RESIDENT MAGISTRATE'S COURT FOXTON.

Manawatu Herald, Volume III, Issue 11, 8 October 1880, Page 2

RESIDENT MAGISTRATE'S COURT FOXTON.

***- Wednesday, Oopobbb 6, 1880. (#efor<? R. Ward; E»q^R.M., and* E.B. . Thynhe, Enq , J t'.) BitSACE OF TUB MKDICAT. PttAtI!ITIOKBR3 Act; John - I&ederick Rookatrpyir, of Foxton, wa9 charged a$ follow < :-*'• Ttlat within the spade oFmx months list' past, to wit on ocabout the 20th day of Jiiy, 1381, ut Poxton, in .ho colony aforesaid, ual iwfully. did wilfully and falsely uao the titla of 4 dootor of medicine,' thereby implying that he then was registered under 'The Medical Praomioner£He'"pMffob Act, 1869/ •*'*« Mr Subrlußpector Goodatt prosecuted, on behalf -of ; the/Crown, and Mr Rookstrow cendttoted his own defence. ■ Tnere ma a seoorid information, but by consent this, was withdrawn, upon the understanding that the whole of the evidence was to be taken in support of the first charge. Henry Perkins, being sworn, deposed— l am a painter, residing in Foxton ; I have received a bill or receipt from defendant j I do not produced* my wife wilt Hot produce it ; we have not got it ; I have been subpoenaed to produce it, but had not it in my possession when I got the subpoena. Air Goodall here said as witness had been subpoenaed to produce the document and had not done so, the Police woald have to go on secondary evidence. ■ ' Mr Rockstrow said the document in question was in his possession, he having obtained it before the witness was Bubpoenaed to produce it. He would, however, hund it iv. [Document handed in.] Mr Goodall called attention to the fact that the document in question was admitted by defendant) and by him handed.to witness te be produced. Examination continued— l think this is the document my wife received from defendant, but cannot, swear to it. [The document in. question was then handed to the Court to be read, but there was some difficulty in deciphering it. It appeared to be ■ a receipt for &5 ss. A second document of a similar character was also put in and admitted by defendant.] The money was paid for medical attendance ; defendant attended ray wife, who paid him the money. [Mr Rockstrow here admitted the payments.] I requested him to attend my wife ; I d.d not think much whether he was a professional man or not; he has attended my wife during the last seven years ; I called him iv as a medical man. By defendant — I am sure the first re ceipt, now marknd A, is the one that was in my possession ; I did not pay the fire guineas ; I did not know whether or not you were registered. Mr Rockstrow here said he would ask ihe Sub-Inspector of Police to consent not to call Mr 3 Perkins and othe" ladies who >vere subpoenaed. He felt sure they would strengthen his cisc, but he would admit the payments so as to prevent their.attendance. Mr Goodall said if the Benoh would accept the admission, he was quite satisfied. The Bench said it would not be necessary to call the ladies subpoenaed. John Tiffin Stewart, sworn, deposed — I am District Engineer, and know defendant; he has attended my family for seven years ; he has attended myself as a medical man within six months, as late as July ; he has been paid for attendance at different times, but not for the last attendance ; I think he haa been in my house since July ; I still owe him for that ; the last payment by me to him was made early in this year ; I have understood be was a medical man. Mr Rookstrow said the question at issue was not whether he was a medical man, but' whether he was registered as one. By defendant — It is seven years since you first came to Foxton ; miue was one of the first families with wbioh you became acquainted ; I knew you were not registered when you first came to Foxton ; I was told so by Mr Gower, who introduced you to trie ; Ido not remember you stating in the Foxton Athenaeum, at a public meeting, that you were not registered ; I myself knew you were not registered, but that has not made any difference, as you have successfully attended my family. [:Mr Bockstrow admitted the payments made by Mr Steward John M'Culloch, sworn, deposed — I am Clerk to the Manawatu County Council, and roside at Foxton ; I know defendant ; he has attended ray family as a medical m*in ; I knew he was a medical man by his attending upon other persons; I knew he was not registered Jong before I saw him ; I never heatd defendant say anything as to his capabilities as a medical man; he has been paid for attendance upon my family ; he has presented me with bills, but I do not produce them, not having been ordered by subpoena to do so. By defendant —You attended my family about 7 oc 8 ye us ago, before I came to Foxton ; I had heard previously that you were not registered, but had practised with threat success in the other Idand ; you never jiave me in any way to understand, you were registered ; you still attend my family ; you have done so within the last two days. .Mr Uockstrow also admitted the payments made by this witness John Symons, sworn, deposed— l reside at Foxton, and know deferdnnt; he has attended my family as medical attendant, as recently as August 9 of this year ; I naked him to attend ; ho was introduced to me as an unregistered man when he first came ; I have paid him for his attendance. By defendant — You havo attended my family ever since you oaine here, for seven years ; some have been very critical cases, and you sucoeeded in- one case which a legally-qualified man had given up. The Bunch said it could not understand the object ot this evidence, which appeared to be on the question of ability. Defendant whs charged with a breach of the law in assuming the title of Doc* or of Medicine, he not being registered under the Act. To show that he was a medical man would avail nothing. Whether he was a goad or bad medical man was not for the Court to consider. Mr Rockstrow differed from the Bench. He contended that if he showed to the Court that he was a qualified man, even though not registered, it should have great weight. The Court could not judge from principles in this case, and he (the defendaut) wished to place before it facts. The cross-examination was not proceeded with.

