Daily capital journal. (Salem, Or.) 1896-1899, 1898-04-29

OF illegally Pr.esaaE Nsas-lae-c.se
WI q. A77ezlsa.

o. illegally PrzcrG1g Ne6i-l1e-Csse
WI 3. APpezlss-
I Dr.. J. T. Cook a. 10 a X todsy vss
given . trial before Justice Johusou
On the charge Of przctici1x medicine
Sithout license. Deputy Prescott
ing Attorney J. II. NcNsry appeared
f0r the ss2te, the defendaot hsviuE
retained A. q. Coodi. and D. c. Shsr-
=s=s - sosssszel-
Pri0r 70 the opsoinz q the esss-
Messrs- Coodit & Sherman 6le1 3
demurrer 70 the complaint, all=EinE
that il did Dot STATE facts Sufficient
70 Constitute q cause q action TIE
demurrer vas oTeTrule5 aud counsel
for defendant entered 3 plea o. .'uIt
guilty vbereupon the introd0ctioo
o. testimony began.
Dr.. Miller. OF Portland. secretary q
the state medical bozrd. vas the first
~ii0ess called and testified that the
defendant had never secured 3 us5i-
cal linoeo-s frUm the hoard. He de-
6oe1 the term .'p-sscribe" zs the Civ
inE q advice OF direcIions.
J. J. Webb. the prosecuting Eituess.
was called and stated that he called
OF the defendant % April ? Toe
witoess stated that the defendant
claimed 70 know what vas the matter
with him without subjectiDg him 70
Al eT2uiDztlOn. He received q quart
bottle q uedicins for which he paid
6 and which he took according 10 d.
rsctio1s. the defendant claiming that
the medicine would effect = cure.
In the crussexzuinati0n the Wit
ness testified that the medicine failed
% 10 him any good, and for that rez-
s1o be caused his arrest Of the de-
fsL5zut- Also heard that the defend
ant plssessed 10 license.
Dr.. VI. a BYRD was called. and
de1oed the term -perscrioe" a. giving
advice O. directions or dealing out
3s1ieioe from case or write Irescrip-
tjoo, accompanied with . recommend
ztion that the medicine would cure
The disease for which il was pre-
scribed.
County Clerk L..V. Ehlen testified
that defendant had lied 10 medical
certificate in his Office Mr.. Soollsrd
vas called and state attempted 70 in
IrOduoe testimony relative 70 his bus
iness transactions with the defendant
il Nov. 1897 during tie sickness Of
his iSoollsrd'sl daughter but the OBJ
iectiOn of the defendants cOsnsel
% such testimony was sustained.
At this point the state rested its
case and counsel for the defendant
moved that the case be dismissed and
that the defendant be discharged, on
the grounds that the evidence was not
sufficient 10 warrant a conviction as
the law is construed. Counsel con- /
tended that the testimony introduced .
did not sustain nor prove the allega-
tiOns 10 the complaint. Counsel also
claimed that the testimony conclu-
siYely showed that the complaining
witness had simply received guam
tity Of medicine, for which he paid 60,
and that no charge whatever was
made for prescribing. 1t was OF
these grounds defendants counsel
moved for a dismissal of the case.
The motion was oyerruled and the
defense INTRODUCED no testimony
whatever, no closing arguments being
made by esther side.
Justice JOhbsOn took the matter
under adyisement until D. N. when
be declared the defendant guilty and
imposed a fine Of 800 On him.
Messrs. Condit and Sherman this
afternoon filed an appeal 10 the cir
cult court. Sentence was suspended
until an appeal had been perfected the
being released on $50
bonds.