ABORTION LAW

Wairarapa Times-Age, 19 July 1938, Page 5

ABORTION LAW

CHARGE AGAINST BRITISH SURGEON JUSTIFICATION CLAIMED. IMPORTANT LEGAL ISSUES AT STAKE. By Telegraph—Press Association. Copyright. (Recd This Day, 10.45 a.m.) LONDON, July 18. The Old Bailey was crowded with doctors, medical students and members of society at the opening of a trial which is regarded as of great importance by the medical profession, arising out of a criminal assault on a fifteen-year-old girl in the Whitehall Barracks, for which three Horse Guardsmen were sentenced. Mr Aleck William Bourne, Consulting Obstetrical Surgeon, Queen Charlotte’s Hospital, was charged with having illegally used an instrument on the girl. The Attorney-General’s speech for the prosecution consisted chiefly of the reading of letters exchanged between Mr Bourne and Dr Joan Malleson, who brought the girl’s condition to Mr Bourne’s notice, Dr Malleson pointing out that police and other doctors connected with the case felt that an operation should be performed and adding: “Many people believe that the best means of correcting the abortion law is to let the medical profession extend the grounds in suitable cases until the law is obsolete in practice. I imagine public opinion is immensely in favour of the termination of pregnancy in these cases.” Chief Inspector Bridger, in evidence, said that when he saw Mr Bourne at St Mary’s Hospital, he admitted the operation, adding: “In my view it may be dangerous for a 1 girl of her age to bear a full-term child.” Mr Roland Oliver, before opening the defence, pointed out the case was not covered by any authority and that it depended on the Judge’s decision regarding the meaning of unlawful. Mr Oliver, addressing the jury, contended that Mr Bourne had acted from motives of the purest charity. Mr Bourne, giving evidence, said: “I think ninety-nine per cent of the profession agree that the operation should have been performed.” Mr John, Rawlings Rees and Lord Holder stated in evidence that they would, in the circumstances, have advised the operation. The Judge, Sir Malcolm MacNaghten explaining the law, said: “If the Crown does not satisfy the jury that the operation was not done in good faith and for the purpose of saving the mother’s life, I direct you to find a verdict of not guilty.” The case was adjourned.