The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-12
He IS NOT GUILTY.
The Verdict of the Jury in the
Howard Spencer Case.
JUDGE JUDD TAKES EXCEPTIONS.
Dr. Harrison's Application for Writ of
Habeas Corpus is Grandchildren Bust
ness in the Courts

The verdict in the Howard Spencer case
will cause no particular surprise.
1t is such one that the public generally
approves of, and which must receive the
sanction of nearly everyone who has fol
! lowed the evidence in the case.
1t would appear, however, that the action
of the jury did not meet with the approval
of Judge Judd. The jury had been in
structed the previous evening that their
presence in court would not be required
before Q o'clock yesterday morning. Before
that hour the room was thronged, and at
$3.50 the twelve jurors walked down the aisle
and took their seats in the box. They were
the center of attraction until the arrival of
Judge Judd, and after Bailitf Sprague had
opened court. the clerk made the usual in
quiry if a verdict had been agreed upon
John NJ. Young. who had been elected fore
man, stepped forward and replied: I'VE
have"
There was an almost breathless silence
as the clerk unfOlded the document, eve,
the jury, find the defendant not guilty"
AS the last words fell from his lips there
was a slight burst of applause from the
spectators, which would have doubt
less developed into tempest
had it not been promptly checked.
Judge Judd then addressed the
jury as follows: "Geutlemen of the
jury. In the verdict that you have rendered
you have doubtless followed your oath ac-
cording to your consciences, and you have
dOubtlessly done it honestly. But if this
is not a case of murder-spealling from
practice of over tWenty-three years.
have never seen one in a court of Justice. [
am now of opinion that Brother Young was
exactly right in his opinion in argument to
the jury. when he said that the law i'll
courts Of Justice in this country was no
protection. You may now be discharged"
Twelve signs of relief went up, and
twelve men filed out of their box. The de
PENDANT was warmly congratulated by the
many friends in attendance, and soon left
the court room.
DIR. HARRISON GOES FREE.
The matter OF the application of DR.. f.
H. Harrison for writ of habeas corpus
next occupied the attention of the court.
Mr. Varian opened the bail by asserting his
belief that the ordinance under which the
quarantine was made was an invalid one.
He would not, however, press that point
His application for release was on the
ground that the petitioner was physician,
and as such was not included in the restric-
LIOllS lltlUS III lllt OIuludLGG IlG IllOugul
arbitrary power mad been exercised in this
matter.
Mr.. Richards disclaim any special in
terest in this matter either on the part Of
any of the officers or myself to strain any
point to keep DIR. Harrison III quarantine.
we simply want
Judge Judd-The fact is, 1 suppose, the
officers here are doing the same as those in
any other place-hOnestly endeayOring to
I 80 =
Mr. Richards-Yes, sir. We place the
facts of the case before the court and then
if you say that DR.. Harrison should be re-
leased it is all right. You can, however,
see at once what difficulty would result
from the quarantine officers, or any one
else, making an exception in cases of this
sort.
Judge judd appreciate the whole sit
uation
Mr. Richards said there was difference
between this case and one where ply
sician was attending a patient. They did
not desire to see DR.. Harrison restricted,
but the quarantine was necessary because
of being exposed to the disease. If the doc
tor had complied with the quarantine regu-
lations he would have been allowed to go
and come. If he was entitled to come out
OF quarantine, the question was, would he
be permitted to 90 to and fro as he pleaseS:
Mr.. Variant insist that he is entitled to
90 in and out of his home just as often as
he likes. His family lives there and he IS
physician. l can prove, if necessary, that
the necessity for all quarantine has gone
The patient is now cOnvalescent.
Judge judd do not think 1t is neces-
sary. [ look at this case in this way: The
of individuals must always
be subjected to the good of the public, and
it is Just a question how to manage the
case, keeping that idea in view all the time.
Here we have a city of some thirty or
thirty-five thousand people, and II the
houses on one side of a street or block were
to catch fire, and it became necessary in the
emergency, in the judgment of the mayor,
to blow up and destroy the houses on that
block or street in order TO save the balance
Of the town, it would be his duty 20 have it
done; and those who owned the property
would have to suffer the loss. So il IS in
case of contagious disease. To stop the
spread-or the possible OF probable spread
of A contagious disease Ike smallpox is a
thing of such supreme Importance, that if
the MAYOR of this city and those Whe are Its
officers neglected for moment to do their
duty in this respect, the people would have
the right to rise up and demand of them,
and compel them, by force if necessary, to
take such measures as would protect them.
never heard of case before just like
this one, where a doctor has been penned
up 1t is generally supposed that physi-
clans in good standing-and | happen to
know Dr. Harrison is an excellent physi-
elan, and that he graduated at one OF the
unest medical schools on this continent
take all the requisite precautions when
dealing with cases Of contagious disease.
He alleges, suppOse-and the fact will not
be controverted-that the patients he has
in charge require his care and personal at
Qention.
However, without going further into
that matter, I think l see my way out of
this matter, think can very well see how
to act 50 that the public will concur by let
ting DR.. Harrison out of this place, to go to
his family and to his business. But We
must act under the precise restric-
lions provided in the ordinance. He
must change his clothing when he
goes in and comes out of that place,
and put himself in such an attitude as he,
as a physician, well knows how, so as not
in the least to endanger anybody else by
reason of his contact with them. But,
! then, DR. Harrison is a good physician, a
man of fine sense, of medical skill, and it
must be assumed that he himself is the pest
| Judge of what to do in order to avoid any
! further trouble.
The court feels impelled as matter OF
| Judgment in this case, to direct that he
must abide by all the restrictions put upon
physicians by this ordinance.
~