George Warren Russell, sworn, deposed — I am a journalist, and one of the proprietors of the Masawato Herald. On the 3rd of June 8n advertisement was brought to our office for insertion ; defend ant brought it ; I prodace the original, in defendant's handwriting. [The advertisement in question related to the sale of come land, and applicants were referred to "Dr" ttockstrow.] Defendant objected that this evidence had a apeoific date, in June, whereas he was charged with committing a breach of the Act in July. He asked that the evidence be not received. Sub-lnnpector Goodall said it was quite competent for him to produce any evidence not more than six mouths old. _ The Bench refused to uphold the objection, and the evidence was taken.

• Examination <S)ii*inuod — THo ddver tiseiueni was Inserted in the paper for one taonthffojn the 4th of June; the paper handed tome contains the advertisement ; it wiß insertsd on tnafc day (June 25) iv fulfilment tf defendant's order. Defendant objeorod to the production of th« new-^napar, on the ground that it,-w»B\ p .Wished pi'ior to the date of ttie offanca be was charged with. The B noli refusii to uphold the objection. Examination continued— l infer the " Dr " in front ot' " Kojkstrow " means Doctor ; I bsliev.i that the defend-int is not a doctor of magio, nor of divin ity. nor of civil l>iws, and taken in conjunction with the fact that he practices m * medical* man, I bolieve the *&f'<; in this instance is intended to mean Doctor of Medicine j lam aware that defendant owns a quantity of land fronting the Avenue, and. the .^stress . at . .bsok-.oi ifcx I. have seen a board, erected on. the^-; Avenue and placed on defendant's land, upon ■which'" is painted v Dr Kookstiow" ; Ido not knoW ( when I saw It }ast; if;-onesW'a thing; frequently, you do not notice it particularly unless attention is called to it j I have certainly seen it within the last six months ; I should infer from that board that the person whoae name was mentioned was a doctor; I have spoken to -defendant upon this subject of his right to the title of doctor ; it was about two years ago, after an election. The Bench objected to. this evidence, as being beyond' the limit of six months. . By defendant — I swear that the advertisement is in your handwriting ; I have frequently seen you write ; I swear that I did not furnish the police with a list of names of persons to be subpoenaed as witnesses in this case. Defendant-— Well, I have heard a. report, that jou did Witness— l awear I did not. defendant — I believe you. Cross-examination continued — t did not write to Wellington, agitating that a prosecution might be instituted against you. Defendant— l have heard such a report. . His Worship —1 do not see what that has to do with tbid case. Defendant — It would show malice. His Worship— l wish all feeling to be kept as far from this case as possible. Mr Russell is not prosecut ng, and 1 do not see how malice oan be attributed to him. Witness— Your Worship, this is the orstr I have ever heard of such a report, and I am very glad to, hav9 an opportunity of denying most positively upon oath that I am mixed up in any way with this prosecution, or that I have instigated it. Defendant — I will not examine this witness any further. I give him the benefit of the doubt. Witness — I wou'd ask your Worship to take notice of defendant's language. I have just left the box, where I was> sworn to tell the truth, which I bave done, and I protest against any inmutation being thiovra out against me. I claim the protection of the Court His Worship — I did not understand rthe remark in an objectionable sense, but I think your inference is a fair one— — Defendant — I did not wish to impute doubt to Mr Russell. I alwajs believe what a person says on oath. I withdraw the remark. Joseph Jay, sworn, deposed — I am a civil engineer, residing at Foxtcn : I know defendant ; he attended my family yesterday as a medical man ; I employed him because of his reputation as a medical man; I expect to have to pay for his attendance By tho Court — I can't say I have heard him spoken of as "Dr ttockstvow"; I was well aware he was not registered when I asked him to £ttend my family. Samuel Tansley, sworn, deposed— l am bailiff of the Court, and Deputy- Registrar J at Fox .on; I produce tho register. Defendant objeoted to this. The Act said that the Depwy coull act only when the Registrar was absent ; also, no book belonging to the Registrar could be produced without the express sanction of th 9 Regis trar-G-eneral. Sub-Inspector Goodall said if aa objection was tnada to the production of the book, he would have to tako secondary evidence of the contents. Examination