CHANGE OF MANSLAUGHTER AGAINST A DOCTOR.

South Canterbury Times, Issue 2427, 28 December 1880, Page 4

CHANGE OF MANSLAUGHTER AGAINST A DOCTOR.

Dr Moffat, of Winton, near Invercargill, was sentenced on Wednesday last to two years’ imprisonment for manslaughter. The “Times” reports the accused to have replied as follows to the usual challenge why sentence should not be passed on him : —lie could not see where there was any evidence to convict him of such a charge ; in the first place, great stress had been laid on the fact that he had not been present when Dr Hanan was with Mrs Cameron, but it bad been proved that be was to be sent for when the doctor from Invercargill arrived, and if those who were interested in the deceased did not call him at that time he surely could not be blamed for that. No felonious or malicious act had been proved against him, and he could not see how he was to be convicted, lie was not an unlicensed practitioner, else there might have been some grounds for the prosecution, but a duly qualified man ; and if doctors were to be bold amenable for every mishap that occurred in their bands there was an end of all security' to their reputations and liberty, lie then spoke of bis treatment by the people of Winton, which be described as persecution. He bad been twenty-two years in practice, and could affirm that in all that time he had only had one ease of death at childbirth, and that was of a most unusual character. No medical man would attend cases of this kind if the principle enunciated by the present verdict was generally adopted. It had been said that be bad behaved in a brutal and unfeeling manner towards the deceased woman, but those who knew his nature knew that he was very sensitive—morbidly so. It was perhaps the impression that he was, or had been previously, under the influence of liquor at the time this case occurred, but had be thought it would be necessary be could have brought proof that he bad not tasted spirits for the six months previous. As a practitioner he bad been most successful, and had he thought that the charge against him would have come to this, he could have procured testimony aa to his ability and standing as a professional man, both in the colony and from the Home Country.

Counsel informed the Court that prisoner was disposed to move for arrest of judgment on the ground that the weight of evidence was against the verdict.

His Honor pointed out that that was not the proper course to take. The verdict having been given, the sentence

would follow, and if counsel conceived that the verdict was against the weight of evidence he could appeal on behalf of the prisoner to the clemency' of the Crown.