AN IMPORTANT CASE

Wanganui Chronicle, Volume 80, Issue 169, 20 July 1938, Page 7

AN IMPORTANT CASE

OPERATION ON GIRL CHARGE AGAINST SURGEON LONDON, July 18. The Old Bailey 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, arising cut of a criminal assault on i 15-year-old girl in Whitehall Barracks and for which three men of the Horse Guards have been sentenced. Aleck William Bourne, a prominent obstetrical surgeon, is charged with having illegally used an instrument on the girl. The Attorney-General’s speech for the prosecution consisted chiefly of the reading of letters exchanged between Bourne and Dr. Joan Malleson, who brought the girls condition to Bourne’s notice. Dr. Malleson pointing out to the police and other doctors connected with the case that it was felt an operation should be performed, adding that many people believe the best means of correcting the abortion law is to let the medical profession extend the grounds in suitable cases until the law is obsolete in practice. “I imagine public opinion is immensely in favour of the termination of pregnancy in these cases,” she said. Chief-Inspector Bridger stated in evidence that when he saw Bourne at St. Mary’s Hospital he admitted the operation, adding: "In my view it may be dangerous for a girl of her age to bear a full-term child.” Judge’s Direction. The Judge, Sir Malcolm MacNaghten, 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.” Mr. Roland Oliver, K.C., before opening the case for the defence, pointed out that the case was not covered by any authority. It depended on the Judge’s decision whether the means adopted were unlawful. Addressing the jury, Mr. Oliver contended that Bourne acted on motives of the purest charity. Bourne, in evidence, said: "I think 99 per cent, of the profession will agree that the operation should have been performed.” Dr. John Rawlings Rees. Medical Director of the Tavistock Clinic, and Lord Holder stated in evidence that in the circumstances they would have advised an operation. The case stands adjourned.