1938-08-20 — Page 13

THE HONGKONG

TELEGRAPH,

SATURDAY, AUGUST

20, 1938..

1

Full Report Of The Famous

Dr. Bourne Case

LONDON SURGEON CLAIMS

"I WAS JUSTIFIED"

DOCTORS PLEAD RIGHT TO AVERT

MOTHERHOOD

"I THINK 99 per cent. of my colleagues would be agreeable to have an operation performed on such patients as I have operated on. I am speaking for the whole profession."

This statement was made at the Old Bailey recently by Mr. Aleck William Bourne, the Wimpole-strect surgeon, during the hearing of a case which has attracted wide attention in medical circles.

Mr. Bourne has pleaded not guilty to unlawfully using an instrument with intent to procure the miscarriage of a girl of 15-who had been the victim of an offence committed by # trooper of the Royal Horse Guards.

When Mr. Bourne stepped into,

the the dock the Clerk read out indictment, which charged him with using, on June 14, an instrument-- a curette-with Intent to procure a miscarriage of a girl.

Before Mr. Bourne could plead, Mr. Roland Oliver, K.C. (for Mr. Bourne), rose and anid: "I am ob- jecting to this indictment," and men- did not contain the toned that it word "unlawfully." He went on "As it appears set out in the indiel- ment, it means that the act of pro- curing a miscarriage Is forbidden under any circumstances at all.

"I want it put in the indicimunt because the whole of my case, or a is that the vital great deal of it,

word in this case is 'unlawful.''

NO OBJECTION

-

Sir Donald Somervell, K.C., sajtt

he had no objection, and Mr. Justicel Mochaghten ruled that

Hospital by a doctor who took the conventional standpoint that the child might be a future Prime Minister of England, and I think he also suit that girls sometimes lead men on.” WITH HER MOTHER

Sir Donald continued that on May 27 Mr. Bourne wrote to Dr. Malle- son:

"an interested in the case of rape which you describe in your letter, I shall be delighted to admit her to St. Mary's and eurette her.

"I have done this before, and have not the slightest hesitation Therefore, in doing it again.

please let me have her name and address, or ask her parents to send her to see me. I have suid next time I had such an oppor- tunity I would write to the At- torney-General and invite him to take action."

On June 14, continued Sir Donald, the word the operation was performed.

The first witness was the girl in the indlelinent. The indictment was the case. Tall and good-looking the again read as amended, mentioning was wearing a dark brown cont and

"unlawfully" should be Inserted in:

Mr. Aleck Willum Boura aged 52, ubstetric surgeon and gynaecologist, of Wimpole-street, W.. pleaded not guilty to Д charge of unlawfully using an instrument upon mirt under the are at 15 with intent to procure a miscarriage. The girl, whose name was not given, hud been the victim of armult by a trooper of the Royal Horse Guards.

The Attorney-General, Sir Donald Somervelt, K.C., led for

und with him the prosecution, were Mr. L. A. Byrne and Mr. Henry Elam. Mr. Holand Oliver, K.C., and Mr. Gerald. Thesiger, were for the defence.

Charles Fenton Wingate, who said that up to June this year he was resident surgeon at St. Mary's Hos pital. He remembered the girl being admitted, and said that Mr. Bourne told him that he had been asked to see her, and the circumstances had been explained to him that she was pregnant as result of rope and was under the age of consent.

In reply to Mr. Oliver, he said in his view it was proper that Mr. have had the girl Bourne should

31.

[

added:

enu-

from the views of people who think that never in any circumstances should such an operation be per- formed, and probably go right along the line to people who would do t merely because an unfortunate child has been raped and has got to bear the child of some horrible man who has assaulted her.

"In between those two extreme there comes the view of a great body of medical men Who say that you cannot say you must never do it un- less the mother's life is in danger.

Umit You cannot

to that. You must Lake a reasonable view.

*

Mr Bourne ly prepared to malte urtyr of himself for getting the law in this matter declared. No one would suggest that the motives of. this gentleman are anything but the IL highest from beginning to end. would be almost insulting him to suggest that he had, but he did not get a penny piece for anything that he did."

"Mr. Bourne operated with the utmost skill," said Mr. Oliver, and was completely suc- the operation cessful, and she walked out well and happy, and still is so." HIS LIFE'S WORK

Mr.

Bourne, in the witness-box,

Kynaecologist

To your knowledge, have

the

the

Mr. Aleck W. Bourno

Mr. Oliver: What mischief were you fearing to her health when you learned to consider much the more did the operation? What I have important thing is the mental and nervous injury, which is so dimeult

to cure.

