The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-16
IT WILL co TO TRIAL
The First Round in the Case
Against DIR. Hanson.
IT WAS HOTLY CONTESTED
The Case VIII Hinge Entirely Upon Ex
pert Testimony The Defense
Will Ask That McCants
Be Present.

/ health office in the alleged case or
smallpox, which trial was begun before
Police Judge Sullivan yesterday after
noon. DR.. Hanson was represented by
! Attorney George Haldorn and Judge
| w. M. Bickford, who filed a demurrer
/ to the complaint and made a hard
fight to have it sustained, but the de-
murrer was successfully combatted by
Attorney E, M. Lamb, the city prose
cutor, and the case will so to trial on
the original complaint.
| The case attracted a great deal of at
| tention, and judging wholly from APP
| pearances the court room might have
| been taken either for law or medical
| school from the number of attorneys
| and medical men who assembled to lis
| ten to the proceedings. Among the
| persons who We're present to testify for
| the city We're Dir. Alexander, the city
physician, and Drs. Johnston, MacNev-
| in, Hammond. Turner and Sheeran, the
county health officer. DR.. McCrmmon
was also subpenaed but was necessar-
| lily absent The doctors did not give
! their testimony, as the entire afternoon
| was consumed in hearing the argument
on the demurrer and the trial had 10
| go over to this afternoon These ply
| sicians will. however, testify that Nc
| Giants, the man over whom the case
| arose. is afflicted with smallpox, and
| the case will hinge entirely on expert
testimony, as yesterdays proceedings
revealed the fact that the defense will
be an effort to show that McCants has
not now and never has had the small
poN, and DR.. Hanson is understood to
| have an army of medical experts, who
will give testimony directly opposite to
that of the physicians who have been
| summoned for the city.
When the defense is reached in the
| progress of the trial. an interesting
point may be expected to be raised. as
counsel for DR.. Hanson have asked to
have McCants subpenaed and it is UNI
derstood will insist on having him
brought into court.
When Dr. Hanson's case was called
Judge Bickford filed a demurrer to the
complaint on the ground that
complaint did not state facts sufficient
to constitute a public offense and that
the complaint was not in compliance
with the section of the ordinance un-
der which it was drawn. In support of
the demurrer, Judge Bickford said that
in the first place the complaint was de-
fective in that it was necessary It
should charge that the defendant
knowingly failed to report the case Of
smallpoX he was charged with falling
to report; with reference to the second
Judge Bickford pointed out that the
complaint charged that DR.. Hanson
failed to report the case to the board
of health or city physician whereas the
section of the ordinance said the case
should be reported to either the board
of health or sanitary inspector. Judge
Bickford said further that a physi
clans diagnosis of case depended ON
his Judgment and that it did not follow
that because his judgment was in error
he was guilty of a crime.
Attorney Haldorn followed, calling at
tention to the section of the ordinance
under which the action was brought,
which provides, as he pointed out, that
the contagious disease must be report
ed by the attending physician as soon
as it is known to him to be a conta-
gious disease. He held that the com
plant was faulty for the reason that
it did not charge that DR.. Hanson fail
ed to report the case in question.
knowing it to have been a contagious
disease Attorney Haldorn then cited
authorities to support his position,
after which City Attorney Lamb arose
and pointed out that the complaint
charged that DR.. Hanson violated the
ordinance, "wilfully and Intentionally"
which carried with it a knowledge of
the character of the disease. He held
that the complaint was amply suffi-
cient to acquaint the defendant with
what he was charged, and put him on
his defense. Attorney Haldorn replied
and the court then overruled the de-
murrer.
Judge Bickford asked at this time for
a continuance, stating that counsel for
the defense had relied on the demurrer
being sustained, and had not prepared
to go to trial. He made the point,
which caused a smile to go around. that
McCantS was a material witness for the
defense and that at this time there
would probably be some objection to
his coming into the court room.
Mr.. Lamb objected to an adjourn
ment to such time as would enable
McCants to come to court, as he did
not regard McCants as a material wit
ness
Judge Sullivan inquired of Judge
Bickford when he thought McCants
could come into court, and he replied
that he apprehended that he could
come into court at this time, for the
reason that the defense maintained
that he is not afflicted with smallpox,
but the question existed as to the ma
ture of McCants' complaint, and he did
not suppose the prosecution would agree
to his coming into court at this time
Mr.. Lamb said that if protracted
continuance were granted the pur-
pose of the trial would fall to the
ground. The quarantine period, he
said, was 16 days in cases of uuaran-
tine of house in which smallpox had
developed, and from which the patient
had been removed, and in case such
as this, which must await the recov-
cry of the patient. the quarantine pc
riod was much longer.
eff we wait till this time has expir-
ed" said he, 1.-The smallpox epidemic
will have had time to run its course
without this question as to whether a
physician must be required to report
a case, has been settled The purpose
of this trial is not to injure DR.. Han
son, but to support the health officer
in his efforts to stamp out the dis
ease, and If we let this case go on and
INSCRIPTIONS physicians are allowed to
ignore the law requiring them to re-
port cases, there is no telling where
the smallpox epidemic will end, /
certainly hope there will be no long
continuance allowed in this case"
The court granted a continuance to
this afternoon at 2:30 to give the de-
Tense time to summon witnesses.
After court adjourned Dr.. Hanson
was arrested on two more charges one