1938-08-22 — Page 19

THE HONGKONG TELEGRAPH,

MONDAY, AUGUST

Dr. Bourne Is Cheered By His Colleagues SURGEON VINDICATED IN DRAMATIC

OPERATION

CASE

They Survived 'Olympian' 'Disaster

As

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 socrotary, Dr. C.-G. Anderson, announced: "I have just been told that Mr. Atock Bourne has been found Not Guilty."

By 1 L. MCNALLY

MEDICAL 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 sat impassively in the dock listoning to the final specches of Mr. Roland Oliver, KC., on his behalf, and of Sir Donald Somervell, K.C., the Attorney-General.

He heard the judge, Mr. or suffering from a disease which Justice Muenighten, say in his made an operation inadvisable. summing-up that he could not

Mr. Bourne found the girl a sensi-

People in the Case

Mr. Aleck William Bourne, nged 52, is obstetrical surgeon to Queen Charlotte's Hospital and St. Mary's Hospital, Lon- tlun.

He is the author of several publications ou obstetrics and ynecology; is married and has three daughters, and spends much of his leisure cruising in amal yachts.

the Crown Prosecuting for was Sir Donald Somervell, K.C.. 19-years-old Attorney-General accompanied by Mr. Byrne and Mr. Henry Elam.

Mr. Roland Oliver, K.C.. 54 years of age, Recorder of Folke- stone, and Mr. Gerald Thesiger delcoded Mr. Bourne.

Many of the passengers on the "Olympian were not as fortunate Spared the death by drowning that claimed more as these men. than two score of their fellow travelers, they are pictured as they crawled from a window of their demolished coach after a fruitless search for their baggage. The crack Milwaukee train had plunged nio Custer Creek in eastern Montana after a "dash flood" weak- ened a bridge.

agree with the Attorney-Gen-tive, intelligent child, trying to hide whether it was legal or illegal you eral that there is a clear line of her feelings behind a mask of cour~) will have to determine: but the per- | distinction between preserva- tion of life and of health. "Lift Mouse circumstances" aded formance of the operation was an It Takes 68

depends on health" he said.

these

Sec. To Make the alleviation of human suffering." Red-Heads

have to say whether he committed questionably Mr. Bourne believed he did nut. was doing the right thing in the per- a felony or whether he

formance of his duty as a medical Whether he committed a crime o whether he did what he believed to man, one of n profession devoted 10

included two The jury, which women, took only 40 minutes to

verdict of Not be his duty." reach a unanimous

Sir Donald Somervell, the At- It had rightly been said that this Guilty, and when he heard 11. Mr.

Mr.torney-General, said that procuring case is one of great importance to Justice Macnaghten bowed to

miscarriage by any means, the public, and more especially to Bourne and smiled at him.

whether by drug or Instrument, had the medical pefoession, but it had GIRL'S THANKS

been, as Mr. Justice Macnaghten said on Monday, a grave offence under nothing to do with the ordinary cases

he had referred. te laws for many, many years, irs of the procuring of abortion to which

His wife and two daughters were the first to grip his hands, and the girl in the case ran forward to alfer her thanks. Her father, too, con- gratulated Mr. Bourne,

Ushers immediately suppressed an attempt at applause, but Mr. Bourne, when he left the dock, was inune-not, indeed, for always.

"Just as our law, is based on the "You have heard a great deal of diately surrounded by friends eager

life, and the discussion of the difference between sacredness of human to congratulate him.

life is the most danger to life and danger to health," taking of human

offence In the criminal Mr. Justice Macnaghten went on. serious

when onc is dealing: You may be more fortunate than I calendar, with an unborn child, although that am, but I confess I have had great unborn child is not a human life, its difficulty in understanding what thei destruction is, the destruction of a discussion really meant. Life de-

he said.

pends on health and it may be that potential life,

I have indicated, I am not it health is gravely Impaired, death) submitting to you that an operation results."

words of this coming within the

an unlawful net if it It pregnancy was likely to make! section was

they were quite entitied to take the were done to preserve the life of the a woman a physical or mental wreck, mother.

to

"I can say nothing," Mr. Bourne told me,

"because this matter will

before another? have

time tribunal." He was referring to the General Medical Council.

