A MEDICAL MAN COMMITTED FOR TRIAL ON A CHARGE OF MANSLAUGHTER.

Westport Times, Volume III, Issue 391, 31 October 1868, Page 6

A MEDICAL MAN COMMITTED FOR TRIAL ON A CHARGE OF MANSLAUGHTER.

We extract; the following report of a recent inque-d at iiokitika in which it will be seen a well known medical man has been committed for trial on the above charge, from the Hokitika Star of Thursda) last:—The inquiry into .the cause of the death of Janet M'AuliiT, which was adjourned from yesterday, was resumed this morning at 11 o'clock.

John M'Auliff's examination continued—l went for Dr Acheson, who came at my request. After Dr Acheson came in he continued. Dr Acheson remained an hour or two. The two doctors went out together, afterwards returned with Dr Rosetti. The three doctors remained till midnight, when Dr Acheson and Dr Rosetti went away. Immediately after they went away Dr Mourilyan came to the door and complained of thenconduct, lie then went away, and shortly after returned. When he came bae'e he took off his cape, lay down, and went to sleep. I then went in and conversed with my wife, and while I was in the room her pains came on again, and he was awakened np. Deceased drew his attention to an instrument which was in the bed, and expressed a wish to turn in her bed, I then told him about tbeinstrument. He said "Hang the instrument, its all right, turn or do what you like," and refused to get up. With the assistance of the woman I turned deceased in the bed. I thought that he was behaving very strangely, so I said I would go for Dr Acheson and Rosetti. Dr Mourilyan then got up and came over to deceased's bed. He was then not rightly awake. Deceased said something, and he spoke to her in a very sharp maimer. I then went out for the two other doctors. This was at two o'clock, and deceased was as strong as she was at the time the two doctors £'r t saw her. 1 was absent an hour away, and when I came back she seemed to be very weak, and Acheson remarked the weakness when he came in, and he inquired the reason of it from Dr Mourilyan. Dr Mourilyan said he did not know. I told Dr Acheson that Dr Mourilyan had been sleeping all the time he had been away. In the morning Dr Mourilyan said that the other doctors could go an 1 obtain refreshment but that he could not go. He also said that he did not consider them gentlemen, because thev held their consultations by themselves, and never said a word to him. I asked Dr Acheson if Dr Mourilyan could go away for half-an-hour, hut* he said that he (Dr Mourilyan) had no right to leave, as it was his case, but that lie (Dr Acheson) would remain and see the last of it. Dr Mourilyan appeared very anxious to go home Deceased evinced a marked repugnance to Dr Mourilyan, p.rd when he was in the room refused to take any medicine. Dr Mourilyan went home two or three hours before the deceased died, and without saying to the other doctors, and did not return until this morning. Drßoseiti said that if she did not rally she could not bo delivered, and if she was delivered she could not get over it. I took a message from Dr Acheson to Dr Beswick, requesting I him to come up. Mrs Beswick said I that he had been out late the night I before and could not come before j 12 o'clock. He would not come, and j when I returned she had just breathed j her last. The Rev. Mr Gow was sent! for some time before her death, and when he was present she, addressing Dr Mourilyan, said, "In the presence of all here I lay my death to your charge." When Dr Mouril- i yan came to my house this morning I asked him how it was that he had not come before. He said that when he went home his wife had been very ill, and that he could not leave her to attend to any ona else. In reply to questions from the jury this witness stated that Dr Acheson ordered deceased beef tea, but it was too late to got beef to make it with. He also admitted having struck his I wife some time since.

Mary Fleming was recalled, and corroborated the last witness' eviperice in reference to what passed when deceased was turned in her bed.

George Henry Acheson, legally qualified medical practitioner, on being sworn, gave a history of the case, and expressed his opinion that had any competent medical man been in attendance deceased would have still been alive. He also stated the result of the post mortem examination. Dr Rosetti corroborated the evidence of last witness in every particular, and also concurred in his opinion that had there been proper medical attendance the woman's life would hav~ been saved.

Margaret Barnett, a married woman presiding on the Market Reserve,

deposed—have known the deceased for some time. I went to her house at 10 o'clock on Saturday night at her request. Decease! was then complaining, hut not seriously ill. I left again about midnight. I again visited her between 7 and 8 o'clock on (Sunday morning. There did not appear to be a difference in health in the morning. I vidited her several times during the day. I remained from 2 o'clock in the afternoon till after the first child was born, and up to the irriya! of Dr Mourilyan. lie came between five and six. He told those present that there was no danger. I left about 12 o'clock. On Monday morning and also in the afternoon I was in the house of deceased. At the latter time I saw Dr Mourilyan. Deceased appeared to be in unusual pain. I left about dusk. Previous to my leaving, the husband of the deceased came to the door and asked whether he would get another doctor. I and the other woman in the place said that we thought it advisable, but Dr Mourilyan objected. Afterwards he consented and Acheson was sent for Deceased showed great dislike for Dr Mourilyan. Deceased appeared to be very much frightened and said that she thought she was dying. By the Jury—l did not notice any signs of drink on Dr Mourilyan. The Coroner in summing up touched upon the more salient points of the witness, and told the jury that the point for them to consider was whether the death of the deceased was caused by the negligence of her medical attendant, or occurred through natural causes, and if they returned a verdict to the former effect it would be equivalent to manslaughter. The jury after deliberating for about half-an-hour, returned the following verdict—" That it is the opinion of this jury that the deceased Janet M'A.uliff came by her death through exhaustion caused by the culpable negligence of her medical attendant Dr Mourilyan." The Coroner said that the verdict was tantamount toone of manslaughter. A warrant for the committal of Dr Mourilyan on that charge was made out, and he was arrested. The Coroner said that he would accept bail, the prisoner in £IOO, and two sureties of £SO each.