"Being the type of child I have discovered she is, I feel the mental

of your brother professionals co views be reported to the properrted enormously as to the circum-Injury would last a very long time

lind there would be, is all of us

under observation, as he did before said he was a consulting gynaecolo Your when it was Arst brought home performing the operation. He Rist, practising at Wimpole-street.

to her that she was pregnant. Tests agreed that there was a test for London. As h disease, before the operation was study of women's diseases had been were made, and instend of her bear- ing this really trifling discomfort his life's work. performed.

The termination of pregnancy was with fortitude, as the sister in the He agreed with what was done, known in the profession a therapeu- jiward hnd led me to believe, she ac-

tually broke down and cried." Dr. Wingate added.

tle abortion. Chief Inspector Walter Bridger, of

Mr. Oliver: Have you devoted af Scotland Yard, said that on June 14 he went to St. Mary's Hospital with great deal of attention to the con- another officer and saw Mr. Bourne.sideration of when, in your view,

such termination of pregnancy Bridger Chief Inspector "Mr. Bourne indicated that he had Justified? Yes. To all of us who practise psychology that is a constant performed the operation, and added, problem. "I want you to arrest me. tioned him and told him the facts would authority, and he said, 'The girl was brought to me by her mother to my stances in which it may be done?-- house at 12, Wimpole-street, on May Yes, there are some varied opinions now in medicine; a series of nerv- as to what constitutes so-called legal ous psychoneurotic and other trou- bles, with other secondary illnesses life," Mr. Bourne abortion. "She was admitted to St. Mary's

Did you have a case about three perhaps all her

added. and placed in my ward Hospital

The Attorney-General, Sir Donald cross-examining, reter- Yes.

on October 22, 1935, similar Somervell, under my care on June 4 or there- years ago in which the matter was

red to Mr. Bourne's letter in which has been waiting for the pregnancy abouts. Since she has been in she specially brought to your notice?—

case was operated on by me. the "unlawful use of un instrument," hat. Her name and address WC test, which was positive. This morn-

attention to he said, "I shall be delighted to ad- what drew his Asked and to that Mr Bourne pleaded "Not written down on a piece of paper

My

and she said she was 15 years of in induced the abortion. In my guilty."

opinion as an obstetric surgeon, it the question, Mr. Bourne said: "On mit her to St. Mary's and curette Mr. Bourne said although he wrote Sir Donald gull the charge waslage.

was assisting me declined to do so

It was more of a the In a low voice she answered coun- might be dangerous for a girl of her that occasion the house surgeon who her." under Section mode

when he learned the nature of the those words, operation, and that the chlid was 15. formality and he would not have

untii he Offences Against the Person Act of sei's questions and told of the inci-e to bear a full-term child.'

anything

had He walked out of the theatreat donc 1001 and explained that curetting dent on Horse Guards Parade and VISIT "USELESS"

examined the girl. was the equivalent of the use of an of being taken to see Mr. Bourne.

Later I saw Mr. Bourne at Wim-least, I invited him to walk out." Sir Donald then called Dr. Joan pole-street and served on him the Mr. Oliver: That was the case of Mr. Oliver called Dr. John Rawling Instrument.

suld Malleson. She

consulting in summons. He said, 'Iight.""

child of 15, and you had come to

Recs, practising and Graeme

Mr. Roland Oliver asked if that the conclusion that this operation psychological medicine in Wimpole- knew Mr. Bourne and had consulted

street, who said he was sometimes nccpsions several him

was all that was sald, and whether was proper?-Yes.

consulted on the possibility of ter- gynecological questions.

She first heard of this matter unit would be right to say that Chief the most profound sympathy May 21, when the girl was brought Inspector Bridger told Mr. Bourne

minating pregnancy. consulting-room. She lden-he had come to warn him that in no with the girl in the experience which to her

the operation. tified the letter which she wrote to circumstances could he countenance she has gone through."

Mr. Justice Marnaghten inter-Mr. Bourne about the matter.

Chief Inspector Bridger: I said, Mr. Roland Oliver: Would you de- rupted Sir Donald, pointing out that the name of the girl had not been scribe Mr. Bourne as one of the fore-The object of my visit is useless," mentioned in the court below, but most obstetric surgeons in London? after he told me the operation avas that her name and, that of her father had been communicated to the court, In writing, and a request made that Press would not mention her

of GA

"The facts," he said, are short. On April 27 the girt (he mentioned her name) was the victim of a ter- and was roped by a rible assault man who was later convicted of this

case

the

Yea.

on

she

on

Among obstetricians and medical people generaly do you know there very great variation of opinion is as to what is lawful with regard to Sir Donald apologised, and con- procuring an abortion?-Yes.

