Wairarapa Daily Times. [Established 1874.] FRIDAY, DECEMBER 13, 1895. A RIGHTEOUS VERDICT.

Wairarapa Daily Times, Volume XVI, Issue 5206, 13 December 1895, Page 2

Wairarapa Daily Times. [Established 1874.] FRIDAY, DECEMBER 13, 1895. A RIGHTEOUS VERDICT.

Doctor,s and lawyers are proverbial for their differences of opinion, and it is somowhat significant that in the case" Brooks r. Beard," there was so much unanimity on the part of the medical profession. We aro not going to discuss the legal aspects of the ease, but in common with the public, we find there is a commonsouse view of tho matter, which tallies well with the conclusions , arrived at by Judge and by Jury, from voluminous evidence. Doctors are called upon at any hour of the day or night, to travel long distances, and to undertake hazardous responsibilities, in the interests of suffering humanity. They do not shrink from such calls, and it must often happen that in their light with the grim enemies disease and death, they must, occasionally, by an error in judgment, lose a case. No doctor is always right any more than a lawyer is always right. There must be occasional mistakes. But if the principle he affirmed that for any error in the treatment of a patient, a heavy money penalty must b'e inflicted,, doctors would refuse to visit critical cases. Indeed, we understand that in Canada, where this principle is acted upon, doctors actually refuse to undertake certain cases, The public, wo feel sure, do not wish to make tho conditions of medical service such that they cannot obtain a doctor in a case of "life or death," because a money penalty would follow upon death. The public when they want a doctor, can reasonably be expected to exercise a sound discretion in their choice of a medical man. If they do this they have done all that can bo expected from them for the safety of those )vho ai'je nejir and dear tg thorn. If they do not do this, tjiey pnist blame themselves, should tho result bo unsatisfactory. In all serious cases a man himsolf may mako mis* takes, such as not sending sufficiently soon or often for medical aid, or not carrying out faithfully the medical instruction? when received, and there must in many instppps hp a .divided responsibility, Could any lawyer be found to argue that when a legal practitioner lost n case ho should, instead of pocketing a big foe, bo made to pay a penalty of so many hundred pounds f We do not think so, and yet there is an evident parallel between the loss of a medical case and the loss of a legal case, jpl doctors and all lawyers occasionfljjy give, had advice, but it may be jEjiyly' (isspied tlmfc it trustworthy Jawyer (mil ft triistmrthy'doctor in dink ®ses ou,t of .leti 'gives j»ood advice) aw} f Jjjr Jigs foiison jJlioit noi'vieos avp of yali!.o],s>Jip}f\cli,(ip| and patients. In tho Brooks-Beard case a per. feet avalanche of medical testimony absolutely swept away all allegations of negligees or error ; but wo contend that if thel'M isii been negligence the case ought not, in.tluJ ptib.* lie interests, to have been brought

I into Court. It ia repugnant to tbe better feelings of " poor humanity" to* bring the body 1 of one who is . nearest and dearest" iuto a court of ' law and to claim money damages upon it, The thing may be legally right—wo admit this—- ■ but it is too ghoul-like to com- .• mend itself to public sentiment. ■ Tito unanimous verdict of the jury, 1 endorsed by the Judge and loaded with full costs against the plaintiff, is a fit termination of a case which ' ought never to havo been brought into court. The medical profession 1 throughout the colony will, no doubt, feel indebted to Dr. Beard for the stand lie made and for tho battle ho fought. The public, as well as the Judge, Jury and medical profession, sympathise strongly with Dr. Beard and regrot that he should havo had to answer such a charge. From what we gathor in different quarters of the town, Dr.. Beard is tho most popular man in the community to-day, and (lie prosecution, instead of damaging his professional position, has given it quite a lift. If we refrain from comment on Mr ' Brooks' conduct in this case, it is because the evidence and the verdict sufficiently stigmatise it.

