The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-07-27
Or. sropDARr.s cAsE.
Evidssce lstredsosd That surprissd the
P~roeeoutton.


Evidsscs ~IstreAsosd That ~surprissd the
Proeeostten
Bv the Standards Special Vine.
BUTTE July 2s.-The trial of DIR. Stod-
dart Of the Liebig, San francisco, dispen-
sary, for practicinR medicine without q
license, was begun before Judge Eddy
this evening. Although only a simple
case in a justice court the cause was not
without its interesting features and devel-
oped q line of defense not anticipated by
the prosecution.
Expecting the defendant would admit
having no license from the state medical
board and would stand on his right to
practice regardless OF such fact,
h prosecution sought only to prove him
guilty of violating the Law making IL
obligatory upon all practicing physicians
10 have such permits.
With this object In view the state intro
duced but one witness. w. B. Jones, who
testified that the defendant had treated
him in the capacity Of prescribing physi-
clan and also showed q contract which he
held from the dispensary, guaranteeing to
cure him and. furnish all medicines for
the sum Of 500. The contract was given
TO Jones by one Bruce who. II seems, acts
ness manager for the Butte branch OF
the institute. The contract bore the sig
nature of DIR. Stoddart.
At FIRST the attorneys for the defense at
tempted to make il appear hat the name
attached 10 the signature was not Stod-
dart, but something similar. The court
carefully examined the signature and held
that il was Stoddart and nothing else.
Jones continued his testimony and
stated that on a prescription given by DIR.
Stoddart he had obtained a bottle of med
icine compounded by Bruce and had paid
kl E.r IL AaAa hn xsaa a.kal H., ana
of the defendants attorneys whether he
knew il was medicine, n whether he
had read the prescription. To this Jones
replied that he had not read the prescrip-
ton, but from the fact that the doctor had
given it to him and that Bruce seemed Ia
he directed by II while mixing the stuff
given to him, he believed il To
hare been medicine which the bot
tie contained. He said the color
of the mixture was lark and knew
il was medicine, because of the directions
on the bottle telling how il should he
taken.
The defense apparently sought to estab-
lish a doubt in the mind OF the court
whether DIR. Stoddart was really giving
medicine or simply water favored with
some extract or herb, as pecul ar stress
was laid upon he fact that s~arsaparilla
was dark and still not n medicine In the
accepted term.
Next a move was made to establish an
other doubt in the courts mind
as to whether Stoddart had
really received pay for prescribing.
Jones said he had given the money to
neither of the men; he had simply laid IL
upon n desk in the Office. The prosecu-
ton stated il had made out its case and
rested. Upon this announcement the de-
Tense moved for n discharge of the de-
fendant for the reason that IL had not been
proven that he had no license, the witness
stating emphatically that he did not know
whether the defendant was properly
licensed of not. To this the prosecution
objected for the reason, Mr.. Stapleton
said, that they were under the impression
the defendant would admit that he had
ne license and would fight the ease on his
legal right 10 practice In the scale regard
less of not having such license, SO long as
he could prove hat he was an accredited
graduate OF some reputable medical col
lege OF known standing.
The defense would admit nothing.
Thereupon the prosecution asked the
court to adjourn TO the office of DIR. Lea
witt, of the state medical board, who would
testify TO the fact that a license had been
refused to DIR. Stotdart.
The case was finally continued until
Wednesday evening at z o'clock, when il
is thought DIR. Leavitt will be able to at
tend.
J. II. Cotter and g. w. Stapleton ap-
peared for the prosecution, and George
Haldron and Il. L. Mcbride for the de-
PENDANT.
n