DOCTOR CHARGED

Hokitika Guardian, 17 September 1926, Page 2

DOCTOR CHARGED

-MAGISTRATE DISMISSES CAST

lif TELEGRAPH PRESS SW3SN., COPi RIGHT.

WELLINGTON. Sept. 16

“I am of opinion that this ease must, bo dismissed,” said Mr E. Page. S.M., in the Magistrate’s Court this morning when lie gave his reserved judgment in the‘case in which Doctor Oscar Jacobsen, aged 00 a well-known Wellington medical practitioner, was charged with inciting a young woman to permit to be used upon her an instrument, or other means, for the purpose of procuring a miscarriage.

Mr 11. H. Cornish and Mr C. A. L. Treadwell appeared for Dr Jacobsen

In continuing, Mr Page said that tho evidence showed that the accused hid several times been visited by a male friend of the young woman, who asked him if ho could do anything for her. On the second occasion the Doctor gave him some medicine, which was apparently innocuous. As this did no good, the young man called again, and the doctor told him that the best, thing he (Jl.icohsen) could do was to examine the girl. He did so, but he told her that her condition was such that he could do nothing for her. Tho young woman then asked the doctor if he knew of anybody who might help her, and the accused told her to go to a certain woman, whom he knew to bo a reputed abortionist. It was on these facts that the accused was charged. Notice had to ho taken of the fact that the crime alleged to have been incited had not been committed. The Magistrate then quoted authorities to show that an accused could not he convicted of such an offqnco unless the crime which lie had incited to he cinnmittcd had actually taken place. There was no doubt that the conduct of the accused in giving an address had resulted in the girl going to tho woman, but he could not be charged with aiding or 'abetting. “I find,” concluded the Magistrate “that there is no evidence of jiersuasion or disuasion. The accused gave the girl the address she was seeking, and he left the matter there. There is no evidence to go to a jury on a charge of inciting and this case must therefore be dismissed.”