THE HONGKONG
TELEGRAPH,
AUGUST MONDAY,
Dr. Bourne Is Cheered By His
22, 1938.
Colleagues
SURGEON VINDICATED IN DRAMATIC
OPERATION CASE
Judge Bows To Accused "Not Guilty" Verdict Is Returned
Doctors stood on their chairs and cheered loudly when, at the British Medical Association's conference at Plymouth recently, the secretary, Dr. G. G. Anderson. announced: "I have just been told that Mr. Aleck Bourne has been found Not Guilty.".
MED
By H. I.. MCNALLY
[EDICAL history was made by the verdict of an Old Bailey jury recently which found Mr. Aleck William Bourne, the Wimpole-street obstetric surgeon, Not Guilty of unlawfully using an instrument on a girl under the age of 15 to prevent her from becoming a mother after she had been assaulted by a trooper of the Royal Horse Guards.
Mr. Bourne ant impassively in the dock listening to the final speeches of Mr. Roland Oliver, K.C., on his behalf, and of Sir Donald Somervell, K.C., the Attorney-General.
sulfering from a disease which nade un operation inadvisable.
Mr. Bourne found the girl a sensi- dve, intelligent child, trying to hide her feelings behind a musk of cour-
He heard the judge, Mr.or Justice Macnaghten, say in his summing-up that he could not agree with the Attorney-Gen eral that there is a clear line of distinction between preserva- tion of life and of health, "Life depends on health" he said.
women,
circumstances," these
aded
As
People in the Case
Mr. Aleck William Bourne, aged 52, is obstetrical surgeon to Queen Charlotte's Hospital and St. Mary's Hospital, Lon- don.
He is the author of several publications on obstetrics und Kynecology; is married and has spends three daughters, and much of his leisure cruising in small yachts.
the Crown Prosecuting for was Sir Donald Sumervell, K.C.. Attorney-General L. A. led by Mr. Byrne and Mr. Henry Elam.
Mr. Roland Oliver. K.C., 54 years of age, Recorder of Folke- stone, and Mr. Gerald Theslger defended Mr. Bourne.
Whether it was legal or illegal you
was on
They Survived 'Olympian' Disaster
Many of the passengers on the "Olympian" were not as fortunate us these men. Spared the denih by drowning that claimed more than two score of their fellow travelers, they are pictured as they crawled from a window of their demolished conch after a fruitless search for their baggage. The crack Milwaukee train had plunged nto Custer Creek in castern Montann after a "Rash Good" weak- ened a bridge.
It Takes 68
Sec. To Make
man, one of a profession devoted Red-Heads
the alleviation of human suffering."
will have to determine; but the per- of the operation formance Mr. Oliver, the operated and you act of chority without fee, and un- have to say whether he committed questionably Mr. Bourne believed he he didi not. was doing the right thing in the per- a telony or whether The jury, which included two Whether he committed a crime formance of his duty as a medical to took only 40 minutes to whether he did what he believed to reach a unanimous verdict of Not be his duty."
AL- Guilty, and when he heard it, Mr. Sir Donald Somervell, the
It had rightly been said that this Justice Maenaghten buwed to Mr.torney-General, said that procuring
means, case la one of great importance to Bourne and smiled at lám.
of a miscarriage by any whether by drug or instrument, had the pubile, and more especially to medical prfoession, but it had GIRL'S THANKS
been, as Mr. Justice Macnaghten said the
with the ordinary enses on Monday, a grave offence under nothing to our laws for many, many years, if of the procuring of abortion to which
he had referred. indeed, for always. "Just as our law is based on the
"You have heard a great deal off Bfe, and the sacredness of human
life is the must discussion of the difference between His wife and two daughters were taking of human
in the criminal danger to life and danger to health," the first to grip his hands, and the serious offence
is deating Mr. Justice Macnaghten went on. girl in the case run forward to offer calendar, so when her thanks. Her father, too, con- with an unburn child, although that "You may be more fortunate than Kratulated Mr.
unborn child is not a human life, its am, but I confess I have had great discussion really meant. Life de- potential life," he said. poten another. "As I have indicated, 1 am not pends on health and it may be that He was referring to the submitting to you that an operation if health is gravely impaired, death
this results." within the words of
Bet if it his blue- section was on unlawful
Ushers Immediately suppressed an attempt at applause, but nir. Bourne, when he left the dock, was imme- diately surrounded by friends eager to congratulate him.
one
"I can say. Mr. Bourne destruction is the destruction of aldifliculty in understanding what the
told me, "because this matter willi
10
come
before
have tribunal." General Medical Council.
comtry
But Miss Joun Bourne. This were done to preseive the life of the
eyed, blonde daughter,
is wonderful. I am so happy father mother.
I pregnancy was likely to make a woman a physical or mental wreck,
In these
has been found Net Guilty. I was "In considering this question you they were quite entitled to take the sure he would be all right after will, I suggest, proceed on the basis view that a doctor, who
case," had heard the whole, of the
that there is a fundamental difference circumstances and led by his belief post of preserving the fe of the The girl on whoin Mr. Bourne between preserving life and preserv-operated, was operating for the pur- operated said: "I shall never forget ing health. Mr. Bourne's kindness. 1.anı so
gli "You may get border-line cases, woman,
case,
Unconscious
.