continued — While 1 w&s actiug as Deputy- Itegi9trar, on April 19, defendant came to the office to register two deaths ; I took the particulars in the book f I put the usual questions to him —I do not remember how they run in the book ; I asked him the names of the deceased persons, the dates of their death, their ages, where they were buried ; every question was pu' and answered properly. He also gave me the name of the ministers who buried the dead persons. Sub-Inspector Goodall— Did he aay anything about a medical attendant? Defendant — 0 I object to this. You mi<<ht as well give the witness the words he is to answer. His Worship — I have been looking through the regulations issued by the KegistrnrGeueral, and cannot anywhere find. thai the Jiegistriir'jß jbpijks i»ay. cot- 'be^ produced without permission of the Registrar-General. The defendant has raised the objection, and it is for him to quote the law bearing on the Bubject. If he is unable to do so I shall allow the book to be produoed. Defendant — I believe it is iv the Aot of 1875. His Worship — Well, find the clause. Defendant — I will w&ive that objection, and allow the production of the book Witness — From the book before me, I see that defendant -gave the name of the medical attendant in one case as " John Frederick Roekstrow." iiy defendant — You handed me onn piper ; the entries are signed by S. M. B.iker ; lam quite sure you gave me the answer that you were medical attendant in one case; thot answer is in ray writing. Samuel Goodall, sworn, deposed — I am cub inspector of J police ; I produce the register of medical practitioners for the colo.iy of New Zealand, in the G izette of 4th February last ; the last register was made up at thiit date ; defendant's name is hoc there ; uo person of that name is on the list ; I have looked through every G-azet+e einoo that date, and there has been no application for registration as a duly qualified medical practitioner made by defendant. By defendant— l have not communicated with the Registrar-General regarding this prosecution, nor do I now prosecute, under lii's direction; I swear no application by you tn be registered has been gazetted since last February ; I produce the whole of tho Gazettes for the year. This concluded the case for the prosecution. Mr Rockstrow made an able and forcible defence, tie said he would not call evidence, but would ask the Court to dismiss the information, on the ground that the offence he was charged witu had not been proved. Tho police had- failed to prove that in any one case he had used the title of" Doctor of Medicine," which was the offence he was charged with. The medical practitioners in this colony were mostly surgeons, not doctors, an J he (the defendant) had assumed that name when giving evidence in the higher Courts of this colony. As a surgeon, ho considered himself second to no man in New Zealand. The witnesses for the pro secution had said he attended their families as a medical man, but that they fully knew be was not registered. Yet the charge

ag.iiusfc hint was that ho viilfulltt flsaiiHirtl and used a title inlpjyutg^^ftt ,ttf'f*p|ll^*ft?. r ji; gstered. This hc^nie^p^fc «*reM \ had been laid upon'the fa©t-fli»t & ™* '" '■ receipt givgnqio the "Pet kins family., the .' word " Dootoff| was inserted, but be wonld point out thai? that might just as well uidaii?' dobto?* as " doctor.'* The Act san if doctor ormedieine," but ho would defy tlio prosecution to produce an instance in which f& ho had used that. The word " surgeon" wan ~ ± inoluded in the penal clause of the Aot, and • had *h« prosecution proceeded against him for using that tjtle they would have had a much b ;tter chiiuce of success, aa he admitted using that, even in that very Court. He claimed that to establish the charge the police must show he had ° wilfully and falaely^y^en<iqd>4o4iya^kwtoft^«««Wtw' ■■. cine. This they had not done. Still, anything he hadjdpne W the P^FjpJ of the Government of the Colony; wnß Tiao " used his^semceaiiniStSSy. *»£*!.* s^J°~' --.