The herald., 1896-12-10

the defendant to be duly qualified ply
sician. During her confinement he not
only treated her wrongly, but came
very near to ending the life Of her new
ly-born babe. For three days he would
not even permit 1t to be washed. and for
seven days 1t lay in a state Of coma.
lowering on the borderland between life
and death.
A long array of bottles containing IL
guilds of various kinds, as we'll as nu-
merous bills submitted by DR." Allen
were put in evidence, and about o'clock
the prosecution rested its case.
Attorney Kinley for the defense then
moved that the jury be instructed to
return a verdict of mot guilty" on the
ground that tn, information did not
claim, as prescribed by the statute, that
the defendant advertised himself as a
physician, or habitually practiced med
icine. Counsel contended that charging
the defendant with a specific act on a
certain day did not bring the case within
the meaning of the statute. The court
denied the motion and then counsel
moved that the jury should be instructed
to acquit on the ground that the law
bearing on the subject was contrary to
the state constitution, ais we'll as the
constitution of the United States, being
a usurpation of power against the in
dividual rights of the citizen.
Deputy District Attorney McComas
said that the question had been ruled
upon twice by the supreme court and the
court denied that motion also.
The defendant then went upon the
witness stand in his own defense, and
testified practically as follows: Il am
30 years of age and was educated in
Colorado and In the east to be pharm-
acist. / have practiced as such and
gave myself out to be such at Calabasas.
1t was generally known that such had
been my business and that l was not
physician 1 practiced pharmacy at
Denver for four years and previous 70
that for seven years in Los Angeles. My
father is physician and have broth
er who is pharmacist here in the city,"
Upon cross-examination witness con-
ceded that he gave" medicine but didn't
prescribe" for patient, and drew very
fine distinction between the two modes.
He also denied making a charge for a
professional call, but conceded charg
ing so much for trip" IN accordance
with the expense to which he was pu..
We'll, but you didn't go to all pa
tients as farmer or blacksmith, did
you?" inquired Mr.. McComas.
Yes. sill" was the answer. that's Just
what did. visited them as farmer"
In explanation of this. witness stated
that he was rancher. He took up a
government claim built a house and was
making nice tidy farm when he was
driven from the place.
Does attending to obstetrical cases
fall within the line of duty of pharma-
cist?" resumed Mr. McComas.
Il think it is the duty of everybody to
attend such cases in emergency" the
witness made answer.
Such cases do come within the duties
Of pharmacist them"
Yes, sir; but not especially"
Then a pharmacist is a physician?"
Here Attorney Kinley interposed, re-
marking that pharmacist is one who
administers remedies. as a rule. more
accurately than the physician. and does
not charge as much for doing it,
The defense sought to prove that the
ordinary pharmacist. when asked for a
remedy over the counter, habitually
gives such medicine as may be proper
for the particular form of disease men,
toned. DR." Allen in doing the same
thing was, it is being contended. sim
ply doing what every pharmacist in a
drug store makes a practice of doing
every day.
The further hearing Of the case will
be continued today