But Miss Jean Bourne, his blue- eyed, blonde daughter, said: "This is wonderful. am so happy father has been found Not Guilty. 1 was sure he would be all right after I had heard the whole of the case."

The

"In considering this question you view that a doctor, who in these will, I suggest, proceed on the basis circumstances and led by his belie! that there is a fundamental difference operated, was operating for the pur- girl on whom Mr. Bourne between preserving life and preserv-pose of preserving the life of the

health. operated said: "I shall never forget ing

-Mr. Bourne's

woman,

You may get border-line cases, kindness. I am so ind

Unconscious

E RADIO BROADCAST

Fifth Cricket Test Match From the Oval- EMPIRE EXCHANGE

DR. C. J. M. DAWKINS,

B.M.A. said that experi- Radio Programme Broadcast by

patients zuv on

on

dental

un-

a Frequency of 845 k.c.' ments

m.c.'s per had shown that fair-haired and on Short Wuve from 1-2.15 p.m.

and 6-11 p.m. on 9.52 people could be made

6,00 For the Children. conscious in 52sec. (average), second.

Nursery Rhymes... Unele George dark-haired people in 62sec.,

Singing Games-Jolly . Chalmers and red-haired people in 68sec. and Hils Party.

Miller; Lubin Luo. "On seeing a patient with Wood's Orchestra. From the Studio red hair come into the gas--Serial Story--"Seeing the Empire". one instinctively pre-Songs-At Mothers Knee: (a) Hush- a-bye Baby; (b) Lullaby (Mozart); pares for difficulties," Dr. (c) Sweet and Low... Essie Ack- Dawkins added.

room,

Life Cycle in Sevens

as many

Land.

זי

6.30 Stravinsky-apollo Musagetes, Played by the Boyd Neel String Orchestra conducted by Boyd Neel. 7.00 Lina Pagliughl (Soprano). Vergin Vezzosa" from "Son Purilani' (Bellini); "Qul la Voce tun San Jose, Cal,

Soave trum 1 Puritani (Bellini).

Violin and Viola Solos. Edward Russell, electrical contrac

Violin Tambourin Chinels (Krel- (Kurt Joseph Sziget! The question the jury had to con- tor, thinks he has about

were "sevens" in his life as anyone else. sler).. did the He was born on the seventh day Rahrseltz at the Plano). Viola da Prelude (d'llervelols); he got off." Her father said "The but it is important, und perhaps a verdict is what we hoped for and vital issue in this case, to realise sider was not whether they

operation in good faith for the pur-of the seventh month of the gar Gomba

Sylviu the life of the is the seventh son, and was named Menuett (d'Hervelois); La Neapo

(d'Herveloia)

From what I think may reasonable man that there is a disunction in kind sulisfied that Mr. Bourne

Grummer. Violin-Prelude but whether the, Crown had after the King Edward VII of Enginine would have decided. We are very between those words."

Sir Donald said the judge had told pose of preserving

land. happy about it."

Mr. Bourne's action had been ap- the jury that the prosecution had to girl, proved in the witness-box by Lord antisfy them that the operation was proved the negative of that. Horder, the King's Physician, Mr. not done for the purpose only of W. Gilliat, the obstetric surgeon, and preserving life. He would submit on the evidence that Urat burden had Dr. R. J. Rees, the psychologist.

Mr. Bourne was cheered by a large been satisfied, and that the opera- crowd when he left the Old Balley tion was not done for the purpose"

only of preserving life. to drive to Wimpole-street.

!

The Crown ease was that the law

did not go beyond saying it was not in which Mr. Bourne said, "I have

unlawful if such an operation was performed to save a mother's life.

Mr. Bourne's defence was that he

the girl's health if the

TO END CONTROVERSY

Sir Donald, after quoting the letter and have not the done this before, slightest hesitation in doing it agalu," "I om suggesting that the continued,

វា

Distinguished Group Hears A.R.P. Lecture

There Is No Need

To Fear Gas

Pre-

did it because there was danger to letter shows that Mr. Bourne takes child had wide view of the case in which, been born. He would not draw a this is proper.