--•. man. He h*d given evidences man in the highest Courts' of the* Country, and though objection had been taken to hu bhiixg an unregistered praptitionettthe objectidn had not been alW*«d'%- affect tho force and value of higjgtfctenger He had held responsible poi&Jp^&tspnieflßf tb^ colonial gaols and^latitttto- odyltnris, and not very long ago: .had 'resigned ; into, the bands of the Rosident Magistrate on 'the Bench his last-held. Government appointment. Some time ago he was asked to ao-' : : • cegt the position of medical referee in this i district for the Government Life Assnranoe ■ Department, the ,1a w relating to which was . most stringent ; and he was then told that his non- registration would be no barrier to his holding the position. For 20 ! years h& : : had acted in all these capacities for the . Government, and now, without rhyme or reason, he was charged with this offence, fee; could not have been.treateid wowe had he-T>een one of the greatest political agica- " tor am the colony. Only the previous <day he had received a communication from fhh - Government, in which they styled him ''Dr. Rookatrow." They had recognised tHali becould not get registered, which was his Uvs, but their gain. He would again' say, nothing had been shown to prove that he had wilfully or falsely pretended to be a re^is- . tered practitioner. Then; as to the advertise*; : went in the newspaper, telling persons who wanted to buy his land to apply to Dr. Rockstrow. This was not assumption of tho title of Doctor of Medicine, but was simply used as a guide, because people throughout the district knew him by that name, and the word ■ *' Dr." ' was intended to guide •: people as to th» person to whom they were : to apply. He had been known by that , . name for 24 years. He would also point out there were different kinds of • " Doctors ia the colony. There were Doctors of Divinity, Doctors of Law, 'and ' for want \ot something better Dr Lemon had been made a Doctor of Telegraphy. Perhaps in the course of a few years _Mr Goodali might be made a Doctor of Police. (Laughter.) The word doctor ia now simply a general term, signifying a skilled and learned man. He would, point out that the Act under which he was charged appeared to anticipate that there would be unregisted practitioners. The interpretation clause by implication did so, and the very fact that it was expressly stated- ihat only registered practitioners could recover their debts in Court, implied that unregistered men would • practice in medicine. Even if the Queen's physician came to New Zealand, be could not practice until he was registered. But he would throw in tha teeth of the Government this Act under which they were now prosecuting him. It was distinctly stated that " JSo person unless registered shall hold any appointment as a physioian, surgeon, or other medical officer in any hospital, infirmary, or dispensary, supported by public funds." Yet, in the face of this Act, the Government had appointed him to | various public positions! and had paid him. As to the publio, it was well known he was not registered. His newspsp9r friends had in leading articles mentioned the fact and he had maJe no secret of it. It could not bo said he was being prosecuted for the protection of the public, and to protect the public from imposition, for beads of families had stated that they would employ him still ; and only the previous day and that very morning he had been doing duty as a medical man. If the prosecution was taken for the protection of the medical profession, he would reply that the Medical Practition- • ers Act was not passed with that idea. H6 considered one of the best things said in the House last session was by Mr Saunders, who abserted it would be a good thing for this country if there were no licensed doctors. A legally qualified doctor was -licensed to . kill, but he ithe defendant) was bound to cure, or he was liable to be tried for manslaughter. He quoted from Taylor's Medical Jurisprudence to show that the Imperial law as to manslaughter applied equally io registered aDd unregistered practitioners in c.isea of malpractice, and said that for a long time back efforts had been made to attack him on the grouud of malpractice, ' but those efforts had noc proved successful. Hq then produend a number of iefitetSirom various Government officials, going as far back as 1868 in New Zealand, and a letter - reoeived from Germany in J 8 64 regarding a' ' case in Saxony whioh occurred before he left the Continent. These letters showed he wits recognised by the Government as a qualified practitioner, and as late as 1874 he was appointed native medical attendant to the natives of the Horowhenua district. One of the most itnpoi taat letters was one in which,relerring to his position as medical referee for the Government Life Assurance Department, it w*s stated thi Commissioner was quite aware of his status as an unregistered practitioner, but no objection would be made on thut account. All these matters were well known to the Government,and it was curious that now the Government should take action against him. In such a cqae as this the proof should be of the clearest character. This he submitted was not the cose, and he would now leave it in the hands of the Court. Upon the conclusion of defendant's addfcsti, an attempt