The Providence news. (Providence [R.I.]) 1891-1906, 1896-06-26
THE PROFESSOR WON.
Verdict of Not Guilty Ordered On
Motion of Counsel.
Hypnotism Does Not Involve Practice Of
Medicine or Surgery.

Professor Boris Cajano, who was in
dicted for Illegally practicing medicine
and surgery was today tried for the
offence and acquitted. His council was
John =. Beagan and this was the first
criminal case Mr.. Beagan has tried in the
common pleas division OF the Supreme
Court, having been very recently admit
ted to the bar.
The case was one o; unusual interest.
for the defendant was accused of having
practiced hypnotism for the cure of dis
eases and some interesting testimony was
given by police officers OF this city as to
the details Of Professor Cajano's art.
These details were OF an amusing nature
and In every instance but one the alleged
sick people paid one dollar for. treatment
at the professors hands. DIR. Gardner
Il. Swarts was the first witness called by
the State. And he was followed by Pa
trolmen Nettleton, Curley and Eall and
Detective Parker.
When the States case was all in, Mr..
Began asked the court to quash the In
dictmcnt, as there was variance be.
tween 1t and the proof submitted by the
State. He cited decision of the Su-
preme Court OF Maine, and one by Judge
Daniels of New York In case similar to
the one under consideration in support of
his request.
Judge wilbur, after reading the Maine
decision held 1t not In point with the
present one. The New York case His
Honor considered very carefully and then
asked the Assistant Attorney General
what he had to say. lie replied that the
statute In this State was broad enough to
support the indictment. His honor then
directed the jury TO be taken from the
room and then he read the decision OF
Judge Daniels In the New York case,
which was one where q party sued to re-
cover for massage treatment and the
court held such treatment was neither q
practice of medicine or surgery within
the provisions of a statute similar to ours.
Judge Wilbur asked the Attorney Gen.
eral who had come into the case to sug-
gest some authorities that might enable
the court to give decision
against the defendant, 80 the case could
go TO the Appellate Court. The States
law officer could not do SO. and admitted
there was no case against the defendant,
but said the State board of health was
very anxious to get decision on many
points in the law. His honor did not see
how in justice TO the defendant he could
do anything to help the encouragement
get his decision, so he said he would
grant MIR. Began's motion. Tho latter
then asked for verdict of not guilty and
the jury gave such verdict by the
direction of tina court, and Cajano was
discharged.
OTHER CRIMINAL CASES.
Alfred Dorsey, who was indicted with
"Happy Jack" Mcnamara for stealing a
bicycle, pleaded not guilty and bail was
required in the sum of $1,000.
Harry Mar chel pleaded nolo contedere
10 an inindictraent charging him with
maintaining a common nuisance and SEN
tence as ddeferred. John r. Cosgrove of
Central Faifs and James Maguire entered
the same plea and their cases were dis
posed of in the same manner.
Thomas McGrath, Michael Hackett and
John Noohan, indicted for breaking
and enteringtne shop of Daniels Sullivan
pleaded not guilty and their bail was
fixed at $500 each.
MASTERS REPORT CONFIRMED.
A decree was entered in the appellate
court this morning confirming the re-
port OF Master in Chauncery John &. Pc
gram on the account of receiver Thomas
Z. Greene of the franklin Institutions
for Savings and directing that all funds
in the receivers hands be deposited with
the state treasurer by July I.