1935-08-13 — Page 5

ALLEGED NEGLIGENCE

HEARING OF FATHER'S SUMMONS AGAINST DOCTOR.

DEATH OF CHILD IN HOSPITAL

A farge crowd, including many European and Chinese members of the medical profession, was present at the Central Magistracy yesterday afternoon, when hearing of the summons against Dr. Arthur. W. Woo, senior partner of the Woo Clinic, China Buildings, for alleged wilful neglect and exposure of a child patient; was commenced before Mr. W. Schofield,

Mr. John B. H. Waan, Chinese Secretary to the Italian Consulate, complainant in the case, underwent searching cross- examination, by Mr. F. G. Jenkin, K.C., who is conducting the defence, Instructed by Mr. G. K. Hall Brutton, of Messrs. G. K. Hall Brutton and Company.

Mr, E. 8. C. Brooks, of Hastings and Company, appeared for the prosecution. '

The sunmetis, taken out under, French Hospital in about

THE HONGKONG TELEGRAPH. TUESDAY, AUGUST 15, 1935.

thirteen

they met Dr. Lai Kwong-yuk, the

called in Instantly required - Did you Interview any of these

don't know.

Doctor v. Doctor

On Saturday, July 21, did you oc. casion to be published in the press in the Colony a notice of thanks to Dr. Montgomory for his devotion, care and Interest in your child's case

Yes.

Was

The summons In this care signed on the 31st day of July, you can take that from me, Waan. So that it would appear to you and per- haps you will agree with me that ai the time that you published this notice of thanks you were actually consider. ing and working up this case against Dr. Woo 7--No.

When did you start it July 20, On July 20 I went to see Mr. Brooks, What form of action, criminal or civil ?-Criminal.

What put that into your head Mynelt.

Mr. Jenkin: I might have thought that.

Mr. Jenkin: If there was one man in this Colony who could advise you as to the sensibility or righteousness Woo, it was Dr. Montgomery, who you have publicly thanked for his care. devotion and interest in your child's CAAP 71 don't think so.

peoplet-No, I didn't.

Neither you nor anyone on your be- half attempted in the slightest to Interview the people connected with this case-No.

Mr. Jenkins You have included in your advertisement the Sisters and Staff of the French Hospital for their devotion, care and attention to your child. Are they not the very people we want here to criticise the case of Dr. WooI did not criticise.

How old are you !—Thirty-two. You have launched this case againat this professional man without at- templing to get the slightest infornia. tion from anybody, and there were a great number of them concerned in The matter. You realise that, don't

you you. Are

not ashamed 7- Ashamed. What for?

Mr. Jenkin: For taking such a monstrous courne,

Better Nursing

I

Witness, replying to Mr. Brooks, said that he interviewed Mr. Brook later to consider, whether criminal action could be taken.

Mr. Brooks: I am glad to say that my learned friend now agrees with my opinion.

Friend's Evidence

The next witness, Fok Kam-kwong, clork of the Chartered Bank, residing at 201 Hennessy Road, testified that as the result of a telephone message.

went to the Woo on July 23 ho Nursing Home at about 0.15 p.m.

Aa-n result of a conversation with Mrs. Wann; witness wont out of the room to telephono for. A Chinese doctor, but he could not find the name of Chan Pak-tan in the directory and returned to the room twenty minutes Inter. Dr. Woo wan talking to Mrs. Waan. The conversation was kalf in English and half in Chinese. Dr. Wes Replying to further questions, wit said: "Ho m'ho nger suggest Dr. noon said that he was a Catholic and Dunje 7" Mrs. Waan was crying and knew of the French Hospital. Dr. Woonid: "If you want to take the child had told him that nursing generally to the French Hospital it would be of a higher order than it was at the Woo Nursing Home. Witness said he agreed with Dr. Woo that that was so. Mr. Jonkin: Then explain to us the objection to your child being removed. Witness: Because it was in such a critical condition.

