RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 73, 16 November 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, 14th November, IS6I. (Before K. M'Culloch, Esq., R-.M.) . DIUX>"KE>TTESS. — Edmund King, for this offence, was fined ss. Stealing- a Pixrse. — Helen Wiltshire was charged with stealing a purse containing £8 4s. from the person of a man named James Davies, in Dec-street, on the evening of Saturday last. The prosecutor having given evidence, the case was postponed for a day — the prisoner meanwhile being admitted to bail. Civil Cases, berndt t. clarke. Claim for £23 2s. for medical attendance. Mr. M'Donald appeared for the defence, and Mr. Harvey for the plaintiff. Adolphus K. Berndt deposed — I am doctor of midwifery, medicine, and chirurgy. lam a duly qualified medical practitioner. I have here proofs of my qualification to practise here or anywhere in the world where Her Majesty's posses siona are. Mr. Harvey. — I'll just hand-in this document, being Dr. Berhdt's diploma from the Melbourne University. Examination resumed — I attended from 6th. to 20th September. I visited Mr. Clarke 22 times. I did not charge him for the first visit. There are other visits which are not charged. I was called into his room by Mr. Clarke himself. I have also been sent for by Mr. Clarke's errandboy during his illness. Dr. Young attended likewise. I objected when asked ts> prescribe without Dr. Young being present, as it was contrary to etiquette. My charges vary from nothing at all to £2 2s. a visit — sometimes 10s. 6d. I charged in this case a medium price. I am also a surgeon. Cross-examined. — I attended Mr. Clarke as an M.D. By " consulting physician " in the account, I mean that a medical man had already been in attendance, but I treated Mr. Clarice as a medical man. I attended Mr. Clarke solely as a consulting physician. I consulted with Dr. Young. The first was on the Sth September. I produce my diary, with an entry to that effect. (Eead entry.) The errand boy came for me then. When I was in his shop, on the 6 th, I was invited into the back room hy Mr. Clarke and Mr. Atkinson. Mi-. Clarke told me that l\e waa sorry I had not ca?leci on the sth, as he felt very ill. He had called in Dr. Young in his absence, but he said that he wished me to attend him also. I don't know how many consultations I have had with Dr. Young. I have never asked Mr Clarke for payment of the account. I was told by Mr. Atkinson, on 4th November, that the account would be settled. W. G-. Atkinson deposed. — I was a chemist and druggist on 6th September, in Mr. Clarke's employment. I was present then when Dr. Berndt called into the shop. I sent for him on the 6th. I had Mr. Clarke's authority. Dr. Berndt called, and prescribed. He attended regularly up to the 22nd instant — often twice a day. He sent in a blank account ahortly after the 22nd, wishing Mr. Clarke to fill in the amount as he thought proper. Clarke said to me that Berndt had better send in a proper account, aa Dr. Young had done. Dr. Young charged £5 ss. I sent the errand boy only once. .■ Cross-examined. — I did not agree to settle the account. I said that I would see Mr. Clarke about the account, in the presence of Mr. Martin, J was. not present whpn Dr. Bemdt first, visited Mr. Clarke, I never heard Mi*. Clarke say to Dr, Beyndfcr-V'l^Ulj you had /been hero on the Sth, &c." I nevev' iriTited'Dr. Berndfc into the back room. My. Clarke was in bad upstairs when I went to take charge o£ his business. I v/ftß perjejefiy satisfied- $mt Dh Bowidbi was called in professionally, I saw Young and Bei*udfc only a few times together.. •■ . ■■' = ■-■■■.:• < : Mrs. Sophia Wall deposed.— ln the month of September I attended Mr. Clarke. Dr. Borndfc. wtis there often. He prescribed for him, and the. prescriptions wore carried, out. /Mr. Glarko was very much satisfied with Dr. jßevndt'a treatment. HoirepoTered undev hw treatmont. ;, ■•-•'■ -Cross-examined!-- Mr, Glai'ke said to bio : he was perfecUy r 4atißflQd'.vritb,.hiß.tveatjDaent. .--p ;! Joseph' 'lleaphy. deposed— -I was' 'a message- t>oy of Ifctr. Olsrk^V, in' S'epi<piWr v Mr. Abkinson sent mq for Bh Bernclfr; ■ X wjU told to <c3l hhu to come. pc| Tisiji Mir, . OisvTj»> ■ yf\\<> -yery i%'~liq eiftme. ' ".■,...'-... ' . '"; "'>"', ■"• ;.-•. -y ■

