The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-10-08
REV. EA. WATKINS HELD
For Prncticing as n Ply siclan without n
License-Iils Own Testimony Damaging

LiCensc-Lls Own testimony Damaging
to His Case.
The preliminary hearing Of "Rev." E.
A. Watkins, the ex'Salva!ioH Soldier,
present "Law and Order" leader, arrested
on charge Of ''practicing medicine, sur.
gerry and obstetrics" took place yester.
day afternoon before Squire D. z. Phil.
lips. Prosecuting Attorney Howard ar.
peared for the State md Judge Gran.
mer and Guy R. @. Allen Tor the de.
tense.
Young Burkbardt, who swore out the
warrant for Watkins arrest, testified
that no heard Watkins talking In his
mothers house, and going into the room
where he was, asked him what no was
doing there. Watkins replied that he
was doctor, and was there 10 treat his
sister. Bufkhardt asked him II he had a
diploma, and he said he had.
Burkhardt's sister corroborated this
testimony.
Gcrtie Buskhardt, tho girl who was
Watkins patient" said Watkins called
on her four times. She frat met him at
friends house, and he proposed to
prescribe for her there after an exami.
nation, but she objected unless her
mother consented, aud Watkins then
went home with her. lie told her moth.
e. he was a physician, and represented
nat an examination was necessary be.
f1re he could determine what treatment
was proper. lie then took her into an.
other loom ind made the examination.
When questioned as 10 tho details OF
the examlna,ion the girl, who Ia uppa.
rently about fifteen years old, declined
to speak in the presence Of the crowd,
and the, court was accordingly cleared
and the evidence taken In private.
Tho other evidence was not important
except that OF Watkins vile, which vas
offered 10 show malice on tho part oil
young Burkhardt, the complainant. II
was developed that the medicine giver
10 the girl was obtained on a ptescrip
ton given by n physician to another
girl for the same complaint, and Wat
klns paid for the medicine and did no
charge the girl for his services.
Watkins himself said be never pro
ieased to be physician, nor to have {
diploma. In getting the medicine fol
tho girl he was actuated only by a desire
10 relieve her trouble.
On his cross examination he corrobo
rated the testimony Of the girl as to the
character OF the examination. 1t wal
such as no reputable physician woul(
make, and essentially lewd and in
decent performance. He used surgica
instrument.
In summing up the evidence in con
clrsiou, Mr.. Howard said when he wa
requested to be present at the hearing
it occurred to him that perhaps thu
prosecution was due 10 some feeling
agains. Watkins On account OF BIZ
activity in the so.called Law and Ordel
prosecutions, and he bad come here
with some prejudice against the prose
cution, and determination that the
law should not be used through lii
fundamentally to punish anybody
But Watkins own admissions showet
that he was guilty. He said he hat
studied medicine; il 50, il he knew
anything, he knew it was not right no
safe to give the same prescription to al
patients for tho SAME complaint. Tn,
examination was made as reputable
physician would not make it. Tn,
courts had held that even lieenset
physician who made an examination il
q lewd way could be prosecuted, ant
physicians for just that otfense had beer
convicted Of indecent assault. Physi
cians only made such examinations
when they were absolutely necessary
and, Mr.. Howard continued, he believed
Watkins own testimony would convic
him Of indecent assault.
Squire Phillips held Watkins in S90(
bail for the Circuit Court. His forme!
bondsman declined to again 60 upon
his bond, and up to 0 o'clock he hat
not succeeded in securing another sure
ty. About that time Mr.. John Bailie
signed his bond, and he was released.
The penalty fixed by law for practic.
ing medicine, surgery or obstetrics
without obtaining a certificate and regis.
tering with the State Board OF Health is
a fine OF not less than $50 nor more than
$500. or imprisonment in the county
Jail for from one TO twelve months, OF
both iue and imprisonment, at the dis.
erection OF the court. Walking some
time ago asked Dr.. Garrison, OF the
State Board Of Health, if person not
having a diploma was required to be ex.
amined in order to Secure 4 LICENSE to
practice medicine, aud was answered in
the affirmative.