REBUFF FOR DOCTOR

Star (Christchurch), Volume LXVI, Issue 20311, 22 May 1934, Page 5

REBUFF FOR DOCTOR

Should Not Have Told, Says Judge. EXAMINATION OF DRIVER. Strong comments on the question, “ Should a doctor tell? ” were made by Mr Justice Rigby Swift at Liverpool It was stated that a doctor who had been called in on behalf of a motordriver informed the police that he thought the man was under the influence of drink. “ When a doctor is sent for to examine a man in his own interest,” said the judge, “ he has no right to tell anybody his opinion until he comes into a Court of law. . . . “ I think it was outrageous, and I can imagine that nobody who hears of this, and is taken to police cells, will ever again send for a doctor.” The case w’as one in w’hich Harry Whiteley, aged twenty-seven, a motordriver, of Warrington, pleaded not guilty to the manslaughter of John Robert Clarkson, following a motor accident at Chorley (Lancashire). Whiteley also pleaded not guilty to being in charge of a motor-lorry while under the influence of drink, and to dangerous driving. He "was acquitted on all counts. Mr Glvn Blackledge, for the prosecution, said Whiteley called at a hotel accompanied by Mr and Mrs Clarkson. Afterwards he came into collision with another lorry. Mr Clarkson was killed. Policemen considered that Whiteley was under the influence of drink. This was confirmed by Dr Wilkie, the police surgeon. Whiteley called a local doctor, Dr Alfred Marsh, who also expressed the same opinion. In answer to the judge. Dr Marsh said he was paid 10s 6d by the police, who received the money from Whiteley. Mr Justice Skift: lie gave you 10s 6d to examine him and you give evidence against him. Do you think that nice? Dr Marsh: It is not quite cricket.