Some go so far, apparently, as the tinued: "This young woman was up doctor to whom you

spoke at St. to that date a virgin. Her age was

name.

15 on July 10 of this year. On May Thomas's, and say that not at all is

21 she was taken to see a Dr. Mallet yon, a wo

woman doctor.

"Dr. Malleson came to the conclu sion that the girl was pregnant, and she wrote to Mr. Bourne."

The letter was produced by the defence, and Sir Donald said I was dated May 25, and read: LETTER READ

Bourne,-1

am

"Dear Mr. afraid I may be wasting your. time by approaching you in this matter, but will you give your consideration to it, if possible?

"I have been consulted by the organiser of the Schools Care 1

Committer about a girl of 14.

is possible you saw in the papers. a few weeks ago it this y was assaulted in

some soldiers. The actual facts. are that she was with two giri friends who left her. She was held down by five,men und twice assaulted. assaune

"I gather that everybody con- nected with the case, the police surgeon, the doctor at her work, and the school doctor, all frel that curettage should be allowed. I understand that some atrist of good standing would be prepared to sponsor an operation.

"All this, of course, gets us no- where unless someone of your standing in prepared to under- take an operation. Many people hold the view that the best means of correcting the abortion laws is to let the medient fession extend the ground in

Pro-

suitable chaca

until the saw be- comes obsolete as far as practice Koes, I should imagine that public opinion would be immen- sely in favour of the ter

termination of pregnancy

in casca

sort,

of this

"11 you feel prepared to con- sider this, I should feel it valua- ble if you would see the girl, and I feel It would be better if the operation were conducted In D publile hospital.

#posterip

de

Unfortunately, the matter: in

little more dimetilt by the fact that the girl Was admitted to St. Thomas's

permissible? Yes.

Some go as far as not even to save life, because it might endanger the production of a future Prime Minis- ter7-Quite.

"IT IS BETTER"

Do other take the view that It is lawful in the interest of health of the mother?-Yes.

24

Mr. Justice Macnaghten asked Mr.

lawful.

Mr.

same

Oliver: Do you think Mr." Bourne if the house surgeon ob-

Bourne was putting it too high when jected on the ground that it was not

Mr. Bourne replied that the doc-he said that the facts that this girl 14 and had been raped tor had only recently been qualified, was only and added, "He did it on religious save him a strong bias in the direc

tion of thinking that was a proper case for operation? That would, I said, "I had come to

principles. I think it was that." performed.

from experience, have identically the warn you that we could not consent

effect upon me as it had upon Mr. Bourne, take." to such an aetion as you propose lo Oliver submitted that the Mr. question was this: "Whether, when Mr. Bourne used an instrument on June 14, was he acting in

and ex- honest and reasonable bellef, based

adequate knowledge

that i was in the best perience,

health that of the girl's

should be termin- interests

ated" her pregnancy

on

the

Mr. Justice Macnoghten then gave

was.

Lord Horder "I Would Approve Operation"

I would-seriously

your

#

Mr. Oliver: If you had been con- sulted in this matter what advice would you have given?--I should termination certainly have advised

of the pregnancy, beyond question at all, because I should have been cer- tain that there would be trouble in the future.

"INTOLERABLE”

Mr. Oliver: Have you, since that

Mr. William Gilliott, of Harley- considered the matter more a long address to the jury, out-case,

that refusal of my street, a Fellow of the College of deeply? Yes,

and Gynaecologists, lining the law on the subject.

He said nothing had been said to house surgeon to assist me led me Obstetricians mudify his view as to what the law to think very hard on this, and I de-examiner in Midwifery and Diseases termined that it such doubt could of Women for Cambridge and Lon- Do you share that view?—Yes.

"You will observe that it is not exist in his mind I would at the don Universities, and the holder of Mr. Oliver: That it is better to

pregnancy of giris below the age of prevent a woman being either physi- for the accused to prove that it was next occasion obtain a ruling of the several other posts, sald his view of cally

broken down, mentally broken done in good faith for the purpose court, and that is why we are here.

Do you feel deeply about the mat-16 was that they were more liable to complications, particularly of the down, or nervously broken down by of preserving the life of the mother;

deeply the Crown to prove that ter?-Very

toxaemic variety. It is for particularly con-

I understand you having a child.

