instruments to be produced as evidence against him? She asked the jury to believe that he, a stranger, operated on her and allowed her to take away one of his instruments. Dr Orpen then referred to the seriousness of the charge, and added, “I am an old man, seventy-three years of age, and you are asked to believe that I, with only a few more years to live, took the risk ef perpetual ruin and the spending of a few years in prison for a paltry five odd pounds." With regard to the Linkhorn case he said the girl came and told him she was in trouble, and asked if he could do anything for her. He told her perhaps she had caught cold. He used a speculum. Speaking of the doctors' evidence, he asked why be, a medical man, should be charged with improper practices for using instruments which other doctors possessed ? If the jury were to convict on this case it would never do in future for any doctor to examine a woman for certain troubles for fear of standing in the place he now occupied.

His Honor, in summing up, pointed out that there was corroboration in the

instruments produced Accused had not attempted to explain what tiiese were used for. The matter, however, was entirely one for the jury's determinat-on. If they had reasonable doubt about the evidence of the women, then they must acquit, and if not then they must convict. After five hours' retirement the jury failed to agree. A view trial, to commence to-morrow, was ordered.Dr Orpen was convicted at the Auckland Supreme Court on Wednesday on a charge of performing an illegal operation, and was sentenced to three years’ imprisonment.