RADIO BROADCAST
Fifth Cricket Test Match From the Oval EMPIRE EXCHANGE DR. C. J. M. DAWKINS,
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12.0-12.20 p.m. Relay of Service St. John's frum and red-haired people in 68ser. of Intercession
H.K.T.
"On seeing a patient with Cathedral.
12.30 Bizel-The Jeux D'Enfants'
red hair come into the gas-suite and Other Compositions.
Ballet Suite 'Joux D'Enfants' one instinctively pre- room,
London Philharmonic 22
Dorati. Antal pares for difficulties," Dr. Op.
Orchestra cond. by Mi Par D'Udir Ancora (I still seem Dawkins added.
to hear) Act - Pesentori di Perle Beniamino Gigli. Carmen-Vocal
Light Opera Company. Gems ..
1.0 Local Time Signal and Weather Report.
Life Cycle in Sevens.
San Jose, Cal. Edward Russell, electrical contrae-
as many
on the seventh
day
1.03 Patricia Rossborough Plano.
at the
Dizzy Fingers (Contrey); Manhat- tan Music Box-Selection. Finger The question the jury had to eon-tor, thinks he has boul Hot off." Her father said: "The but it is important, and perhaps a
whether they were "sevens" in his life as anyone else. Prints (Englemana); Medley-Intro: to realise sider was not he verdict is what, we hoped for and vital issue in this what think any reasonable man that there is a distinellon in kind satisfied that Mr. Bourne did the He was born
1.15 Ambrose and His Orchestra. We are very between those words." would have decided.
Fox Trot-A Fine Romance (From Sir Donald said the judge had told "peration in good faith for the pur- of the seventh month of the year, My Blue ficaven, Sweet Sue. The happy about it."
"Swing
Time"); Fox Trot The Way Mr. Bourne's action had been up- the jury that the prosecution hard to pose of preserving the life of the is the seventh son, and was named Japanese Sandman.
You Look To-night (From "Swing proved in the witness-box by Lord satisfy them that the operation was girl, but whether the Crown had after the King Edward VII of Eng-
the purpose only of proved the negative of that.
Time") Rumba-Creole Lady. Fux Horder, the King's Physician, Mr. not done for
He would submit on
2rot--1 Get a Kick Out of You (From life.
"Anything Goes"): Fox Trot--Any- Press, Reuter and Rugby 1.30
and Announce Weather Forecast
W. Gillist, the obstetrie surgeon, and that that burden had
Dr.
1. J. Itees, the psychologist.
the
Mr. Bourne was cheered by a large been sailsfied, and that the opera- crowd when he left the Old Bailey tion was not done for the purpose
only of preserving
to drive to Wimpole-street,
The Crown case was that the law did not go beyond saying it was not unlawful if such an operation was performed to save
life.
Sir Donald, after qualing the letter in which Mr. Bourne said, "I have done this before, and have not the
n mother's life. slightest hesitation in doing it again,"
Mr. Bourne's defence was that he
continued, "I am suggesting that the
did it because there was danger to letter shows that Mr. Bourne takes the child had Л wide view of the case in which been born. He would not draw a this is
the girl's health
line, he suld, between danger to te
and danger to health.
TO END CONTROVERSY
"It
is
land.
FOUR BIG JAILS WILL BE thing Goes (From "Anything Goes"),
PULLED DOWN
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States Navy Band. Vocal-Daisy Bell; After the Bail; Two Little Girls
The Old-Time In Blue. In Blue
Vocal
..Clapham
Humorous-Arguments ....C de
und Dwyer.
right to remember that we 66 A Country Camp” For Women age: La Guinguette a Ferme ret
are here dealing with
matter
which is, in many circumstances and on many occasions, an ordeal to the
a woman
Mr. Roland Oliver, K.C., for Mr.health, and, in many cases, to the Bourne, began his address to the jury nervous system of
who
by saying that many people, he bears a child, and although no one would seek in any way to minimise might wou imagined, thought the case
of the experience through some effort on the part of the horror involve
may be taken to Mr. Bourne to get the law altered, which this child went or sympathise
extend it, or to get a jury to with steps that
grounds, lessen the trouble in life after, that acquit him on sympathetic
thought he is not the question you have to de- and not because they
cide. committed un offence.
Mr. Justice Macnaghten, in his! "His attitude," sald Mr. Oliver, " nothing of the kind. His attitude is cumming up, said the charge against
hnd rot
I
Prisoners
J
Chanson
Orchestra. Songs we Stately The
Damla with
Violets Vocal-Where are th Sung ("Operelle"); Homes of England ("Operette")" Noel Coward. Orchestra-Musical Box (Heykens); Springtime Serenade (Heykens)... Marek Weber & His Orchestra.
215 Close Down. 6.00 For the Children. Nursery Rhymes
Pentonville is to be abolished. It is to become a housing site. Reading Jail is to be pulled down to improve the icm- amenities of the town. Oxford jail is to go to make way for
Uncle George the new Nuffield College of Medicine. Holloway is
and His Party. Singing Games Jolly Chalmers Loo.. Miller: Lubin porarily to house men prisoners, and women prisoners are to
Wood's Orchestra. From the Studio be moved into a new prison "camp" in the country.