"It is right to remember that we line, he said, between danger to life

are here dealing with a matter

Lady Northcote was present at the and danger to health,

which is, in many circumstances and on many occasions, an ordeal to the opening lecture on Air Raid

kind per- who Club this morning, by health, and, in many cases, to the cautions which was held at the Peak nervous system of a

and although no one mission of the Chairman and Com-

of the Club.

A. H. S. Steele- that may be taken to saying: "All countries have openly

Mr. Roland Oliver, K.C., for Mr. Bourne, began his address to the jury by saying that many people, he hears Imagined, thought the case

Wou

woman

might would seek in any way to minimise

usmenced his lecture by

Involve some effort on the part of the horror of the experience through Mr. Bourne to get the law altered, which this, child went or sympathise

or extend it, or to get a jury to with

elde.

steps

comes

exists a great realisation that no

vital this

until

be

21 Dead In Rail Crash

Trichinopoly, Mudras, Aug. 21. It is officially announced that 21 were killed and 117 injured in the caused by train smash near here, heavy rains wash away the lines. Nearly of the thirty members of a wedding party, as well as a few Rangoon riot refugees, are among the missing-Reuter.

BEGGARS GIVEN CAUTION

Sonata No. 1 in G Minor (Bach); Two Minucts From Sonata No. 8 is Major (Bach)... Henry Merkei (Unaccompanied).

7.28 Closing Local Stock Quotations. Fifth 7.30 London Relay The

Match England Cricket Test

Australia.

Y.

by

A Commentary during play Howard Marshall from Kennington Oval, London.

7.46 Dance Mnale. Comedy Fox-Trot-Algernon, Wi- Night in it's Thursday Desnoop, John Comedy Fox Trot

and Flic Roy .Harry

of the Egypt. Walz-Secrets Orchestra. Adige; Bavarian Waltz Medley

Mascotte. Fox-Trot Orchestra

Swing; Basin Street Broilers,

Willie Lewis & His Orch. 8.00 Local Time, Signal, Weather Report and Announcements.

8.03 Variety.

Swing,

Blues

Vocal-Walter, Walter; Vocal-The Gracle Fields; ncc.

Gathering at the entrance to the Trek Song.

by

by Fred Hartley & His Orchestra.

Humor enth Her Hend Tucked

a considerable disturbance.ted the Cricket Teat Blatch,

Gov-

acquit him on sympathetic grounds, lessen the trouble in lite ufter, that declare studies, and therefore there Sikh Temple, Gap Road; on Saturday, Love and Illsses-Film Selection.

Her Arm... Stanley and not because they thought he is not the question you have to de- defence studies, when they Icarned that free food in

being distributed hind not committed an offence,

in riska

matter. Con- wore Oliver, "is

Care officials of the Temple, 21 Beggars Holloway (Wolseley Charles at the Mr. Justice Machaghten, in his country can afford to run altruistic the form of chapatties (Indian cakes) Carroll Gibbons and His Boy Friends. Manhattan Music Box-Film Onver "His attitude," said Mr.

sequently

armaments

Piano),

Carroll Gibbons and nothing of the kind. His attitude is summing up, said the charge against

very grave, and sequshed, ond mus in particular, air apparently disturbed the peace of a Ho

resident in the area, who telephoned Selection

Fifth what I have done is lawful, is Mr. Bourne was

raid precuations against aerlat attack to the police that they were creating its Boy Friends.

Relay The degree of

8.20 London right, is honest, and I have not punishment for such a crime might abolis

Closing the од committed any offence at all. What be penal servitude for. life.

The police, on arrival, "Judged by the cases that come should be brought to a

A Commentary have done is to get the law de-

by Howard clared ab that there should no longer before the court, it is a crime by no readiness and fixity in peace time.

given, wouldfore Mr. H. Rt. Butters at the Central Overs before Lunch and a Summary

this morning. After of the Morning's play

Oval, Kennington warning might

Iroin be this controversy among the public means uncommon," he said. "This Reliance on eleventh hour improvisa-

delusion Magistracy

Marshall and medical professions as to what is the second case at this July ses- tions, or the assumption that adequate beggars, and they all appeared be- most disastrous con- Inspector A. V. Baker had explained a doctor was allowed to do, and slons of this court where a charge war

the facts to his Worship, the beggars London. has been preferred under this Sec-almost certainly prove

6.35 Excerpts from "The Mikado”.— what he was not allowed to do.

only mention that to and entail Upp, and

Gilbert and Bullivan.