Ordinance 2 of 1866, Section 20A, minutes. At the French Hospital, of bringing proceedings against Dr. at the French Hospital was necessarily better for mo to take her home." alleges that between July 18 and July 24 this year, the defendant, being a fendant's partner, by chancestors person over the age of sixteen years, took them to room No. 31. The of the who had the custody, charge or care and nurses tried their best for the of the complainant's child, Natalina child. One of them took the child's Wann. aged 31 month, wilfully temperature, and it was a little over neglected and exposed the said child 106 degrees. in a manner likely to enuse such child unnecessary injury to her health.

Not Tell the Illness

At the commencement of the bear-

About three-quarter of an hour ing, Mr. Brooks put in an alternative Ister, continued witness, the defun- charge which was to the effect that dont arrived, and shortly after Dr. the defendunt between July 18 and Montgomery. The three doctors held July 24 unlawfully exposed the cam- plainant's daughter, Natalina, being consultation in another room, after which the defendant and Dr. Lai teft.

Under the age of two years, by which later that evening the child was given the life of the child was endangerci!

are an injection in the stomach, and she and by which the health

died about 12.50 p.m. Dr. Woo did not was likely to be permanently injured, tell him at any time, although he had nothing further to add to his opening suffering from. But he was told by Mr. Brooks then stated he had asked him, what disease the child was At the previous hearing, except 1 Mr. Bianconi on July 31 that the say that refusal of the defendant to discase was dysentery, which develop call in a second opinion actually tooked into meningitis. place twice on July 20, and not once

Dr. Montgomery, said witness as he had said in his original opening. came into the Nursing Home once as One refusal was about

p.nl. and the he had another case, and stayed at other about 7.30 p.m.

h child's bed for two

three

The complainant, John Sik Hing seconds, but he had not asked Dr. Wann, residing at No. 72 Seen Keen Montgomery to come. It was a sur Terrace, Causeway Bay, Socretary to the Italian Consul-prise to them that he came.

Chineno

General, then took his stand in the witness box,

Object of Proceedings

Cross-Examination

Why not?--Because doctors do not go against doctors.

You did not attempt to approach Dr. Montgomery and ask him as to whether or not anything Dr. Woo had done brought him within the four corners of the criminal law?—Yes.

Criminal Law

And the stupid, groundiens

reason

you give is because doctors har to Do you suggest that Dr. Montgomery, would not have inter- viewed you if you tried to have an interview with him? Do you sur have accorded you an interview If gest that Dr. Montgomery would not you wanted one I don't understand

you.

Mr. Jenkin: What do you

know about the criminal law?-I consulted Mr. Brooks.

Was it ever suggested to you that Dr. Montgomery was the very man to if there was one man above all, that

hold of and consult him on bring- Ket ing an action of this kind?-No,

nevet.

Mr. Jenkin: So I might have

Mr. Jenkin: Dr. Montgomery has in fnet been sub-poenaed. He is my wit poss Naturally.

this bombshell was thrown at us we saw

Cross-examined by Mr. Jenkin, | thought. witness said he was born in Java, and He was first asked by Mr. Brooks had been to Canada, from where he the object of his insiituiing the pro-had returned to Hongkong about seven ceedings, and replied that he wanted years ago. the to be known to public.

nt once

Witness: I never thought of it.

Witness then said that on July 18| Mr. Brooks, at this stage, objected ho placed his daughter in the defen- to the questions put by Mr. Jenkin, On Wednesday last we came up here dant's Nursing Home. His daughter unless Mr. Jonkin was going to pro-and this day was fixed for the first day was 31 months old, and she was induce evidence of bad character. the Home from July 18 to July 23. Mr. Jenkin replied that his ques- On July 20 about 2.30 p.az. he spoke tions wure only going to prove the with the defendant in the

witness's Nursing veracity of the

evidence. Home, and enquired what illness she He was trying to find out whether he

had the right man in the box, was suffering from.