set scales -of charges. I have charged from £2 2s. to 10s. 6d. I consider twenty- two guineas not too much under the circumstances. I charged ■65 55., not in the light of fees, but more that my visits should not go for nothing. When I went to Clarke's, I found Dr. Berndt up-stairs. I met Dr. Berndt eight, or ten, or twelve times, but lam not sure how often. ; Mr. Clarke once 1 tir twice said lie did nob understand why. Dr. berndt was attending him. . „ . ■ ': Mr. Clarke deposed.— l was unwell oh the 6th September. I did not call in Dr. Berndt. I only sent for him once. I know lie. prescribed for me. I expressed; myself generally satisfied -with the medical treatment I was receiving. . -,; Cross-examined.— -If Dr. Berndt had not called, I would not have called him, in. ; Re-examined. — I. have distinct recollection of theftrst visit of Dr. Berndt. 'I did not tell Dr. Berndt tbat he was not wanted. I never saw : the .prescriptions.. .;";'""■;■■ -'. \'. r '■"' ]'['■' ' '•'• Mr. Atkinson, recalled, 'deposed— Mr. Clarke told me Dr. Berndt had. pushed or thurst himself forward, i He did nofc tell me that he wished him to cease his. visits. ' ' ' : ; " . ' ' ."' ' : Mr. Macdoiiald admitted that the plea that Dr; Berndt was not a legally qualified medical practitioner had fallen through. He was now satisfied that he was, and he wished Dr. Berndt to understand this. He did not for a moment mean . to impute anything derogatory to Dr.. Bei-ndt's skill and ability ; he had meant only his- objection as a technical one. He then applied for a nonsuit, on the ground that, as a consulting physician, he could not recover fees in a court of justice (quoting the old English law on the case), and that his office was a purely honorary one. Mr. Harvey now said he was astonished at the cool impudence of any man who could receive the visits of any medical man for weeks, take his prescriptions,. and after all, when cured, that he could come into a court of justice and supjjort his case by asking a non-suit on such a point as the one now quoted from the old English law. He would submit, that although this old law still 6tood in the way, that the Bench would see fit in this case to decide in equity and good conscience ,- and moreover, it was clear that Dr. Berndt had attended Mr. Clarke both as a surgeon and consulting physician. Mr. M'Culloch said he must give judgment on the legal merits of tho case, and non-suited plaintiff, with costs. Judgment for plaiutiff was awarded in the following cases : — Henderson, Bonar aud Co. v. Searle, £12. Ekensteen and Hall v. Searle, £7 Is. Saunders and Co. v. Barron, £31 ss. 6d. Miller and Co. t. Lawson, -£A 16s. Smith v. Price, £2. Town Board r. Simmons, £4, 10s. Taylor v. Rowland, £1 10s- Hamilton r. Searle, £5 15s. The Court then rose. Tuesday, 15th November, 1864. (Before H. M'Culloch, Esq., R.M.) Thei>t. — John Thompson was charged with stealing a pair of boots aud a fork, on or about 20th October, and valued at 18s. The case admitting of some doubt, the accused was discharged with a caution. Laeceny. — Mrs. "Willshire was brought up on remand for stealing a purse containing £S 4s. from the person of a man, in Dee-street, on the evening of Saturday last. There being no additional evidence produced on behalf of the prosecution, the prisoner was discharged with a caution. The Court then adjourned.