ALLEGED UNLAWFUL USE OF INSTRUMENT

Southland Times, Issue 24761, 4 June 1942, Page 5

ALLEGED UNLAWFUL USE OF INSTRUMENT

THERAPEUTIST CHARGED

(P.A.) DUNEDIN, June 3. In the Magistrate’s Court Henri Arthur Hirt, aged 48, was charged with unlawfully using an instrument with intent to procure a miscarriage. The inquest proceedings on the woman were taken in conjunction with the hearing. The mother of the woman concerned stated that her daughter was the wife of a soldier overseas. She took her daughter to the accused’s rooms on April 27, leaving her there. At a later stage the witness rang the accused telling him her daughter was in pain. The accused advised calling a doctor and Dr Monheimer diagnosed the trouble as peritonitis. He ordered the patient to hospital, where she died on May 18. A daughter of this witness stated that she consulted the accused on April 27 about her sister’s condition, the accused telling her to bring her sister along and he would use a machine on her.

Dr Monheimer gave evidence that when summoned to the case he was told it was one of appendicitis. He, however, found slight peritonitis. The patient’s mother then informed him she had had a miscarriage a week earlier and he sent the patient to hospital. So far as the witness knew the accused’s business was that of an electric therapeutist and the witness had never treated any of the accused’s patients. Professor J. B. Dawson stated that he diagnosed the case in hospital as peritonitis and decided to operate. The cause in his opinion was an infection caused by a miscarriage. The instruments produced in Court were used solely for a certain type of operation and should be in the possession only of qualified doctors. The accused pleaded not guilty and was committed for trial. The police opposed an application for ball, pointing out that the woman died and the accused could have been charged with murder. Bail was allowed as formerly, on the accused’s own surety of £lOOO and two recognisances of £5OO each conditional on the accused reporting twice dally to the police.