The defendant repiled, "Well, I don't

know

Mr. Brackin said he did not know whether Mr. Jenkin had any morg such questions to ask, but if he hail, he must object..

on

of the hearing, and it was not until after that, that your solicitors your behalf wrote to Dr. Montgomery to know whether he could come help7--Mr. Brooks told me.

and

Dr. Montgomery, has been mul poenaed to give evidence on your be half-Yes.

ife (witness) then suggested to the

Dr. Montgomery's Position defendant to call "Professor, the blue- eyed Gerrard of

Mr. Jenkin replied he was going to the Hongkong follow it right up

to the hilt and It is a pity you did not find this out University." The defendant then said in a rough voice, "Do you trust would presently ask the Magistrate from him before you instituted these Dr. Montgomery European doctors and not trust Chi-to entirely disbelieve the witness, for proceedings. If Dese doctors? You prefer to give rensons he would give, and the reason stated in that witness box that never that $25 to an European doctor, in- why the charge was launched by the in his professional experience has he stead of a Chinese doctor, You al witness would, he hoped, come out in known a child in like circumstances, suffering from bacilliary dysentery, to cross-examination. ways complain that my charges pre too expensive, and ask for reduction,

have received such a degree of care all the medical Why don't you give it to me the

stand in that box as the complainant 7 and you are willing to give away $26.

and attention frum men concerned, do you still want to defendant then walked to the door and

I don't get your iden. turned his face saying, "anyhow, Pro- fessor Gerrard is sick at present. He is in the hospital, I am going to visit him." The defendant then left.

Witness sald he gathered from the conversation that the defendant would not call in another doctor. His wife, two nurses, a servant, Al Fung, were present during the conversation.

Mr. Brooks then asked that the objected to questions of such a kind questions be reserved, as he strongly going in.

Examination Reserved

Mr. Schofield suggested that the questions be held ever, to which Mr. Jenkin agreed.

Mr. Jenkin (to witness): Do realize the nature of the charge you you are bringing?

Complainant: Yes,

with You are charging Dr. Woo neglect, wilful neglect and exposure?

Yes,

Counsel repeated the question, and ndled: Do you still persist in this charge? I am not a doctor.. How could I know?

Mr. Jenkin: That is your answer, It does you no credit,

Mr. Jonkin: If Dr. Montgomery states that there was not the slightest possibility of injury to your child by being removed to the French Hospital from the nursing home, do you still want to pose as the complainant?

Did Not Think It Advisable Continuing witness said that about .7.16 p.m. that some day, the defon- On the day of the admission of the dant came to the Nursing Home and child to the Nursing Home, she wan felt the child's pulse. He asked de- seen by two doctors ?—Yes, fondant about the child's condition, And later by four?—I don't know. but defendant did not reply. He then My wife was there. I was there in suggested to defendant that he should the evening. callin cant replied left.

an Europeah doctor. Defen- She was then seen by five doctora?

"I don't think it is ad-Yes. vizable

They were pretty careful on the On the morning of July 23, witness first day then? Yes. Two of the sald he was told by a nurse that his doctors were not defendant's partners, it. daughter's temperature was 106 de- they came in by chance. green. He did not think the nurse Are you suggesting that because wan in the child's best interests you And made a note of this on the tem they are Dr. Woo's partners, they are porature chart, because she was visitincompetent 1-1 don't understand. ing the child about six times an hour, taking her temperature and feeling by five doctors?--Yen.

Was your child seen in the evening. her pulse. About 6.15 p.m., Mr. and You will agree that the greatest Mrs. Fok Kam-kwong arrived, and his possible care was taken with regard to wife had a conversation with Mrs. Fok. Dr. Woo came in while Mr your child on the day of admission,

anyhow 7-Yes,

Fok was there, but Mr. Fok had gone out to telephone.

"felt tu said the witness, the child's pulse, and said to my

"Pretty Careful"

Six different doctors attended your

Yes.

wife, "What is your opinion f My child on the first day after admission?

wife replied, "What is my opinion? You are a doctor, you should know."

· The defendant then said, "I should say

you had better remove your child to the French Hospital" His wife,

Do you know, that during your child's stay in the Nursing Home, she

was seen by seven doctora ?--Yes.

Who attended her about forty

crying, said, "When you send a patient times 7-Yes. May be. of yours away from your Nursing Home to another hospital, the case is hopeless. I think

Pretty careful, wasn't it 7-Yes, You wanted Professor Gerrard 7-

had better take Yes. my daughter home." The defendant

nurses,

Who explained that to you?-The

What was her name --Ng Kou, and the No. 2 nurae.

You

ray that your wife was told by this nurse Ng Kne (No. 17 in your presence that the child had to be re-

ver because they did not want a dying child in that hospital. You did not believe that 7-Yes,

Mr. Brooks, interposing, mentioned the witness did not understand the that the witness was speaking in n question, and the Court must realine foreign language.