"We have had a housing programme for the people, and we-Serial Story-"Seeing the Empire" a-bye Baby; (b) Lullaby (Mozart): 'Esale Ack- is Mr. Bourne was very grave, and what
19
land. honest, and I have not punishment for such a crime might should now have a housing programme for prisoners," said the Songs-At Mothers Knce: (a) Hush- right,
0.30 Stravinsky--Apollo Masagetes. committed any offence at all. What be penal servitude for life.
"Fudged by the cases that come Home Secretary, Sir Samuel Hoare, making these announcements (e) Sweet and Low
crime by noin the House of Commons.
Played by the Boyd Neel String have done is to get the law de-
said. This
Orchestra condueled by Boyd Neel. "1 am glad to say that we have, mare in the nature of a camp in the clared so that there should no longer before the court, it is
7.00 Lina Pagilluzhi (Soprana).
from 11 Vezzosn" "We are going to start ds soon his be this controversy ninong the public means uncommon," he
"Son Vergin and medicat professions as to what is the second case at this July formed at the Home Office for the country.
we get a suitable site, Holloway will a doctor was allowed to do, and sions of this court where chargerst time in the whole history of to prison administration in this country has been preferred under this Sec-
then be closed as a women's prison Puritan! (Bellini): "Qui la Voce tun what he was not allowed to do,
and the men from Fentonville will Soave" from I Puritani' (Bellini).
Violin and Viola Solos. "His view, shared by the most dis- tion, and I only mention that
go either to' Holloway or to Wands-
Violin-Tambourin Chinois (Krel- (Kurt of his colleagues, is that show how different is the case nowa programme for the future.
the usual type
Szigett tinguished
"Such a programine, it seems to
or possibly to
sier) Josephi the criminal where in the true interests of the before you from
mg, should start from two points.worth One point is Pentonville, where we Scrubs.
(d'Hervelala); patient's health which involves with which comes before
"But as a result of building a new Ruhrseliz at the Piano), Viola da La Nenpo- the true interests of the patient's courts.
"In that case, a woman without have a prison bulit nearly 100 years
Menuett (d'Hervelois); life, and it is in his view necessary
litoine (d'Hervelois). Sylvin to operate, he will operate unless in any medical skill or any medical ago and situated in a densely popu- women's prison we shall be able to Gamba Prelude
Those parts of the scheme must Grummer. Violin Prelude From what is alleged led district. The second point at this court it is laid down by my lord qualification dki
She did which we ought to begin is a new get rid of Pentonville altogether.
depend on the future when we are
Sonata No. 1 in G Minor (Bach); and your verdict that it is not to be against Mr. Bourne here.
to build what I would like to Lablo it for money, £2 53. was her fee, women's prison.
Henry Merkel to distance
see bullt: a new men's prison on Two Minuets From Sonata No. 0 in
E Mejor (Bach)... could take are obviously other views and she came from a There
£1 was do it. place in London
"I do not know," said Sir Samuel, up-to-date lines which
from Oxford and (Unaccompanied),"
7.28 Closing Local Stock Quotations. Firth you may lake.
"Can that be the law? I say it is paid to make the appointment.
7.30 London Relay-The used her instrument, and then, in "if many members here present have the prisoners
Match-England father
not visited Holloway. If they have they Reading." extravagant proposition.
Cricket Test measured a doctor is faced with the prac-an interval of time
Australia. tical certainty that a girl will have aby minutes but by seconds, the vic- would agree that you could not have dead a building much more unsuited than complete mental and nervous break-im of her malpractice was down, he must not opernte. I sub-upon the floor. She was paid the Holloway for the ordinary woman mit that proposition cannot be right. rest of her fee and she went away.prisoner. It revolts one's sense of justice, and every other sense."
it
done
gain.
nn
THE UNBORN CHILD
"ACT OF CHARITY"
comes
She
"HOLLOWAY UNSUITED"
the
Wormwood
Kennington
V.
Los Angeles Horse Town Commentary during play, by
Pasadena, Cal.
Los Angeles' horse population now
Marshall from
Oval, London.
7.40 Dance Masto.
Comedy Fox-Trot-Algernon, Wil- Thursday
Night
"My Brat move," continued the Home Secretary, "is, to take "That is more the class of case necessary steps for building a new
the before
and Roy .Harry which usually
the most densely horse populated When Holloway,
in county in the United States. The Egypt Mr. Bourne had a duty to his court. The case here is very dif-women's prison for the women in numbers 2,202 horses, consituting flesnoop, John; Comedy Fox-Trob
"The kind of prison I have
(Continued on Page 5.) patient, and said that he decided to ferent. Here a man of the highest
at one of our great mind is something entirely different population consists of 1,404 livery Orchestra. Wallz-Secrets of
Holloway-something much animals and 798 boarding animals. operato on her unless she had been skill, openly,
an operation, from home; mental defective, a prostitute, hospitals, performs
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