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DOCTORINTHE DOCK]

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DOCTORINTHE DOCK] FOR WOMAN'S DEATH Illegal Operation Alleged THE LAW AS TO DYING I DECLARATIONS. I Dr. Artihur E.aynor, aged 57, of Palmeirstoib- roe.d, Kilburn, again appeared at Maryle- bon-e Police-court to-day to answer the capital charge in connection with, the d-eath of Anne Lillian Martin, the wife of a house painter lately living at MaWon-road, Kentish Town, who died on the 28th of October, after an alleged illegal operation. Shortly before her death Mrs. Martin made a. declaration, but Mr. Muir, tihe Treasury counsel, refused to use this as evidence against tihe accused. Counsel for the Treasury said he should refuse to use either the statement of the deceased shortly before she expired, er that of Dr. Raynor made in reply to it as evi- dence against the accused, because the latter was procured by reading to ihim the former, which ought never to have been done. A doctor who operated on the deceased denied that the instruments he used caused injuries ■which were said to have resulted in blood poisoning. The law on tire subject, the said, was in a most unfortunate state. Unless ta, person believed by a elill.e,d medical man to be about to die wats himself certain of the fact, no ebate- menit that he might make would be admis- sible in evidence as a dying declaration, and it could not be brought within the Russell- Gurney Act, unless some person was charged yv implicated who could be brought there to hear the statement made. Medical men, he said, would never run the risk of telling their patients that they were about to die. Duty prohibited them. The result was that in no case was A Dying Declaration I ever admissible. It was a matter for con- sideration, added counsel, whether the law on the subject ought not to be amended ifl .J'der to make such statements evidence. Mr. Muir then referred to the statement made by the prisoner after he had been arrested which had been given an evidence by the police. Police and Accused I He held a very strong opinion, he said, on the question of police offioers reading in J.etail to an accused person. The statements were made against him by others in his absence, and thereby endeavourinig to make those statements and the replies made W itfhem evide-ice against, the prisoner. Such statements tended to prejudice the prisoner on his trial. He, therefore, took the respon- sibility of refusing to use either the state- ment of the deceased, or that of the prisoner made in reply to it, as evidence against Dr, Bayncr, because the latter was procured by -eading to him the former, which ought never to have been done. Evidence was given by Dr. Rees and Dr. Goodchild that when called in to the deoeased on the 27th of October they found her in a semi-conscious and ALMOST DYING CONDITION, I suffering from acute blood-poisoning and peritonitis. I)r. Rc-Ps &a.id he opera;,ed upon her the same night, but he denied Hllat tlhe instru- ments he used caused the injuries which were said to have resulted in blood-poisoning.

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