The Light Opera There is nothing to fear about gus, were discharged with cautions,

The Overture.. "His view, shared by the most dis-

the usual type tinguished of his colleagues, is that show how different is the case now sequences."

you from

before the criminni so long ns one knows all about it. The lectures on air raid precautions where in the true interests of the before

Sheffield, Darek Oldham, George Leo patient's health which involves with which

taught people to respect gas, but not warned those present against pur- Orchestra. Young Man, Despair... it the true Interests of the patient's courts.

"In that case, a woman without to fear it, because once they realised chasing respirators without a

Charts showing the blisters pro- Derek Oldham, Leo Shefeld. 'Sce Darell Fancourt, life, and it is in his view necessary to operate, he will operate unless in any medical skill or any medical just what Rus could do to the human ernment guarantee of their efficiency, Baker; And have I journey'd'

what is

alleged body, they could take steps to guardduced by mustard gas and lewisite, how the Fates this court it is laid down by my lord qualification did

... Derek Wing-Commander Steele - Perkins and the area infected after the ex-Bertha Lewis, Alleen Davies, lienry £2 5s. was her fee,

Bloom in the Spring and your verdict, that it is not to be against Mr. Bourne here. She did themselves against it.

it for money,

bidhum, Henry Lytton: The Criminal Alleen Davies, Henry After the lecture Wing-Commander 21 was of gas: solid, liquid and vapour-their and discussed.

a number Cried "There are obviously other views and she came from a distance to a went on to describe the three types plosion of a gas bomb were exhibited Lytton. Leo Shemeld. The Flowers

place in London to do it.

where the Steele-Perkins answered

Berthn Lewis, you may take.

Can that be the law? I say it is paid to make the appointment. She characteristics, and treatment.

used her instrument, and then, in coloured chart showing

nol gases attack the human body was of questions. Lady Northcote asked Lytton, Leo Sheffield and Chorus.

how long one would have to remain There is Beauty..

Alleen Davies, rather an extravagant proposition.

"If a doctor is faced with the prac-an interval of time "measured teal certainty that a girl will have by minutes but by seconds, the vic exhibited.

Respirators (gas-masks) give com- in a gas-proof room after a gas-bomb Henry Lytton; For He's Gone and was dend

Elburn, Leo Sheffield, complete mental and nervous break-um of her malpractice

pre, or fireonical smokes, and against Uttle material damage, and the length Henry Lytton, Derek Oldham, Elsie chlorine, of time would depend upon how soon Grifin, down, he must not operate, I sub- upon the floor. She was paid the plete protection against the solid had burst. The gas-bomb does very Married Yum-Yum

vapour type, such

9.00 London Relay "Empire Ex- mit that proposition cannot be right rest of her fee and she went away.

but only partial protection against the the de-contaminating sqund could George Baker. It revolts one's sense of justice, and

"ACT OF CHARITY"

Points of View by Travellers from every other sense."

That is more the class of cose liquid, or listening type. The re-arrive on the spot. Ordinarily, one

thespirator protects the eyes, respiratory would not have to remain in the change"".

the Dominions and Colonies. comes before

us-hours.

Relay The Fifth which usually

8.15 London Precaution the skin unprotected. Prompt

Another Air Rald. tecture will be held at the Peak Club Cricket Test Match. Mr. Bourne, had a duty, to his court.. The case here is very dif- organs, stomach, and so on, but leaves room for more than two or three pallent, and wald that he decided to ferent Hero a man of the highest sistance must be sought at a First-

on Monday at 10 am. operate on her unless she had been skill, openly, at one of our great Aid Post if one is burned,

Wing Commander Bleelo-Ferkins some montal defective, a prostitute, hospitale, performs an operation.

done again.

THE UNBORN CHILD

the

03

A

. (Continued on Page 6.)

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