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DOCTOR IN THE DOCK

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DOCTOR IN THE DOCK FOR WOMAN'S DEATH Illegal Operation Alleged THE LAW AS TO DYING DECLARATIONS. Dr. Arthur Raynor, aged 57, of Palmerston- road, Kilburn, again appeared at Maryle- bone Polioe-court on Thursday 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 all alleged illegal operation. Shortly before her death Mrs. Martin made a declaration, but Mr. Muir, the Treasury coursel, 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 the latter was procured by reading to him 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 IK) i son in g. The La.w on the subject, ■he said, was in a most unfortunate state. Unless a person believed by a skilled medical man to be about to die was himself certain of the fact, no state- ment 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 or 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 ever admissible. It was a matter for con- sideration, added counsel, whether the law on the subject ought not to be amended in order to make such statements evidence. CONDUCT OF POLICE OFFICERS. Mr. Muir then referred to the statement of 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 detail to an accused person the state- ments made against him by others in his absence, and thereby endeavouring to make those statements and the replies made to them evidence 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. E-aynor, because the latter wias procured by rea.ding 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 deceased on the 27th of October they found her in a semi-conscious and almost dying oondition, suffering from acute blood-poison- iug and peritonitis. MEDICAL EVIDENCE. Dr. Rees said he operated upon her the same night, but he denied that tihe instru- ments he used caused the injuries which were said to have resulted in blood-poisoning. Dr. Spilsbury, assistant pathologist at St. Mary's Hospital, who conducted the post- mortem examination, was questioned by Mr. Freke Palmer as to whether the injuries could have been self-inflicted with the grid of a knitting needle. He replied that they could, but the needle would have had to be of such a shape as he had never yet seen. At the conclusion of the hearing Air. Muir said he should have liked to call the deceased's husband as a witness, but, he had mysteriously disappeared from home, and Inspector Neal was doubtful whether he would ever be able to trace him. He, there- fore, closed the case without him. Mr. Freke Palmer submitted that the evi- dence was not sufficient to justify the accused bein.g sent for trial. The allegation was that the operation was performed with a clumsy hand. Before the court, however, was a man who in his younger days was one of the finest and most sought-after accoucheurs in the North of London, and drove about in his carriage and pair. He was, therefore, about the last man who would be likely to do an operation clumsily, and, seeing that the operation might very well have been performed by the woman her- self, he (Mr. Palmer) asked that the prisoner should be discharged. Mr. Plowden decided, however, to commit the prisoner for trial, but formally remanded him in order that he might come up at the December sessions.

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