The New York herald., 1876-10-05
GENERAL SESSIONS-PART 2.
Before Judge Gilderslccvc

WAR BEGUN ON IRREGULAR m. D. g."
Assistant District Attorney Horace Russell, who
returned from Europe yesterday, appeared prose-
cutting officer in Judge GiIdersleeve's court where he
assisted dispos,ng OF number Of cases. The most
important trial of the day, and one which will doubt
less very much attention. that Of old Cor
man named John Lang Of No. II King street, indicted
for practising medicine without a regular diploma II
would appear that the New York Medical Society has
determined TO wage universal upon quacks and
illegal OF all degrees and that the OF
Lang intended as test one. Mr.. Russell was
sisted in trying by the special counsel OF the society,"
who had famiiiarized himself with all the facts
In the case and who made the opening address. The
defendant he said was arragned under statute passed
May IL, 1874 tsection So Revised Statutes, which
rcads:-''It hereby declared misdemeanor for any
person to practise medicine or surgery In this State
unless authorized do by license diploma from
medical society," or who shall practice under
cover OF medical diploma illegally obtained, and any
person ound guilty OF such msdemeanor shall for
the first offence bc fined not loss than $50
than $500 For any subsequent offence not less than
500 than $500, by Imprisonment not less
than thirty days or by both imprisonment and fine,
and all such fines snail so into the county treasury OF
to say that there number of persons
in this city practising medicine without
e0pG5 susy ana having NO conse
diploma, and the amount OF harm done by them
was TAR greater than was generally suspected He then
No. 149 Lexington avenue, secretary OF the
Board of Census Of the Medical Society OF Now York.
He testified that lie had been present at meeting OF
the Board, convened for the purpose of examining
candidates for diplomas TO their efficiency; the de-
fendant Lang Of tho candioateA examined by
the i've censors the usual manner each turn
tho presence Of all putting qucstlons no vas found
deficient IN ovsrything that goes to make up good
physician and consequently refused certificate;
Lang hen TO witness that be had never received
dpoma II he claimed to have ever had on- the Board
would have spent its time examining him, but
would ordered him to send for copy OF 1t TO the
institution by which 1t was issued
DR. j. 5. Janverin, another member OF the Board, re-
membered the appearance OF Lang before that body,
and distinctly remembered that he was inefficient and
James T. Body sexton OF Baptist church at No. 231
East Thrtythird street, testified that he went to the
defendant, Langs, office the 18th of OCTOBER 1875,
and told the latter that he suffering from palpa-
OF the heart and the kidney complaint defendant
made diagnosis and wrote prescription and told
him to come back when he had used It; witness paid
HIM 81 and took the paper the officers OF tho medi-
cal society by agents OF whom he was sent.
The prescription was exhibited In Court II enumcr-
ated i've ingredients. ana the physicians In attendance
for the prosecution declared they could make nothing
Of IL except that one OF the drugs named spirits
OF rhubarb, another sulphatc o. magncsia.
Sergeant Bergbold Of the Court squad OF the Sec
ond District Police Court testified to having arrested
prisoner upon the Indictment and to the best OF
his recollection. Lang then told him that he had
been practising Tor about forty years. Counsel who
defended the prisoner said in brief summingup
speech that the question TO be decided simply
whether the accused had license kill tie city OF
The defendant placed ON tho stand, and in reply
10 questions Of hts counsel stated that he sixty
old and native oil Bremen Germany had
the medical college at Gotngen, in that coun
try 1887 and remained two years. when he lett alter
receiving a diploma, which was stolen from him IN
The examination elected the fact that tho
diploma he received merely document certify
ing that he had attended lectures for two years,
gave him authority to practise In order to OBJ
tam that privilege he would have obliged to at.
tend for another year. The document given him at
Gottingen written by Dr. Laugevich and signed by
Professor Conradn OF that university Afterwards he
went to Holland, where he surgeon board q
whaling vessel, the spltzbergon, Tor tour years Be-
fnr hQ m lpR IN m ~ m
ton board the ship and was given n certificate,
which he Claimed entitled him Ito practise any
where This document had also been lost, but the
Court decided that II OF importance would
not be diploma within the meaning OF the statute,
being granted by chartered school, State board
oil medical examiners medical society,"
Counsel claimed that the had not proved
that the accused had practiscd medicine within tho
meaning OF tue statute, but the jury thought differ
emily aud brought in verdict Of 'guilty." Counsel
then pleaded Tor mcrcifa sentence, referring to tho
fact the prisoner had been uninterrupted prac
tce twenty years. and that while the great
cholera epidemic ragged here he spent his time minis
tcring 10 The sick when many rcgular practitioners
had Icd He urged that 1t would be cruel to send q
weak and gray haired man to jail and his family
into disgrace, and pleaded that nne might DO imposed
instead
Alter carefully Weighing all tho facts in the ease
Judge Gildersieeve imposed tho lghtest penalty posi-
blca Iinc oil $50, the prisoner to stand committed
until II should be paid
FIVE YEARS IN STATE PRISON.
John Burke, who assaulted and robbed Charles b.
Weaver, OF No AIS Fourth avenue, in a lager beer
saloon corner of Chatham street and New Bowcry,
was sent TO State Prison Tor hvc years.
AN ALLEGED THIEF AcocITTED.
Charles Harman, baggage porter in French's Hotel,
was tried a charge OF robbery preferred by iIIam
T. Mcneil. n merchant from Valparaiso, chill. who
testified that no TO this city last month buy
goods, and stopped at the hotel named; that being
stranger III The city, he asked Harman TO show him
about, anJ that after spending night together, no
took Harman 10 his room, and sent him thence Ia
buy giving him couple OF pieces OF money
for t6at purpose, and that Harman lett and was not
again several days, and that tho following