MANSLAUGHTER CASE.

Gisborne Times, Volume VI, Issue 198, 28 August 1901, Page 3

MANSLAUGHTER CASE.

Du. WILKINS TO BE TRIED A THIRD TIME.

[By Telegraph Press Association.] Auckland, last night

Tho case against Dr. Wilkins, charged with manslaughter by killing Mary O’Dowd, was re-tried to-day. The jury again failed to agree, and were discharged. A third trial will take place in November. (Special to Timks.) Ln the first ease, Ilia Honor, in summing up, said there could be no doubt that these illegal operations were being performed every day—not necessarily by members of the medical profession and yet tho offenders were hardly ever detected, because if the woman operated on recovered, ns in niiictvnine cases out of a hundred sho did, she kept it to herself, and if sho died, dead women told no tales. The eivdenco of some operation having been performed in this ease was almost conclusive, or as conclusive as it could have been without there having been a witness present. His Honor referred to the fact of the X2O given to the deceased by her husband having gone in some mysterious way ; and it was not an unfair inference that that money, or the greater part of it, was paid to someone for something done to her. There was a very great deal of information pointing to the fact that an illegal operation had been performed, and the evidence in support of the theory that the prisoner did it was the dying statement of tiie woman. There was overwhelming evidence of the fact that the woman believed herself to be dying at the time Dr. Lowe saw her. There was no doubt as to the admissibility of the statement, for tho woman was dying, and she knew it. They would have to take into consideration tho dying statement of the women, just as much as if she had sworn it in the wit-ness-box in the Court. With regard to the statements of tho prisoner in connection witli tho first visits to him of the deceased, ho had placed himself in a somewhat unfortunate positiou by going into the witness-box and giving tho evidence he did. It was very strong evidence against himself. He had deposed that the deceased came to him for medicine for an irregularity, which he gave her, telling her that it would be no use in ease of pregnancy; she paid two visits to him. and what would be more natural than that site should go to him on tho third occasion, when she found that medicine was of no avail, to have an opavation performed After reviewing the rest of the evidence, His Honor impressed on the jury the great importance of the case, and said 'if they had any reasonable doubt they should give the prisoner the benefit of it.