Mr. Oliver:

Maternal

showed that mortality it was not done in good faith for celved in such circumstances as this?

terminate pregnancy in that purpose. The burden of proof would

proper case where, in your view, the the mortality among mothers of 15 health would be endan-to 20 was higher than at any other thin ere any who go, so far as to rests upon the Crown

that, upon what might be Addressing the Jury, Mr. Roland

endan-period of life.

Lord Harder said, in reply to Mr. enlled humanitarian grounds alone, Oliver said: "I do not suppose that

I emphasise the word. miscarriage is permissible? think ever before has a man stood in this

In your, view, for the purpose of Oliver, that if he had been consulted there are many doctors who think it duck who has acted from n motive

patient's on the case, so far as he could judge, the pallent, he should be, but I do not think there of the purest charity, and who could saving injury to are many doctors who we that term say that whim he did what he did health, you consider this operation not having seen

loa as Mr. Dourne. actually for procuring abortion. he believed he was carrying out his justifiable and you have acted upon might have come to the same conclu- Would you regard Mr. Oliver: There

who think that duty under the law, which is to look that in your practice? Yes. are many

It is a view which is not shared

Revare

danger of nervous and mental aught 10 be, the law.

after his patient to the best of his Do you know any who think it is ability, to guard her health, and to by all your colleagues?-1 think that breakdown in the circumstances of of my colleagues would, this giri's case to justify termination per cent ard her from mental or nervous the law? No,

kdown].

be agreeable to have an operation Mr. Oliver: 1 am putting it upon

usually supplied to me rather than these

agiri is grounds: Assuming

"Ile is a mau at the head of his performed on such patients on the of pregnancy?--That is the question

have done IL.

the certainty of the woman losing pregnant and the View is formed profession. He is above any sug-ones on whom.

advertise- Mr. Oliver: Did you come to any her life. that, apart from danger to her life, gestion that, he wanted

If your were consulted under these which must always be increased by ment. He has pilloried himself for conclusion about this girl's nervous

circumstances, would you approve of I felt practically certain the operation?Yes, I would. reason of her age-by the fact that that he believes to be right. I du make-up!

Mr. Oliver indicated that this was she is only 14-any dunger would be not suppose there is anyone in court

or anywhere else who would not at from the first time I saw her that she Increased if she was injured in the

was not mentally deficient, because process of the nsgailt, do you agree? least give him praise for courage."

was 1 further legal discussion be- Yen.

Mr. Oliver and that no doubt the that would have prevented me from the case for the defence, and there tween Mr. Oliver and Mr. Justice something about abor- operating upon her.

"Secondly, Assuming that you believe those jury knew

wished to entlaty my Macnaghten, in which the judge re- tion. "There

are now, and so far things, would you consider that a

as one can see," he said, "there al-self that she was not a patient o marked: "Aftor the evidence which

would type. That proper case?--I should, certainly.

prostitute

has been given to-day, it seems The Attorney-General, re-examin-ways will be women who, when they the ing. sald he wanted to make the Have got in the family way, will probably have prevented me opera- quite clear in the case of any girl position clear in view of one or two desire for one reason or another ta ting could not have operated in the under the age of 18 that it would of Mr. Oliver's questions, and asked: be rid of that burden. Motives are "Were you telling Mr. Bourne the very various, and range from the presence of infection, and that I ell-

in which you, as motive of narrow means-motive ofminated, too." circumstances

and the motive of a doctor also interested in social ques-illicit union, tons, think that abortion ought to woman who may be carrying a child NERVOUS INJURY be allowed?"

which is not her husband's child." am hardly presuming to tell Mr.

VARYING VIEWS Bourne, I was saying how I felt and many other people felt," said Dr. Malleson.

"I

a

Mr. Oliver mentioned professional abortionists, and said it was against those people that the section was

directed.

"

upon her.

Mr. Bourne went on: "I asked the alater to watch the girl's demeanour, and she described to me with sur- prise that she appeared to be not worried at all and unusually cheer rul, considering the experience through which she had passed. That made me auspicious at once, range I wished to watch her demean-

UNDER OBSERVATION

Another doctor followed Dr. Mal-The views of the medical profes- leson in the box.. He was Peter slon varied greatly. "They

be in the best interests of her health to procure her abortion."

have

not contended that the mere fact that she is under 10 is eufficient to procure en abortion," said Mr. Oliver.

"It strikes me as revolting and intolerable that in any country in this age a child should be treated in this way and have nothing done for her."

The concluding stages of the trial will appear in Monday's issues of the Telegraph.

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