The Hawaiian gazette., 1883-07-18
THRuM rRIu1EPHANr.
Anoth,r vietsrr fer tAs New.pap


called 10 serve as j1rymen: s. Magnin, d. MeCart
new Spear, w. Wenner +. kistler, s SeliQ, G.
West. " fishman, J. B. Castle, Julius Asche, J.
II. Bruns. Jr.. ]. c. Quincy Before being sworn
Mr. Mccartney, one of the jurors, was excused, a
be va. witness in the case, and Mr.. G. 4. Scar.
borout b took his place in the box.
Neiiar side making objections 20 the juryrncu
thus eHpanelled Mr.. +. Hatch, for the prosecu
ton. Rad the indictment.
The nal of the case was then proceeded with,
the rst witness called by the prosecution was Al
bert c. Smith, who stated that L. G. Thrum was
publisher Of the SstHrIias Prs on date Of May
5th containing article Of alleged libel Paper
offered in evidence by prosecution
Doctor Fitch was then placed on the stand and
testified in substance as follows
After stating the various positions held by HIM
as governments officer, he said also that he held
Ia license to practice medicine in the kingdom. Al
50 had license to practice IN California, dated
1870. Had diploma from Bellevue tolleee, New
York, was appointed government physician. Octo-
Der 26. 1851, By Hon. II. A. P. Carter also super
iniendsnt Leper Hospital az Honolulu and ap-
pointed as medical superintendent At halawao.
Saw the article published in the SIirriag Prsss,
May 9Th. Refers TO him. No other Doctor Fitch
In this country to his knowledge Remembered
the malpractice case IN which Doctor Rodgers and
myself were sued BY Mr.. Hinckley. Remembered
his testimony relating TO receiving his education
said receiyed diploma al Bellevue Hospital, Do
not remember ALL Entered Bellevue College,
October, 1859; do not remember the day of the
month, was there AZ months before receiving
diploma. Attended the regular course of lectures
at that college.
study of medicine March 26. 1865, in Eldorado
county California, with DR.. NJ. F. Clayton, was
there IL months and money gave out, then went
20 San Jose and San Francisco, there continued TO
study. Was night clerk in hotel there some time.
Studied with DR.. W. Lyndon at that place, then
worked at dentistry. Studied at San IeandrO, IN
1861, under Doctor Coleman. Clayton was a
county practitioner, and also practiced dentistry.
L. r-v,n ~ tho Tn1auH MaTieat (soilnrp
San Francisco. Have not practieed dentistry
since 1870 Took no special instructions IN den
tistry. About months IS the time used as re-
gnlar course in a medical college. All colleges
have the same term positively. Had not studied
leprosy especially before coming here, nothing
more than general knowledge. Never attended
a case of leprosy before he came here But helped
to cut of the leg of leper, in order to get him IN
his coffin, m the city ind county hospital, San
Francisco. Leprosy is not thoroughly durable,
can make II disappear bat Is convinced that It IS
not thoroughly durable. Never wrote otherwise I;
leProsy Is q recurrent disease.
Never told any patient could cure leprosy, ex.
cept in the way mentioned Told them. could
make spots disappear. My theory OF leprosy Is
that It IS the last stage or form Of syphilis came
to that conclusion BY examining case after case by
the hundreds Doctor Endeis, of Maui, did ad-
vocatc the fourth stage theory, but, do not think
he does nov. No text book writers support that
view. Does not regard syphilis as basis of all the
diseases of Hawaiians. There are many skin dis
cases. Here the witness being asked TO enumer-
ate them said Land OF love- l can't go through
them all BELIEVE almost all that tesh IS heir to
may be found here Do not believe leprosy TO
be contagious under ordinary circumstances
think disease inoculates in % or IS days. II. V.
Carter. one of the best authorities does not know
the length of time but believes 1t to be very short
There are fully 1000 cases of leprosy in the king
dom Practically all natives have syphilis. Here
followed details Of cases intended TO show that
leprosy was not contagious IN certain cases. Illus
bands having the disease and wives not, and vice
versa. In most cases leprosy IS not contagious
The proportion of natives who take leprosy Is very
small; GOO of the 1900 may have leprosy for all l
know. Lepers IN the kingdom, June 9th of this
year, were $50 at Kalawao, and about 200 at kaka-
ako. The outside estimate of those who may or
may not be contagious is about 800. There are
not many cases of confirmed Iepers at large. Did
not know Of q single case. There are many cases
that may become lepers if not treated. Could not
tell where syphilis ends and leprosy begins The
confirmed cases are easily distinguishable. Early
stages are difficult 10 distinguish Regards segre-
CATION as emphatically necessary. There are a
great many cases at large which would lock up II
had the power. Is not, however, interfered with
bv the Board of Health Is not policeman. Is q
doctor: and pass Judgment upon patients brought
before him. Witness had previously read COM
mission from the Board of Health empowering
him special agent of the Board of Health to seq
regate lepers.i In smallpox and scarlatina a
comparatively few cases are contagious, nothing
like the number that are so in this disorder.
