SERIOUS CHARGE AGAINST A DOCTOR.

Manawatu Herald, Volume XXIX, Issue 3769, 15 August 1907, Page 3

SERIOUS CHARGE AGAINST A DOCTOR.

Auckeand, August 13

At the Supreme Court to-day, before Mr Justice Denniston, James Dalziell, medical practitioner, residing at Pukekohe, was charged with performing an illegal operation upon a young woman in Auckland.

The young woman concerned said she was twenty-three years of age. She came to Auckland from Pakakura in October last. On June nth she went to a room in the Waverley Hotel, on the top floor. She had a conversation with a William H. Martin, and told him the number of her room. After which she returned to the hotel and had dinner, afterwards going to her room. She knew that a doctor was to come to the room, and waited for him. Martin told her to expect a doctor. Subsequently the prisoner came into the room, and did something which caused her some pain. Witness got her luggage, and went into the street, where she met Martin. They got a cab and went to Nurse Kemp’s house at Mount Roskill, where she stayed the night. The following day Dr Bull was called in, and ordered her removal to the hospital. William H. Martin, junr., said he was a farmer residing at Warkworth. He met the last witness at Papakura, and subsequently at the Albert Hotel. On July nth he met, a man named Finch, and gave him £ 5, with which to pay the doctor. He understood from Finch that it would be the prisoner. The case was adjourned till tomorrow. Later Particulars. Sentenced to Four Years. Auckland, Atfgust 14. The trial of Dr James Dalziel, practising at Pukekohe, on a charge of performing an illegal operation at Auckland, was concluded at the Supreme Court before Mr Justice Denniston. The jury returned a verdict of guilty. The foreman stated that the jury unanimously wished to recommend the prisoner to mercy, on account ot his age (sixty).

His Honour asked what was known of the prisoner. The Hon. J. A. Tole, K.C., stated that the prisoner had been suspected of carrying on this class of practice. The only other thing against him was that he had been

convicted of such minor matters as assaults, etc. His Honor said although he could not put to the jury letters which were found on the prisoner when arrested, he was entitled to take them into consideration when sentencing the prisoner. It was well known that medical men were frequently asked to perform operations, and were written to, but when it was found that a medical man, and a country practitioner more particularly, had on him when arrested several letters of this nature from people residing in different parts ot the country, and that the writers assumed that he would comply with their request, one could not help realising that Dalziel had a reputation for this kind of thing.

The prisoner said that inquiries made by the police showed that these letters had not been replied to. His Honor said he entirely agreed with the jury's verdict. Though it gave him great pain, he had to perform a duty to the country. He could not see his way to sentence prisoner to less than four years. This was a much shorter sentence than was usually given in these cases.