SUPREME COURT, INVERCARGILL.

Western Star, Issue 403, 22 December 1880, Page 2

SUPREME COURT, INVERCARGILL.

Monday, 20txi December. (Before His Honor Judge Williams.)

The Court sat for the first time iu the new Hall of Justieo.

11 is Honor, addressing the Grand Jury, congratulated them and expressed his great satisfaction in opening the spacious and magnificent lis.ll. For many years the sittings of the Supreme Court in this district, had been held under circumstances of great inconvenience and discomfort to till concerned — circumstances which had now happily passed iiwaj’. At idle last silting of (.lie Court the Grand Jury had made a suggestion that more frequent sittings of the Court should t e held in tin’s place. This suggestion had been forwarded by him to the (Jon.mission which wm engaged in inves'ignlmg the procedure of the Supreme Court, and the result of which would probably be that reforms would be inaugurated (laving for their object? the simplifying of the process, and lessening of the expenses, of the Court. There might thus he a possibility of more frequent sittings at (his place. His Honor mentioned the action ho had taken in the matter to show that the suggestion of the Grand Jurv had not been forgotten by him. He took the opportunity #f congratulating the Grand Jury, on the comparative absence of crime—from which the district, had always been exceptionally free—-as evidenced by the remarkable light calendar. His Honor Mien said : —“ There is only one case upon which it is necessary for me to remark—a charge of manslaughter against a medical man. The deceased was a woman whom the accused had attended whilo site was m chil l-bed. The cause of death is shown to have been a. rupture of the womb, followed by inflammation. The question ton have to consider is whether the death was euti<,.yl hv the culpable negligence of the accused. Yon have to determine first, whether the dcai.lt was brought about by anything tlie accused did, or omitted to do, and you have then further to consider whet her such act <>r omission on the part of tile accused amounted to culpable negligence. I? very medical man who undertakes a ease is assumed to have ordinary professional skill, and if he treats his patient with a palpable want of such ordinary skill,and death occurs in con seq it mice of such want of skill, ho is criminally responsible. He is also hound, if iiu cominmiecs an operation, such, for instance, us the delivery of a woman, to continue it to completion, unless circumstances arise which reasonably prevent or excuse him from proceeding further. If he improperly and negligently omitted to do something to complete the operation which a practitioner of ordinary skill might ix= expected to do ho is answerable for the consequences.

A medical man. however, is not liable for a mew error of judgment on questions in respect of which there may be fairly said to he a difference of professional opinion : nor would a practitioner hr liable for the fetal re - • suits of an one ret ion, unlcs- they p'iai'jlj sreso j fnim the wan 1 of ordinary skill on (hr- pact n! j t!ie operator.” His honor having brieSc al- j lu ie l 10 the remaining eases, the Grand Jury retired to their room. - Mr Finn asked if His Honor would proceed wiih the case of Regina v. M'Kay, the the accused having been in custody, in default of bail, since die previous session. His Honor said I but, as counsel would be aware t'ne Court of Appeal bad quashed the conviction, but, he found on enquiry that the necessary certificate to that effect had not been forwarded. He had telegraphed to the clerk of that Court, and as he (the Judge) was personally aware of the decision of the Appeal Court, there could be no objection to McKay being reb ased on bis.own recognisances. Adtbo Crown, Prosecutor (Mr T. M. I MacDonald), His Honor said that as McKay had escaped punishment, Cameron, who was only a tool in the matter, would probably be pardoned, and he believed that Whifidon ((lie actual fire raisc-r) would also be liberated. Against Francis Baton Philip (Arrow), for larceny as a bailee, and Catherine Woods, for larceny frrm the Junction Hotel, the Grand Jorv found no bills. The Grand Jury found true bills in the charge of manslaughter preferred against J. A. Moffutt, and of bestiality against H. Leitgens. ■ The Grand Jury having concluded its deliberations, made through the foreman (Mr J. R. Cuthbertson) the following presentment; —Thor desired to congratulate His Honor on the opening of the fine building in which they now mot for the first time, and expressed a hope that the Commission at present investigating the procedure of the Supreme Coujt would see its way to a reduction of the expenses involved in. appearances before it, and also to grant more frequent siftings in this district. The Grand Jury wished him heklth ami salisfaefi m in the holiday which it was Understood If is Honor was about to , take. His Honor ’thanked the gentlemen of the jury for i heir expressions of good will towards himself, and trusted that lie would come back refreshed, with the intention of spending some years of usefulness, in the colony. As regarded the renewed suggestions o r the Grand Jury, lie would take care they were not lost sight of. His Honor having thanked the jury for their services, discharged them from further attendance. - ‘ A common jury .having been empanelled, "Robert "Lob gens, w;ho was defended by Mr Finn, was pat <m his trial on a charge as above. His Honor having charged the Jury, they retired for a few uiiwut.es, after wiiich they returned a verdict of Guilty of the attempt. His Honor sentenced the prisoner to two years’ imprisonment, with hard labor.— “ Southland Times.”