THE CHRISTCHURCH MALPRACTICE CASES.

Waikato Times, Volume XXVIII, Issue 2304, 16 April 1887, Page 2

THE CHRISTCHURCH MALPRACTICE CASES.

|by telegraph—press association.] Christchurch, Thursday. In summing up to-day Mr Justice. Johnston advised the jury that there was hardly sufficient evidence to convict IsaI belia Wilson. The jury after twenty minutes' retirement found Mrs Bowern guilty, and Isabella Wilson not guilty. Mr Martin did not offer evidence in the case, against Dr. Russell of procuration of Kate Fisher. In reply to Mr Justice Johnston, Inspector Pender said Dr. Russell had never been convicted before, but he was bound to say that there was talk that he had to do with other cases of a similar kind. Nothing was known against Bowern, whose family were respectable. In reply to the usual questions, Dr. Russell said that 50 years ago it was the custom ot' the medical pofession to allow a woman to come near death's door before taking action. Isow, however, eminent writers laid it down that action should be taken earlier. This was all he had done in the present case. He had acted for the benefit of others and not for himself. He would be thankful to His Honor to consider his case as mercifully as possible. He had suffered beyond the power of language to describe since his arrest. He had lived six years in Christchurch, had worked hard, ami had now lost everything, his diplomas included. He was 56 years of age. His wife and family were left destitute, and he could not see what they were to do as long as he remained in confinemet. Mrs Bowern had nothing to say. Mr Justice Johnston said that he could not accept Dr. Russell's statement that he acted merely according to the dictates of modern science to save life. There was no doubt that he had made a practice of performing such operations and thus placing before young people nreat inducement to sexual immorality. Russell had rendered himself liable to penal servitude for life, and though he would not sentence him to that extreme penalty he must pass a sentence that| would be a warning to members of his profession and the rest of the community. The sentence would be penal servitude for seven years on each chrrge, the sentences to run concurrently. Mrs Bowern's case was different. She had been tempted by fear of Shaw, and not by the desire of gain, such as was the case with Russell. Still, here, the case could not be treated as he might have done had she been a young girl who had yielded to temptation once. For the sake of deterring others who might be tempted to commit a similar crime, as much as for the sake of punishing her, he must inflict a subtantial sentence. She would be imprisoned and kept to hard labour for 12 months.