The times., 1897-08-10
SESSFORD CASE CONCLUDED
Arguments Of Attorneys on the
Legal Points Inyolyed.
The Question Is Whether Attempted
Healing ny Prayer Can Be Called
! Practice of Medicine.

Arguments in the case of Bertha Sess-
ford, the faith curist charged with prac-
ticing medicine without license, was re-
sumed m the police court at I:30 yesterday
afternoon
Mrs. SeSStord did not appes- in court,
Judge Mills having notified her attorneys
that her presence would not be neces-
sary, and with this permission she has
left the city for six weeks
The discussion yesterday bore princl-
palIy upon what was meant by the prac-
tice OF medicine
Attorney Blair for the defense con
tinupg on his address OF last Friday a
weA, maintained that the District ordI-
nance I-ferely made it a miS1enIeano 10
practIoc medicine and surgery without
certificate or with a forged certificate
The mON e.nent OF the hands and prayers
used in faith cure did not come under
this aCt The ordinance was aimed at
the Use Of medicine or surgical instruments
IN unskilfuI hands, but while faith cure
might not be OF any use TO the patient, il
ncst certainly was not an injury.
Mr. Pair quoted case tried in New
York where suit was brought 10 recover
eiver FOR the plaintiff. The court there
held that where the law sets out by
describing the practice of medicine and
surgery and then placed a penalty upon
such practice without the certificate. The
waving Of hanGs as pracnced by the faith
culists does not fall within the act. In all
has search, the lawyer continued, he had
found no authority at variance with this.
In all cases where adverse opinions were
held il was on the ground that the prae-
titioner had made an examination of the
disease OF the patient and attempted TO
prescribe.
MI. Blair stated his intention to question
the cOnsJlBationality of the act OF Con-
eTcss il they did intend 10 include faith
cure in the practice OF medicine, but Judge
blils advised .nm not TO go into this
point as the court would not decide upon it,.
Tie attorney for the defendant then
went on tC argue that the question before
the court was one of great Importance and
involved the right of dying nan TO cali
q minister Of the Gospel To his bedside.
According TO the evidence, be said, IL was
shown only that the defendant was In the
sick room, and this surely did not constl-
tute a viola ton of the law. The practice
of medicine involves the diagnosis of dis
ease, the prescription OF remedies and ap-
piicatsun OF the same or the use Of surgical
Instruments.
Attorney Baker, who conducted the ca Sc
for the Government, said that there Is
nothing in the act which would require
q person to administer medicine TO bring
him under the provisions OF the law.
Under the law interpreted by the at
torney for the defense an Indian medicine
man could cOne INTO this Jurisslic ton,
hang out his syn and attempt the cure of
disease without violation OF law.
He would epme under the provisions
OF tbe law interrupted Mr.. Blair
We'll, then, so would faith cure" re-
turned sr. Baker. They are both on the
same Level and both conle under the pro
visions Of the law"
Mfr. Baker then quoted the act OF Con-
grcss in regard 10 medical practice, In
which massage and the swedish move
Inents are expressly excluded. He argued
that the Legislators had in mind the
broad meaning OF medicine. AS, other
wise, there would have been no need of
such exclusion.
with regard to tile evidence as to Mrs.
Sessford's practicing medicine, the Gov
ernmeEt lad the defendant own confes-
sion that she was a faith cure practf-
tioner.
At the close OF the arguments, Judge
Mills requested the counsel TO leave their
authorities with him, and said he would
reserve his decision.