Dr. Orpen Acquitted.

Manawatu Herald, 17 September 1898, Page 3

Dr. Orpen Acquitted.

At the Auckland Supreme Court en Thursday Dr Orpen was acquitted oq a charge of the murder of Susan Harriet McCallum.

His Honor, in his charge to th>jury, (mid. They had to consider (I) was an operation performed on the deceased by anyone to procure abortion ; (2) did that operation cau.se, death; (8) was it performed by . the prisoner ? An attempt *n. procure abortion was of itself a very serious thing. Although dteatb ■oiftetimes arose from such an operation, it was rare. Therefore, it appeared to Bis Honor that, assuming death to have been caused by tho accused in the coarse of an operation to procure abortion, this did not come within the meaning of the clause under wbioh the charge was laid. His Honor said it was competent for the jury to return a verdict of man-slaughter whore the

person was killed by an unlawful act. His Honor did not see that th? charge of murder was made out under any circumstances. From the evidence there could be no reasonable doubt that what really caused death was the wound in the interior of the uterus, caused by some sharp instrument introduced by some person to procure abortion. When that was done or by whom i there was no direct evidence. His Honor quoted the passage from the letter wherein prisoner stated that " It was the first accident or mishap I had in over 800 oases." The learned counsel for the prisoner had some difficulty in def ling with that point. Wnat could it mean

but 800 cases of this description—

800 cases of abortion ? No doubt fc they were all well aware nhat this horrible practice was growing. It had been a subject of comment in public documents for years past that the birth rate of this colony was not what it should be, Considering the number of persons of child-bearing .jftge^io the colony there could be question whatever that the praotice of procuring abortion was prevalent ; that it was practised by Rome medical men and also practised by some who were not medical men. His Honor added— •' lt is an awful state of affairs, and a want of morality that is disgraceful in any country." The

jnry retired to consider their verdict at twelve minutes to 3, and at 4 o'clock returned into the Court with a verdict of not guilty. The crowd in the Court applauded, led by the women in tbe gallery, but the police quickly suppressed it.