We arc indebted to" Scrutator" who 1 gives us in tho JVwo Zealand Mail the following kindly notice:—"The older established and Conservative organ is the Waibahm'a Duly Times, an excellent journal owned and edited by Mr J. l'ayton, a sound and able writer, staunchly consistent in his Conservatism and a keen, and at times, very caustic critic of the Government and nil its work. The Daily has full cable and telegraphic services, and is printed with a regard for neatness which docs its mechanical staff great credit. It also possesses a Wellington correspondent, trliose "Told on Lambton (Juay," is a well-written and witty imtmol the current gossip of the capital." The Mauriceville Sports programme appears in another column, Acceptances for the Mnsterton-Opaki Jockey Club's Boxing Day llaces, close to-morrow evening. Another vacancy on the Masterton Park and Cometcry Trusts, has been caused by the death of Mr 11. Hare. The annual meeting of members of the Wairarapa Hunt Club, takes place at Carterton, at oue o'clock to-morrow. Mrs Doughty, of Hall-street, notifies that she has vacancies for two or three gentlemen boarders. Messrs Simms and Mowlem add 50 fat owes and 40 fat lambs to their stock sale list for Wednesday 18th inst. The programme of the Masterton Municipal Fire Brigade Sports is published in another column. The Sultan of Turkey has authorised the passage of additional warships through the Dardanelles. Mr Henry Cotter, of Greytown, who met with a serious accident last week, is we are pleased to learn, progressing towards recovery. A recent hailstorm, which visited the Upper Plain, cut the fruit rather badly, the apples in some orchards being much damaged, and pumpkins looked as it shot at with a gun. Mr Henry Vile, youngest son of Mr John Vile senior, of Pahiatua, was married at Wellington yesterday to Miss Agnes Marsden. Miss Bannister has been granted six months' leave of absence from Otaki School, without pay, owing toillhealth. Constable Hutton is still engaged with a search party dragging the Taucru river for (lie body of James Dalgitty. The river is still muddy and swollen In the Brooks v. Beard case the approximate amount of defendant's costs, which will have to be paid by the plaintiff is about £4O. His own costs arc of course in addition to this. Messrs V. Almao and Sons, of 83, Lambton-quay, Wellington, whorecently opened up as hat and cap manufacturers, arc meeting with considerable success, and deservedly so, for there is no doubt that they turn out a first-class article, equal to anything imported. In another column this enterprisiug firm tender some good advice to tlic people ot the Wairarapa. Messrs Lowos and lorns offer at their rooms the rights and privileges in connection with the Mnsterton-Opaki Jockoy Club's Boxing Day Meeting. The piivilegcs of tho Wairarapa Caledonian Society's New Year Gathering, and the privileges of tho Fire Brigade Sports, Boxing Day, after which the firm will soli new and second-hand furniture, produce, farm tools and sundries. An appeal against an order mado by Mr T. Hutchison, S.M., against M, Madden of Wellington, compelling him to support tho illegitimate child of Sarah Thrupp, of Mauricovillo, is occupying the District Court at Masterton to-day. Mr C. P. Skcrrctt is nppcariug for appellant and Mr C. A. Pownall for respondent.

Before commencing the case of Madden y. Thrupp in (lie District Court this morning, Mr District Judj?o Kettle, in addressing liiniself to the public present, said lie had no power to order flio Court to bo cleared, but lie trusted that all those present would leave during the taking of the evidence of Sarnh Thrupp, the respondent. Those present took the hint and immediately left the Court. His Honor afterwards made it known, that he did not include the press rcprc: sentatiyes. The trading transactions of the Wairarapa Farmers' Co-operative Association ii) all kinds of grain, have noif increased to a very large extent. It is notified in another column that they hare for sale 3,000 sacks of prime lield oats, which they aro selling at a very low price. An alteration of the positioq of the witness-box and the reporters' table has been made in the Masterton Court-room, The witness-box is placed along side the clerk's desk, and the reporters' table is moved into the place formerly occupied by the witness-bos. This is a much better arrangement for all concerned, as before it was simply impossible for Judge, jury and pressmen to hear soip witnesses speak. The sale of work held yosterday afternoon and evening in connection with the Masterton Wesleyan Young Womens" Uiblc Class, was a thorough success. The young people, especially at night, wero kept quite busy and at their different stalls took about £ls. As much remains still unsold they will re-open again to-night at 1 o'clock. The same admission fee of sixpence will be charged, bjit allowed off the cost of any purchase? j'pijo to-day. At tip Distfief Coiirt lijsi. night MrC. A. Pownall applied fpr tp' appeal against a decision of the S.M. Cpurt ii! wliich H. Tucker, licensee of the Mar? quis of Normanby, Carterton, was lined £6 for alleged Sunday trading. Mr E, Acheson appoared on behalf of tho police to oppose, Constable Darby representing £lie l)ppar|ment, Mr Pownall stated that the notice of appeal jvas jp order but the fjliqg fpo whj not paid. Jfr Acheson said the Justice should have lodged tho papers with tho Court in which the appeal would he heard. His Honor said he had no power to cause the S.M. to do anything which lie had not done. It appeared a technicality of the Act had not been complied with as no feo had been paid, lie said that instructions should be obtained from the Justice Department to waivo the technicalities of this case. The case would therefore stand over till next sitting of District Court*' ■' ' young New 'Zonlandors rcquiro healthy (!jn^iiutj9hs''to / |it thenl lor tho e'truggW'for eiistoii.og. (Jjyo fjipni 'pjt Kirk's MnScooua Food in tliejj: ed by the faculty, 11 Herrio England " deals with the problem , of how to raiso the masses; but to raise your, bread, cakes, and scones there is nothing to equal Anderson's Jumbo Brand | BakinffPowder. Sold bjr all storekeepers, j