was made at applause, which was promptly suppressed. : ■ ' ' ' . The Bench retired for about ten minutes. Upon returning, The Resident Magistrate said — The present case is both an important and interesting one, and we entered on the hearing with the intention of giving it our fullest attention. We have listemd carefully to the address made by defendant, with the desire to (rive him every justice, and in retiring have looked carefully over the Aot which deals with the registration of medical ,prac- ; t ti turners, and especially over clause" 23, I whioh bears upon this case. ,In our opinion, it is the intention of the law that none but properly qualified medical men should be allowed to praotice. The punishment is a,--- „-- heavy one, and it is for the purpose of prohibiting other than proper practitioners from acting as medical men. Looking at the 23rd clause of the Act, we find it reads> - - thus : — '• Any person who shall wilfully and falsely pretend to be or take or use the name or title of a physician, doctor of medicine, licentiate in medicine and surgery, 7 bachelor of medicine, surgeon, general (trap* titioner or apothecary, or any title", addition, or description implying that bo is registered under this Act, or that he is recognised by law as a physician, or surgeon, or lieeottaw ' £ in medicine, or an apothecary, shall for every such offence pay a sum not exceeding fifty pounds, to be recovered in a summary

way." W«f rS/flftrolironl tbe .wtfras. " name or title" and the expression ''aDroctitioner in niedioioo," in the, above clause. We hold (hat the name of "doctor" used by defeodan^.and rememberiDg his action in practising *3 one, la sufficient to establish the charge.. Now as to the penalty. Taking Into oonaidfratifm the lot>g time defendant has *ft*icM i>t Foxton, we tbink there acejHSQnda for notinflicting the fall penalty HWHwe feel it our duty to inflict sneb a pehalty aa wjU mark the ofFence, a^td the defendant. is therefore "fined £25 and coats In this decision we have set aside all fueling, and it defendant wishes to appeal, we shnll bo glad to assist him in . every , way ia our power. Upon the names of witnesses being called* Mr Perkins applied* £l tot hia expensea, as beinfii imrineas man. His Worship sajd aa witnMßhrf lOafr- only, half a day, he would bfjaUoATfd 10s. Mr M'Culloch ap. pUed forlls experisea.'but tlie apurtref used to grant him anything, on'thei ground that aa a pxiblib aefvan* with a fixed salary he had sustained nolosi. Sir Jay applied for his expenses, and one guinea was awarded him. Mea B ra ; Stewart, and Synone did not apply for thei* exfeiDieß. Mr^ Russell said he would (tire defendaitt" the benefit " of hit guinea, and did not apply for expenses — Mr Bocks trow said he would be glad to pay the^rufnea if the wiiness wished. He would also call the attention of the Court to the fact that Bereral persona who had applied for their expenses were under the impression that the Grown would pay them. —Hia Wowhip said he could not help that. The costs were as follows. Costs of witnesses, £2 la; costs of Court, £1 Us ; nne, £25 ; total, £28 12s. Mr Eookstrottr formally gave notice of appeal against the decision of the Court. CIVIL CASE?. Mr Hawkins applied for a rehearing o the case Brown's Trustee v. F. H. Cook, Oni argued at length in support of his ap-f plication. Mr Hankins opposed the application, which was granted, on condition that the amount be paid into. Court by three o'clock that day; if paid in, rehearing to take place next Court day, Mr Hawkins said his client could not fulfil the condition imposed. Mr Hawkins then applied for one month's time, but the trustee refused to give more than 14 days. It was therefore ordered that execution be stayed for J.^'Brown v. F. Hill —Claim £2 Is Cd. Mr Hawkins consented on behalf of defendant to a judgment, and asked for one month's time, to which plaintiff agreed. The Court then adjourned till 8 o'clock. The Court was occupied all the afternoon hearing the case of M. M'Gauley y. Kiriona Wba'maroro.claini £60, for damages done to plaintiff's hand at the ferry row some time ago. Mr Hankins appeared for plaintiff, and Mi Hawkh*s for defendant. The evidence of plaintiff, Dr Barber, and others was taken on one side, and of Kiriona and Tamibana te Hoea, for the defendant. The only new feature was the assertion by the defendant that after the row plaintiffs took him up to the" ferry -house, and punched him. This, however, was flatly contradicted by M'Ganley, his; mate, and otheis. As' another cose regarding the same affair is pending, His Worship reserved judgment until the, conclusion of the second case, which will be, tried next Court day.