His Worship remarked that witness hnd chosen to speak English instead of Chinese,

Witness caused laughter when lie remarked that Mr. Brooks spoke more clearly than Mr. Jenkin.

Mr. Jenkin: 1

nm speaking the same language. I wish I could make myself as clear, (Laughter).

No Dying Cases

"Better go to the French Hospital, Wilneas continued: Dr. Woo sald, because there are more people allend. ing her there. The nurses are far more experience than these. Use my car. It is ready here." Mrs. Wann again cried and repented it would bo better to take the child home. Dr. Wou; said, "Be quick, don't lose time." Mrs. Woon might have said more, but wit- neas could not remember.

Car's Spred

Witness also went in the car, with the patient.

"In my opinkon the car was driven at an extraordinary speed," he said. "It was raising heavily at the time."

Mr. Brooks: Did Mrs. Wann ap pear to agree with the removal of the child to the hospital?-She did not. |- Did Mrs. Waan may anything as to f

the child's condition-Nothing.

Mr. Jenkin: Dr. Woo does not re- member ever seeing you and denies he suggested Dr. Bunje,-I saw him at the nursing home and at the hospital. He did suggest Dr. Bunje.

>

Mr. Brooks mentioned the witness may have been confused and may have

forgotten some of his evidence. He applied for leave to recall the witness later.

Mr. Jenkin repeated the question and added: That is clear. You understand that? Did you believe that the reason she gave wan a true one 7-I believed that the nursing His Worship: It Is a very ex- home did not want anyone dying traordinary application to make Mr.

Brooks. Has he not finished his evid enee hew !

there.

you that they had to get the child out You believed because the nurses told

at any cont?--Yes,

That is a lie, Waan, and you know to the learned Chief Magistrate when In a lie. Why did you not tell that you were giving your evidence !

Witness, replying further, said that it was at p.m. that the nurse made that statement.

Mr. Jenkin put it to witness that at that time the idea of the removal of the child had never been mooted or thought of. Dr. Woo was on his way down from Canton and arrived at tho home about 6,30 p.m. It was

not

until Dr. Woo canic that arrangements were made for the child's removal to to meet the child at the hospital and the French Hospital. Dr. Lai was sent

Dr. Montgomery was sent for.

Witness: How can you prove Dr. Woo was in Canton 7-

Mr. Jenkin: you.

I can prove it against

The Child's Interest

in.

Mr. Jenkin: You repeat that it was at four o'clock that this nurse formed your wife in your présence that it had already been decided that the child had to be removed to the French Hospital because they did not want her to die in the nursing home! --It was not decided yet.

say 7

Mr. Jenkin: What did she You don't understand me still, I süp- pane?

Mr. Jenkin: Very well, that answer satisfies me.

Mr. Jenkin: I test your honesty of purpose. If Dr. put this to you to Montgomery had advised that it was in the best interests of your child to have her removed to the French Hos-

Witness: The nurse said, "If the pital you would not have queried it for one second.--I would have questioned case is hopeless we don't want to get the trouble here of having a dead And if he had assured you that it body in this Nursing Home."

Mr. Jenkin: When the child was in would have epposed the removal?-fact removed, three hours later, to the Yes.

French Hospital, you believed that it Would you have, prosecuted Dr. was in the child's best interest and Montgomery 7--No.

only in the child's best Interest 7- Yes.

Why are you prosecuting Dr. Woo? Because I did ask him to consult another doctor and he refused. I did ask him from the beginning that I wanted Professor Gerrard.

Nothing Behind It

What is behind this prosecution, Waan-Nothing.

Mr. Brooks: May the question bo put to him this way. Did he think it was in the child's best interests? I think it is a more fair way.

Mr. Jenkin; I think it is clumsy.

moro

There is something ?--Nothing. I His Worship: Did you think it was want the case to be known to the necessary that the child be removed?

No, I didn't. public.

What Is behind It7--Nothing, What do you want the public to benefit from this prosecution? It is for their protection.

Mr. Jenkin: Have you been in a

Police Court before?

