The times., 1897-07-29

the case by Mrs Quick, now deceased.
Mr.. Blair, the attorney for the de-
fendant i'll his cross-eXa:nination, asked:
Doctor, had you not pronounced the case
hopeless
No. answered Dr. Hazen What 1
did say was that the case was an extreme
one"
"pid you object to antitoxin?"
y did,
The fatl,eI of the owen chile was next
examined.
He said that DR. Hazen had attended
the cliild. and when asked by Prosecuting
Attorney Baker who had attended the
child when it died, replied
-Soaio woman; / forget the name"
WAS Mrs. SessfoId there when the child
died?''
.she was"
did you send for her?"
Il did not send for either of them, and
iii not know they were in the house at the
time"
ON cross-cxamination, Mr.. Blair asked
the witness who else was there?
My daughter, Mamie
"Did Mrs. SessfoId do anything more for
your child tl.an for your daughter"
40. SIR
Then your daughter helped?"
Yes"
did you think DR.. Eazen had failed?'
lit looked that way to me-
DR. Walsh next testified that he was at
the ilouse, and there saw Mrs. scssford
lie said be was only there for five minutes,
and then Left.
lie further stated that Mrs. Scssford told
him she was "a Christian scientist.
MI Blair - Did she claim 10 be a Coctor?
! Mr.. Baker / objecr.
The court oyerruled the objection and
the witness answered. that she had told
him she was not what he would call n
doctor; she was a Christian scientist.
| Dr. Walsh explained that he vas san
! itary officer and it was his duty to call
ON such cases. and that he told Mrs. Sess-
fond if the worst came to the worst the
coroner would have 10 be called in.
Dr. Frank 3. Chamberlin was called and
stated that he went to the Owens house
and stopped in front to meet DR.. HaZer,
| but DIR. Hazen did not coIne out and he
| did not enter the house. He met Mr.
| owen outside. but could not well under
! stand hin.. as his talk was so disconnected.
Mr. Blair You know nothing of the treat
ment7
Nj. Chamberlin
Mr.. Baker here submitted the case Of
the Government.
II shall make motion To DISMISS" said
| Mr. Blai, 1T is not known that the dc
| fendaat haspracticed medicine. Mrs. Quick
| = dead. and that prevents her testify ying.
| Mrs. Thomas, WHO'S said to have been pres
| ent, is not here, and there is no medical
| treatment whatever shown" Mr. Blair
| further said that no fee had been paid or
| claimed and that there was no evidence 10
| show That his client had done anything In
the nature OF practice of medicine. He
| then called attention to section 13 OF The
law under which the case was made. but
also read froru section IL, which said.
"This act stall not apply To any
oase of treatment in actual emergency
Enr 10 the use of domestic remedies
without fee or remuneration of any kind "
'.If,' said MI Blair, ."there was any
treatment at all. which is not shown. it
! was certainly a case of actual emergency
as these two physicians We're about TO
perform an operation, which is only used
as n last resort. There is no testimony
that any remedies were given, and If
they wele given, that they were net
merely domestic. Therefore, ] say the
defen ndant is entitled to dismissal. 1 will
go further and sag that If this act makes
the defen aant amenable to the law. then
a priest or clergyman called to a bedside
of the dying can be bounded out and
| brought here before this court"
Mt Baker, for the Government. summed
his case and answered the argument OF
the counsel for defendant He said the
Testimony showed that Mrs SesSford told
one of the doctors tnat she was in charge
of the case and that the doctors had been
discharged
my friend said no medicine was given
No, the physicians were not allowed to
come, and / want to say that person
can Gle for want of medicine as well as
from administering it. Diphtheria is not
an emergency as meant by the law and
that is too plain TO be argued
| Authorities Ia Show what constituted
practice of medicine We're quoted by both
sides at great length.
This case.' said Judge Mills, '.is one
Of great importance. This act is made to
Cover all the people who practice the art
II healing. A man would be amenable to
the law who cl aims TO treat by laying on
hands. Certainly the mere presence of a
nurse would not show that she was In full
charge. have some question in my mimi
whether tlis is made out. for this reason.
II is not shown that she prayed or that she
administered any medicine. think thecass
is of too much Importance to let 60 There
fore the demurrer is oyerruled
~ viii continue the case to Friday at 1
O'Clock, ard give the defendant an op-
portunity to contrayert the testimony that
she was in full charge of the case"
Mr.. Blair noted an exception and gave
notice of intention to appeal the over
ruling of his demurrer
During the hearing Of the case Mrs. Sess-
ford, who is a s.rildnely handsome woman,
sat with her husband, beside her attorne Y,
and quietly and calmly listened to the tes-
! timony. Many Christian scientists accom-
panied her TO the court and were inter.
ested spectators.