Have not read the law regarding leprosy and its
segregation. There are some persons would not
SecreCate even if they had the leprosy. In old
persons it las passed the contagious period. Thinks
the line may be drawn firmly and distinctly.
Thinks letter to Doctor Emerson agrees with pre-
sent position. Have never SAID that leprosy was
contagious in eating, drinking and sleeping. Said
what he did about syphilis Mr.. Dole read
frpm the beard of health report of March, lSS2,
page 6l But RIGHTEOUSNESS alone is not to blame
for the spread of this disorder Passing the to-
bacco pipe from mouth to mouth is common cause,
and fully believe the custom of numbers eating
poi out of the same dish with their fingers also
come In under the same head" Witness said (;
Meant by this syphilis and not leprosy.
Persons discharged from hospital last June had
passed contagious period. No doctors approved
Of their discharge except myself. No other doctors
were present. Thought Sumner a safe man to
allow out DR.. Trousseau said Sumner would be
4 leper all his life. Sam kamOhakau was also
sale when he left the hospital. No other doctors
saw them. Does not remember asking Doctor
Stangenwald about Sumner.
As to syphilis preparing the community for
leurOsy-the fourth stage of syphilis, partaing of
the nature of the late Gecond and early tertiary
stage-the time has not yet come for the disease
TO have run its course. II is question of cen
turies, not of years.
Dr. Rogers is assistant in dispensary; took
charge when l was gone. Had not closed dis
pensary twice; had not advertised 1t closed.
objection TO prove allegation sustained by the
court.
In treating leprosy, he had made many symp-
toms disappear. objection to naming lady
witness until put upon the stand, sustained by the
court
The noon recess was then taken until 1:SO P. II.
AFTERNOON PROCEEDING.
On the reassembling Of the court at 1:30 P. NJ,
Dr. Fitch again took the stand and continued his
testimony as follows: Mr.. Dole, cross-e1amining,
witness said he had served eye cases in practice
here, i've Of cataract, one middle cataract, one
rigid. Some of the cases treated had been sue
cessful, others not, Did not use the opthalmis-
cope. Knew the catopxtic test; did not use it.
Dir. Grunwald had a cataract do not know Of
any cases Of leprosy at large that ought TO be
locked up. If there are any, don't know where
they are OF the one thousand and SIX hundred
iepers estimated to be on the islands, hundred
and fifty have died. four hundred and hfty have
been arrested. and about seven hundred and nifty
seeregared. know of a great many cases In town;
but they are all light sam, the native released;
had not passed the stage which | considered dan
gerous. | recommended his discharge, because
the disease had nearly disappeared from him. In
the majority OF cases eprosy IS neither infectious
nor contagious. Mr.. Dole quoted from Dr. Fitch s
report to the Board of Health. The witness then
qualified by saying, in "a majority of cases"
Asked that Doctor Rodgers be appointed. Re
comrlended that resident physician at kalavao
be appointed. When asked Mr., Gibson to ap-
point DR.. Rodgers to position as assistant, Dir.
Gibson objected, saying, "that man is personally
repulsive to me- Ny request was at last granted.
Afterwards, had disagreement with DR.. Rodgers :
found he had applied for position as resident
physician at Kalawao. Did not object to Rodgers
on professional grounds The iepers at the settle
ment objected. ! have not visited the other por-
lions Of the Island Of Oahu, being told would
receive an order when desired to 60 l was not
the directing manager. Did not consult DR..
Rodgers regarding lepers discharged. The board
Of health signed the papers letting the cured epers
90 By Mr.. Hatch The attendance at the dis
pensary varied, the average during six months be-
ing about thirty-fye per day. At the time of the
dischargiug Of the lepers cured there present
his Majesty Messrs. Gibson, Moanauli Cleghorn
and Wideman. The order was signed by Messrs.
Gibson Moanauh, Cleghorn and Nideman. ] also
signed it. Cross examined by Mr.. Dole Largest
number of patients at dispensary on any one day,
was 322 % / prescribed for all. was all used
up. and went home and slept for thirteen hours
Was at the dIspensary on the day mentioned for
six hours, and attended all: did not have time
enough, and work was not done properly.
Major Charles I. Gulict was called, but not
arriving, the defense to the time of the jury
men present, admitted the authenticity of the
license. The prosecution then rested.
Ir. Dole, for the defense, moved Judgment,
arguing that the prosecution had failed in show
ing any malice IN the publication which would be
necessary to show, to cause libel
Mr. Russell, for the prosecution, stated that full
malice had been shown by the vilful publication,
and quoted from chapter 81, sections 3 and 4, OF
the penal code.
The court after reading the authorities pre-
scented by Dir. Dole, and listening to the argu-
ments on both sides, oTerruled Mr.. Dole's motion,
which, decision vas excepted to, and the defense
proceeded with their case.
DR.. Trosseau stated that he was q practising
physician; had been here twenty years; was IA
hiiar with leprosy: was familiar with syphilis;
said no affinity existed between the two. Leprosy
is as old as the world; syphilis is comparatively
new disease. The laprosy Of to-day, in bible
lands il identical with that mentioned in bible
times The date Of the inst epidemic Of syphilis
Is rather obscure. Iaprosy IS reported to have