Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-02-03
AN UNDERrAKER ON TRIAL
He Took Down a Diphtheria sigma Scar
In the Court.

i'm the Court
The case of Undertaken Thomas r. Cannon,
against whom warrant was recently issued for
removing diphtheria- warning sign from the
house Of Mr. Crehore on North Capitol street.
where funeral had taken place shortly before
the sign was removed, as heretofore published
in TIE STAR. was called in the Police Conrt to-
tlav and lawyer John A Clarke appeared for
the defendant
Mr.. Dumont said he understood that Mr..
Cannon removed the sign. but that he did II
ignorantIy He said that he desired to hear
the PROOF.
Chief Clerk McGinn Of the health Office testi-
fed to the death of the child at Mr.. Crehores
house and also said that one of the blue dlph-
iberia signs was placed on the house mat
sign. he said, WAS removed BY some one Win
out the permission Of the health ofheer.
Counsel inquired Of witness whether there
were two other cases in the house at that time
OF not. and he said that according to the re
port of the physician there we're two o'ner cnii-
dren sick.
Mr. Crehore. father Of the child, was called,
and he testified that on the day that the child
was buried the undertaken took down the sign
SCARE IN THE COURT.
A scare was caused when Mr.. Clarke began
his crossexamination Of Mr.. Crehore concern
ing the presence of the contagious disease IN
the house. He first asked il there were two
other children down with the disease at the
time of the funeral Witness denied that there
were but they were taken sick the next morn
ing" he added, land the doctor was then sent
for"
Have they the disease now?' inquired
counsel
YES. sir" responded the father Of the child.
The Judge moved his chair further from the
witness, and the latter. continuing, SAID. 'one
Oh, = H. and the other is
valescent."
Judge Miller expressed surprise at the Wit
ness being brought into court from house
where patients are still being treated Tor the
contagious disease.
Health Officer Townshend was called by the
court and asked whether il was not more dan
gerous for the witness to be brought into court
than il to tear down the sign, and his re-
Spouse that il was.
Il was summoned this morning by ponce
man" added Mr. Crehore-
THE WITNESS WAS EXCUSED.
We'll you're excused now, said the court,
and Mr.. Crehore left the court
The court then commented on the fact OF
bringing the witness into crowded court room
from a sick room and suggested that the court
ought to be deOdOrized-
Mr.. Clarke then suggested that this was
the first case under the law he thought the Dis
trict would not AK for the imposition of a fine
be taken He suggested that the object of the
prosecution was more to get a judicial express
sion of the law than for any other reason.
Judge Miller said he thought the best way to
do that and to promulgate the law was to I'M
pose fine.
THE DEFENDANTS STATEMENT.
The defendant then made statement in his
own behalf He said that when the dead body
was removed from the house and he went to
remove the Grape from the door he also re-
moved the diphtheria sign. He said he did not
notice the small print on the sign or he would
not have removed it He also said he had re-
ceived no notice of the provisions of the act.
Under this statement counsel again asked the
court to suspend sentence, and Mr.. Dumont
said he had no objection to such course.
The court. however. doubted its power to take
such action. and said that in all cases Of viola
tions of the health ordinances where the Offense
is proven il is the duty of the court to impose
a penalty. As this the first case under the
law the court would impose the lowest penalty
IS.
Mr.. Clarke said he would note an appeal