The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-17
The District Court Upholds the
Medical Board in the Kel-
logg Case.
His Story OF the Maternity OF tbs
Headloss Child Dis
proved.
The judges Think lie Was Proved Guilty
OF UBprofessionaI. Immoral and Dis-
honOrapis Conduct

In fevokinR his licsuse. was rendered in the
district court yssto. day. IL sustains the
action Of the medical board and takes away
the doctors license on tho ground that he
has been guilty Of unprofsssionsl. immoral
ana dishonorsbls conduct. When the de-
ciEion was rendered. Lawyer 4. j. Walsh.
for the doctor. asksd for = stay OF iudR
rneni In the matter Of the reVooation OF the
license to practice medicine, pending an ap-
peal to she sup-sms oout. a notice of
which was hlsd. He asked the court TO nx
tho terms and conditions OF bond to stay
the operation Of the judgment. This ths
court refused TO do, ssying II they were
right now in their decision. as they were
satisfied they were. the license 30 practice
medicine ought 10 stop al once. Attorney
Walsh will aprly TO tho supreme court to-
day for writ OF mandate returnabls Mon
dog. requiring the district court TO hK The
bond asked for. or that the supreme court
tx i1s tsrms and conditions TIE docisiOn
Of judges Hunt and Buck is ~ follows;
In passing upon the demurrer interpossd
to the complaint hled before she board Of
medical examiners against 4. 5. Kellogg
with view 20 revokina his license 70 prao-
iice med cine. this court used the fol owing
Language; I'VE think that the complaint
10 sufficiently specific TO notify ID Kellogg
Of the nature Of ths cha aes preferred
against him. IL the allegations set forth
therein are established by proof. we are Of
the opinion that IL would then be Necessary
| for him 20 exp ain away chain of suspicious
/ circumstances. and shat II he dses not do
/ this that BIO would virtually be pleading
guilty 10 the charge OF anpTofsssional and
] Nrur. al 80 NaNr a.
has legal right to refuse TO make any eK-
plsnatiou. bat the exercise Of such legal
/ right cannot prevent an Investigation into
/ the charges, and the circumstances thereof,
and conclusion rs 10 bis guilt OF
innoosnos Of unprofsssionsi and
diahonorable conduct under them.
I IL is true that DIR. Kellogg may fully ex-
plain away the suspicious circumstances al
legged. but II he does not ex lain them away
The action Of the medical board must be
sustained. AZ reasonable men they would
have right 90 believe bis own statement
/ that his answe would incriminate him.
/ IL suoh answers would incriminRte him,
the beard was fully justified IN ito action"
/ trial has been mad before this court
sitting without jury. (Which was waived,
/ and Was conducted IN accordance with the
suggestions contained In the language sbove
/ quoted. The medical board was squired
/ 10 assume the burden Of proof in making
out n pTima faoie case. This il dill; ana
/ then All possible latitude was allowed the
/ defendant. DIR. Kellogg. in order that he
might rebut or explain away this primo
/ facie case.
After review Of the evidence on both
sides, We are OF the opinion that the follow
/ ing facts we're established; On the 4th Of
March, 1888 Nt about 4;45 p. NJ, DR.. ksl-
/ loRg threw into the Furnaces OF the Masonic
building in Helena. newspaper package.
( IL fell among ashes; and i'm mediately after
before even the wrapping paper had been
/ iRnited, the iauitoT OF the said building
hshsd II out. and upon opening IL dis0oV-
ed tue contents 10 ba a headloss male
body Of between a. least i've and six
months development. lis head had been
severed from tie body close 10 the shout
dere by some sharp inst ument. The um-
billcal cord had been tied. and the body
was In no way decomp posed.
Shortly after eoTOner's inquest was
held. DR.. Kellogg. when called as a wit
ness on March Before the oofoneF'a Jury,
among other statements, testified &c fell
lows: That he had been called In TO as
tend a woman who shortly afteTwaid suf-
fered miscarriage; that abe was deliv-
being delivered the head Of the infant be-
came detached from the body; that he took
ths BODY of the infant 10 his Office, Wrapped
IN a sheet of paper, and threw said body
into the furnace Of the Masonic temple;
that be had before thrown ann utkted men-
bers OF the bodies OF persons in said fur
mace. The party referred 90 as being the
patient from whom the body vas taken
asked not 10 have hsT name made known,
II POSSIBLE 10 avoid IL. and that be had been
advised that he need not answer 10 unless
be ohoss TO do 50. He declines 60 answer,
not beosuse he - afraid of discriminating |
himself, but 20 avoid the { ublicity of the
lHdy's name In the pa. ers. Child bad besn |
dead four or i've days when taken away; |
head was in IArt detached; tue body Is |
h. rrnnF au ~ "A ola Il
to disolos- the name OF the lady to-mo5rOw
at two ,. M. 20 the coroner. who will use
his discretion IN the matte ~
He also made she statement TO said jury
that this woman from whom he had taken
the ohild was the wife Of n young attorney
of Helena. On March p DT. Kellogg ap-
psAring again before the eoronsr's JURY,
made tue following ststsmsnt: The per-
son whose name you ask for has left the
state OF Montana, aud is beyond and with
out the Jurisdiction OF any court of the
state OF Montana. without the presence
of that person 20 explain and certify 20 her
Coz dition 40 the tlse she body vas taken
from her, my answer, under the existing
circumstance, would inoriminate me and
be testimony against myself. and en- that
ground | isfuse % aneVsr."
I he above chain OF suspicious eircum-
stances and doubtful conduct and laneuAR
on the psrt Of DR.. Kellogg oonstituts abe |
eist of the charges preferred against him OF
unprofesslonal. immoral and dishonorabls |
conduct. which he was called upon to eI-
plain in this trial.
Let Us examine his own and the evidences
Of witness 10 his behalf 90 ascertain
whethe be has done so. lie admits that /
the body was more than thres months and |
one week old. He says he accepted the |
moiheT's statement - 20 its age. But he
had NECESSARILY, IN han Hing viewed the |
body. Moreover 10 was in evidence before 1
the cofoncr'a iurV and readily accessible 4
for inspection. lie ~ Ike 10 explain his
tying the umuilical cord BY stating that 10 /
was from force OF habit or for pa poses Of /
cleanliness 20 prevent a discharge OF se-
run. Aud vet among doctors IL 10 not I
common 10 tic tho umbi ical cord OF dead I
iu ant. and 80 himself nit-r q g - dsolaf-
ing that lie had lnceI the newly DO u body
on tbs floor. afterwards rctractri nnd stated /
that be had dei ositei ~ IA vessel which .
contained the otnsr difcnA yes OF sue bath.
lie declared th q when ne came To deliver
the child ur found foot prtssn-
tetion, that traction was necessary,
aud that duriaR the operation she tsad vas
eithe entirely severed OF eiss upon delivery
was attached only by q 81 cd 10 the trunk.
II 4, gives no explanation OF TIE smooth.
even appearance Of she place Whais the
head vac severed Z ON the bodT. lie does
not femembsf what became Of the head.
whether 20 was role a. In the package
With the tfunk or IA another paokags with
the placsuts. which bad Also hssn glAced IN
the vessel al ga " mentioned
Substantially HE version uf the aaair IL
Aa follows; liz had hesn eating a Mrs.
Irus rnuEtuunualv far aUanItnu AZ Al.