The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-27
THE FIRST CASE.
Jury Says dr. Forth
Practiced Illegally.
Trial of Novel Suit Against
an Express Company.
Dispute Between Neighbors--verdict
in the Earle Case.


indicted for unlawfuliy practising medi-
cine under the law recently passed to reg
ulate the actions Of persons processing to
be versed in the cure of the many diseases
of which residents of this State may be
victims.
sDr. G. T. Swarts, secretary of the State
Board Of Health, testified that he knew
DIR. Albert w. Forth and that Forth had
made en- application TO the State board
for permission TO pactice medicine In
June, 1895. This application set out that
Forth had been engaged in the practice
of medicine in this State prior To Jan.
], 1892, and that he had studied two and
one-half years before heginning the
practice OF medicine, having attended
lectures at Bellevue Hospital. ID. Wheaton
OF Pawtucket and DIR. Lane Of the same
city certified that DIR. Forth had been
reputab BILE physician of Pawtucket previ-
Gus to Jan. ], 1892. Dr. Forlh's applica-
tion also stated that he was homeo-
pathic practitioner, and devoted his at
tentior especially TO the treatment OF
diseases of the eye, ear and throat. This
application was deemed insufficient by
the State board and DR.. Forth notified OF
this fact. Iio then applied for permis-
zion 10 take on examination, and though
many dates were set for the holding of
this examination DIR. Forth failed TO APP
ear and no certificate was granted 10
him allowing him TO practice.
Everett A. Cory, police officer, testi-
fled TO going to Doctor forth's Office at
26S Westminster street on Ian. IL, and
having the doctor examine one of his eyes
that was infiamed. The doctor, after ex-
Rmining the eve very carefully, advised
Cory to bathe it with cold water. Ohicer
cory further stated that he heard Detec-
tive Reardcn tell DR.. Forth to put some
thing in writing.
Detective Reardon testified that on Jan.
l,ox N..f q fl,.sr % NJ
26S Westminster street, and told him he
had a very sore eye. The doctor ex-
amiDed II and asked him il the eye ha
ever been Injured, TO which question the
witness had replied thst 20 years ago he
had injured the eye that was now causing
trouble. Tire doctor wrote out prescrip-
tio1 that called for a mixture of salt,
hamamelis and warm water. and for this
the detective paid 81.
The state here rested and Dexter Il.
Potter. who defended Dr. Forth, said
that IL would he shown that his client
rad not practised medicine since the State
hoard failed to give a certificate. nut
hld devoted his talents TO the fitting OF
eye glasses to the eyes of those who had
d fectiye eyes. 1t would be shown that
the sign in front OF the office had been
there for sometime previous 10 the passage
OF the law, regulating the practice of
medicine.
Or. Forth took the witness stand and
testified that since Dec. 15, 1895, he hac
not prscticed medicine In a general way,
bat had devoted all his time AMI tai
ents TO a branch of the healing art
known as refraction, which consists
OF properly adjusting eye glasses 10 the
eyes OF any one who might seek his assist
ance. He also said that he always charged
an Office fee and that the S2 taken from
detective ReardoD was for this purpose
and not in payment for the prescription.
The hamamelis, salt and water prescribed
for the detective were to take the infiam-
mation out OF the latter's eyes which, by
the way. are generally clear enough.
The doctor then told of his studies and
expla ined the presence of the signs in
front of his Office that he had sold his
business to New York party who had re-
Gently graduated from college and who
insisted on the sign being left in position
until he took possession.
The defendant was the only witness In
his own behalf and the Attorney General
called Dr.Swarts in rebuttal, who testified
that refraction consisted of selecting glas-
ses for diseased eyes and that IL was con-
sidered branch of the medical proies-
sion.
In answer to questions by Mr.. Potter
the witness admitted that the board of
health had not yet decided whether TO
compel men who were generally known as
opticians to get out certificates as prac-
titioners.
NTs IOtltT, III Ills ClOSlnE argument TO
the jury, contended that the paper given
detective Reardon was not prescription
but memorandum of certain articles
that would aid that gentlemsn's eyes,
and said that the things recommended
were articles that almost any one might
suggest. He also called attention TO the
fact that the paper was not signed.
Attorney General Dubois claimed the
State had clearly proved the charge set
forth in the Indictment
The jury, after a brief consideration of
the case, brought in verdict of guilty
and sentence was deferred for seven days.
The penalty for the offence is $50 ON
the first conviction.
WOOD FOUND GUILTY.
Henry &. Wood was found guilty by
jury of an assault on Willis 5. Sweet with
pistol. His counsel, j.. &. Pierce,
siated that Wood would waive right to
weeks respite tefore the passing of SEN
tence Mr.. Piecre then made a strong
plea to the court for mercy and Judge
Wilbur sent Wood TO iail for Elk months.
CLAIMS DEFENpASTs WERE NEGLIGENT.
The Perry Express Company OF this
city and Pawtucket was defendant in
case tried before Judge Rogers and n jury
in the common pleas division of the Su-
preme Court this morning. The company
was sued on the z5th OF last September
by William r. Parker and his wife, Abbie
Parker, to recover 5000 damages for I'm
juries received by Mrs. Parker on the
night OF Spet. % by falling through
hole In pair OF steps et her home at 191
Mulberry street I'm Pawtucket.
IL Is claimed that on the night of the
23d of September the agents OF the de-
fendant, VINO had been engaged in NOV
ing family from one OF the tenements
in the same house as the Parkers lived i'm,
drove wagon careesslv against a pair
nfo ofa faps hrnra nfo Of thof,a nd
lected TO tell either Mr.. Parker or his
wife OF their so doing. Some time after
the step vss broken Mrs. Parker stepped
upon Il In going from her house into the
yard and fell through TO the ground, re-
oeiving severe injuries about the neck,
shoulders, arms and other parts Of her
body.
VERDICT CREATED SURPRISE.
wken the Jury came in late yesterday