The times., 1897-07-31


side OF the little Owen child when he died
of diphtheria In May last, and who is
charged with practicing medicine without
a license, was again heard in the police
court yesterday. The argument was not
concluded, however and the case was con
tinued to some day next week, which Will
be mutually agreed upon by prose cutfon
and defense.
Mrs. Sessford was accompanied to
court by about twenty people, principally
ladies, and nearly all Christian scientists
The defendant was dressed as on wed
nescay, ia a black skirt, blue silk waist,
with white collar and cuffs, and wore a
dark bite alpine hat OF straw. AS she sat
behind her attorney, MIR. Hair, she looked
through the window in front Of her and
appeared entirely oblfvfous to what was
going Oh about her. Her husband, Mr.. H.
w. Sessford, sat to her left, and just lie.
mind her were Mrs. Linscott, who las been
practieing Christian science for fourteen
wears, and her husband. Capt. Linseott.
One dainty little miss who accompanied
Mrs. Sessford sat ON the witness bench
and seemed intensely amused at her un-
usual surroundings.
case MIR. Blair arose and said:
"Your honor, l have been thinking the
matter over. and have concluded that my
case is now In condition To be submitted
ON q question of fact, but viii have some
thing to gay later on the question of law
I'VE have cur case" said Prosecuting
Attorney Baker.
"As | remember said Judge Mills, Il
ont
case as not very strong one, but that
Dr. Walsh had testified that Mrs. Sessford
had claimed to be In fun charge, and an
opportunity would be given the defense TO
controyert that testimony"
MT Blair then accepted the Government
case as it stood, and indicated bis readiness
to argue the question of conviction or
acquittal
81 don't want 10 say anything" re-
marked Mr.. Baker.
Mr Blair contended that ir the Govern
nlent waived its opening address, it waived
it's right 10 close, and Judge Mills agreed
that such was the rule.
Then said Mr.. Ba ker, II win say a
few words He submitted THAT theeiovern-
meIit had made it's case. That Dr. Walsh's
testimony showed that he had found the
GC-euuAi-t III 4u1 Clidl Sc VI lltc
case, aud she had stated TO him that she
was. The Government had also. he claimed,
established the fact that the doctors called
sad were not permitted TO perform the
operation on the child.
In answer TO Mr. Blairs Contention that
per sons who administered remedies could
not lie held, the prosecuting attorney cited
the case of the people OF California VS..
.tl.Ea 10
iaio down that such would only be a
fact when doctors could not be secured,
which was not so III this case.
Mr.. Baker then quoted many authorities
bearing on the question OF what constitutes
medical practice and laid much stress on
a case OF Nebraska VS.. Boswell, Christian
I hscientist, which was similar TO this case
Your honor can take judicial notice
CT the statement in that case of what a
| Christian scientist is,'' he continued.
"A Christian scientist Is one who lives up
| to the teachings Of Jesus Christ. One that
| cures by prayer aud sout certain parts OF
I the Scriptures which are followed. The
| case CT the cure of leprosy is also cited,
| The question of taking fee has nothing
! to do with the matter. This law covers
| doctors who practice for fee or gratui-
| tously.''
| Mr.. Baker referred to the death OF Mrs
! Quick, Who was in the sick room with Mrs.
| Sessford, as great dra wback and closed
| with resume OF what had been shown and
a claim that the evidence WAS sufficient to
hold the defendant.
'Tf,'' said Mr. Blair for the defense,
! 1.-THE Government has such a good case,
why does my brother want to know what
asked2 1t is the Government charging
nliSdeneanor, and it is the Government
which must show misdeTneanor Sup
pose l call d regular doctor and give him
my case, and he sits by me and does
nothing, has he practiced medicine? The
other side mas only shown that the de-
fendanu said: Il am not what you call
doctor; 7 am Christian scientist
| When the prosecutor asks what occurred
In the room, be must have had reasonable
doubt. This is a criminal charge, where
life or liberty is involved, and facts must
| be shoxn Bey,,nd reasonable doubt. Where
is little Mamie who was III the sick room?
Why don't they bring her here? They
| could have gotten her here as they did
/ Mrs. Quick, seventy years Of age, by
serving notice on her at z O'Clock in the
morning and Killing her"
| Now" continued Mr.. Blair, II base
my plea for acquittal on four facts. First,
that the evidence adduced by the Govern
| mcnG does not make case within the
| provisions Of the statute, second, that the
| practice of Christian Science is religious
not medical, third, the law does not apply
| by its term TO Christian Science, and lastly
because ifit in any circun stance can be ap-
| plicaile 20 this case it becomes unconstitu-
tiondl and votd.'
&r. Blair quCtedfrom au horitiesat great
length to support his position, and in speak
| ing of Christian science, said ..it was a
religion, a. direct intercessio to God that
He cure disease. A Christian scientist is
not a faith curtst. We all Of US believe
that GOD can cure sin, and why then can
he not cure disease, which can be cured
by mani"
Mr.. Blair was still quoting authorities
at O'Clock. when Judge Mills suggested
that tho case go over TO some day next
week, which was agreed to.
II must look up these authorities" he
confined, ''to do justice to both SIDES and
/ would like to see the stenographie report
of the case, newspapers sometimes make