The Sun.
London, England, 1861-09-17 00:00:00

SURREY SESSIONS, Sept. 16.

(Before Mr. Tilson.)
SERIOUS CHARGE AGAINST A SURGEON.

r. David Ormond West, a surgeon and apothe-
cary, carrying on business in Etham-street, Dover-
road, Southwark, surrendered to an indictment
charging
hinal gwili.tlhl4anyienadrsecoefnataaess.ault upon Catha-
rine Hobbs,Mr. Lilley, with Mr. Oppenheim, instructed by
Mr. Edwin, appeared for the prosecution ; and Mr.
Sleigh, specially retained with Mr. Thompson for
the defendant, instructed by Mr. G. C. Fletcher.
Mr. Lilley, in opening the case, stated that it was
one of vast importance to the prisoner, who was a
medical practitioner in the district of Newington,
and if the jury should consider him guilty the
offence was one of great enormity. He should call
the witnesses and leavveetrheincasiellginetnteloiortntgls.
girl,
Catharine Hobbs, a y inte
about 14, said that on the 22d of last month she
lived in the Crescent, in the New Kent-road, and
slept at her father's, Russell-place, Old Kent-road.
On Saturday, the 24th of August, about
eight in the evening, she went to her mother's,
told her she was rather costive. Her mother gave her
a penny to get some pills. She went to defendant's
efendant's
shop, and on seeing him told him what she required.
He asked her what she wanted them for, when she
laughed, as she did not like to answer. He went
into a back room and called her to him.
He pulled
a curtain across the window, and told her to be
seated. There was no light in the room. As soon as
she was seated on the sofa he put his hand under her
clothes. He then requested her to stand up, and re'
peated his indecency, and said she was in the
family-way. Previous to that she had not asked him
to examine her or see whether such was the case.
She never asked for anything except the pills. She
never was familiar with any male person. As soon
as he said she was in the family-way she said, " No,
lam not, let me go." He then wanted her to go
back with him to the closet, but she got away, and
ran home and told Mrs. Young, a lodger, what had
occurred. After that her mother came home and she
was told what had occurred, and then they all went
with a constable to Mr. Wea's house, and he was
given into custody.
The girl was here severely cross-examined by
Mr. Sleigh, who elicited from her that she had been
to Mr. West's shop before for medicine, and he
never acted improperly towards her on any previous
occasion. At the rear of the room he called her in
was a sitting-room, in which was a light and several
persons at supper. The door leading to the shop
was open, but no one coming in could see them as
they were situated. When he assaulted her in the
manner described she was afraid to call out or run
away from him. She, however, told him she wanted
to
_go.
__ _ _ - - -

Emma Young, a widow, residing with the mother
of the girl, said she recollected the latter coming
to her on Saturday night, the 24th ult. She was
crying and very much agitated, and complained of
the conduct of Mr. West.

Elizabeth Aylett, mother of the girl by a former
husband, said that on the night in question last wit-
ness and her daughter informed her what had oc-
curred at Mr. West's. In the early part of the
evening her daughter complained to her of her head
and chest, and stated that she was costive. She told
her to get some pills, but not to take them until she
returned from market. It was then that her daugh-
ter told her what Mr. West had done. She cried
very much at the time. They all went to Mr.
West's house, and saw him, when he said that the
girl had been to him to complain of some natural
deficiency, and he had examined her merely. She
told him he was a base man, as the child could know
nothing of that. When at the station-house the
prisoner said he had examined the girl in a profes-
sional way, as she said she thought she was in the
family-way.
In cross•examination by Mr. Sleigh, witness said.
that the expense of the prosecution was borne by a
friend, but she did not think proper to mention his
name.

Police-constable 299, James Norton, said he ac-
companied last witness to Mr. West's shop and she
gave him into custody. Witness told him of the
charge, when he said the girl came into his shop and
asked to be examined as she thought she was in the
family-way. The mother told Mr. West he had no
right to do so without her consent. At the station-
house Mr. West said he had examined the girl at
her request, and had done it in a professional way.
Mr. Sleigh now ai.dressed the jury at some length,
stating that the defendant who now stood upon his
trial was a gentleman by birth and education, and.
a properly qualified practitioner, and the charge
brought against him was cruel in the extreme, trad a
conspiracy formed by evil-minded persons to ru;,n him
in his prospects for life. He had honourably served
in her Majesty's navy as a surgeon, and it was not
likely he would be guilty of any such filthy
act in his profession. No gentleman connected with
that profession would be safe if a conviction should
follow in this case, as it would be easy for any one
to make such a charge when a vindictive motive
existed. He was instructed to say that it did so
here, and a more cruel prosecution never took place
in that court. His answer was that the girl came
into his shop, and after asking for the pills requested
him to examine her, as she believed herself to be in
the family-way. He did so, and nothing more or
less than any other professional man would have
done. The learned counsel concluded by saying he
should call several gentlemen of the medical profes-
sion, who could speak in high terms of his charac-
ter, and that he would not be guilty of the indecent
conduct imputed to him.
Mr. Alexander, a surgeon, of the Dover-road,
spoke in favour of Mr. West as a properly-qualified
medical practitioner, and as a man of honour and
integrity.
Mr. Jarvis, rag merchant, Dover-road, also testi-
fied to the defendant's respectability and his profes-
sional ability.
Several married ladies also gave evidence of a
similar nature. A number of tradesmen residing
in the vicinity of the Dover-road spoke highly of
his conduct.

The Chairman then summed up the whole of the
evidence with great clearness, commenting upon the
most important points, leaving it to the jury to
consider whether it was likely that a gentleman of
such high character as the defendant committed the
act as specified by the girl. There was no other
witness to the fact but her; and it would be for
them to consider whether it was true or not.
The Jury consulted a few minutes and returned
a verdict of acquittal.
The verdict was received with clapping of hands,
which was immediately repressed by the officers
of the court.