Mr. Brooks: 1 object to that ques-

then replied, "I think the French Hos- Dr. Woo said Professor Gerrard pital is better than thla Nursing could not attend because he was ill intion, your Worship. As far as I can Home, where the sisters are old and hospital? Yes.

Mr. Jenkin: Allhongh Dr. Woo had assured you that in fact it was in the best interests of your child to be re- moved to hospital, yet you thought it was unnecessary f Hadn't' Dr. Woo told you that. It was in the best in- terests of the child?—Yes.

I make out it is a question of character. Did you believe he was honest when

experienced and the nurses well train- Do you know that Dr. Woo went to It seems to me we may be getting ed. I don't think that your home see Professor Gerrard in hospital, and would have so many nurses to attend discussed you child's case with him?- the child." His wife then cried again. I. don't know. 'It comes as a surpelse

to me.

|

back to something very serious,

Mr. Jenkin: I am sorry if I have trespassed on the ok ground. I will wait until your Worship's ruling on. the point the next time.

he expressed that opinion?—I don't think so.

Nurse's Statement Re-examined by Mr. Brooks, wit- ness said the nurse made her state- Mr. Junkin: Perhaps you will ac- ment in the presence of witness, his copt this, that you asked for Profesor wife and Mr. Fok, Gerrard on the 19th--Yes.

Advised to Remove Child

Mr. Jenkin: Was not neglecting The defendant said, "Stop crying. was he?

your child very much at that period, Don't argue. If you want to kayo; No reply, your child, save it now. Dr. Bunje-in Mr. Jenkin; Do you know that on I put it to you that it was only at Mr. Brooks! My learned friend has staying somewhere near the French the same day Dr. Woo visited Pro-230 in the afternoon that you asked cross-examined you suggesting, that Hospit, and you can call him any fessor Gerrard he also visited Dr. for him, and that after that you did you took no advice at all. Did you moment. You must take the child Montgomery at the Matilde Hospital, not sak, for any other European in fact consult a doctor friend, who away Immediately."

and consulted with him- don't doctors to be called into consultation did not want his name disclosed 7-** Witness said that his wife then know.

at all?---I did ask for another doctor Yes, asked Mr. Fok to call

#taxicab, but Mr. Jenkin; You attach very great that aroning. I mentioned no INITI Your object in coming to see me the defendant said he would provide competence to Dr. Montgomery's on that occasion.

was not to commence criminal pro his own car. As the defendant was statua hero, don't you?—I don't quita Replying further, witness stated ceedings then? No... leaving he stopped him and asked him catch you. Dr. Montgomery only a that he obtained information from the to let the child remain, and call in an vised me at the French Hospital," nurse that the child's temperature was European doctor, but, defendant sald You were thankful for his advice? about 105, before she was removed. it was not necessary.

He (witness) then went back and

+ You still would rely entirely on any carried the child to the car. It was raining heavily, but the child did not one ?—Yes, wi jaat wetal Ten minutes before they On

Witness -added that Mr. Brooks wrote him an opinion as to the desirability of taking civil action. The opinion was that no civil action could Taken as there was no financial loss. course he suggested was the right Have you interviewed or attempted It was different to, the case of a girl carning money, and being killed

Yea

www.

No Criticism

be

of boy

to interview any doctors or any nurses in an accident the first day that Dr. or any professional people at all con- left the Homo, a nurse gave the child Montgomery called, which was July nected with your child's case. There Mr. Jenkin dlaagreed with the an injection, and another ■ minuta 22, Dr. Woo had gone to Canton, to were six doctors, excluding Dr. Woo, opinion and said that civil action could bafore they left. The car was driven perform an operation ?—I don't know, engaged upon this matter, also a core be taken, sillo

by the defendant's driver, who drove Do you know that ho left inatrue-itain number of nurses at the nursing Mr, Brooks said he had looked up xf such a speed that they reached the tions that Dr. Montgomery should be home and at the French Hospital authorities on the matter.

Mr. Brooks: No.

His Worship: Either give it now or never.

His Worship: Was there any other conversation?

Witness: I don't remember any. thing being said besides what I have deposed to at the present moment.

At this stage the hearing was d Journed until to-morrow afternoon at 2.30 p.m.

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