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DOCTOR IN THE DOCK .———.

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DOCTOR IN THE DOCK .———. FOR WOMAN'S DEATH Illegal Operation Alleged I THE LAW AS TO DYINGI DECLARATIONS. Dr. Art/bur Haynor, aged 57, of Balmerato'tt- road, Kilburn, again appeared at Maryle- bone Polioe-oourt to-day to answer the capital charge in connection with the death of Anne Lillian Martin, the wife of a house painter Lately living at Maldon-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, the Treasury counsel, refused to use tihin as evidence against the aroused. Counsel for the Treasury said he should refuse to use either the statement of the deceased shortly before she expired, or that of Dr. Raynor made in reply to it as evi- dence against the accused, because thelatter was procured by Telading to !him the former, which ought never to have been done. A doctor who operated on tlhe deceased denied that the instruments he used caused injuries which were said to have resulted in blood poisoning. The law on the subject, the said, was in a most unfortunate pfcate. Unless a person believed by i, skilled medical man to be about to tie was himself certain of the fact, no state- ment that he might make would be admis- sible in evidence as a dying declaration, and '.t could not be brought within the Russell- Sumey Act, unless some person was charged >r implicated who could be brought there to hear the statement made. Medical men, le said, would never run the risk of telling :heir patients that they were about to die. Duty prohibited tihem. The result was tinat in no case was A Dying Declaration ever admissible. It was a matter for coo- eideration, added counsel, whether the law on the subject ought not to be amended in order 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 in evidence by the police. He held a very strong opinion, he said, on the question of police officers reading in detadl to an aoonsod person the state- ments made against ihim by others in his absence, and thereby etndeavounnig to make those statements and the replies made to itlhem evide-jee against the prisoner. Such Btaitements 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, Raynor, because the latter was procured by reading to him the form)er, which ought never to have been done. Evidence was given by Dr. Rees and Dr. Goodchild tJhat when called in to the deceased on the 27th of October they found her in a semi-comsoious and Almost Dying Condition suffering from acute blood-poisoning and peritonitis. Dr. Rees said he opera-ted upon her the same night, but 'he denied tihiat the instru- ments he used caused the injuries which were said to have resulted in blood-poisoning. (Prooeeding.)

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