The Pacific commercial advertiser., 1900-12-19
NOBL|TT IS
IN SUSPENSE
H S Case on Trial Before
The Circuit Court.
A DECISION ON FRIDAY
Doctor Who Was Banned for Quack- :
cry Being Tried for
Offense.

VUctIScs
DIR. Noblitt, who has several times
both the District and Circuit Courts,
was before the First Judge of the Cir
cult Court yesterday, accused of prac
ficing medicine without the formality
of license from the Treasurer of the
Territory. Not only has DR.. Noblitt not
| a license at the present time, but the
one which was furnished him by MIN
ister Of the Interior King in 1898 has
been revoked for more than a year
past This was done upon the written
Recommendation of the Board Of Health
after hearing testimony as to the doc
tors alleged unprofessional conduct in
associating himself with professed
quack and seller of patent medicines.
The case was heard during the after
noon, the only witnesses on the stand
being Charles Wilcox, secretary of the
Board of Health. and George Cummings
Ross, a clerk in the office of the Super
intendent of Public Works. Both wit
nesses produced letter copy books, rec
cTuS VI St0co va AiCN'Sc DCSi>''
and other data, required by MIR. Cath
cart. deputy attorney general, who con-
Quoted the prosecution. G. c. Biting
appeared for Dr. Noblitt. and the la
ter was in court.
| Upon the request of Mr.. Cathcart.
the defendant was arraigned by the
Judge on the ground of unprofessional
conduct The indictment against him
was to the effect that he had practiced
without a license contrary to the stat
utes Of the Territory and in direct vio-
lation of the recommendations and
| findings of the Board Of Health. To
! this indictment the defendant pleaded
not guilty.
| The defendants attorney moved for
the discharge of his client, and after
delivering a lengthy argument in sup
port of his request, the Judge sharply
asked him If he had filed his motion III
writing. The attorney replied that he
] had not. whereupon His Honor stated
/ that he would not hear the case further
until the motion had been reduced to
writing. The attorney said he had new
er known in his practicing career that
such motion had to be made and filed
! in writing.
| There was strained silence. for a
/ few moments while Attorney Biting
worked a pen across the surface Of
piece of yellow paper, legal size.
At length Mr.. Biting arose. yellow
paper in hand and opened HIS mouth
to state that he had his motion tn writ
ing. when the Judge interrupted him.
| rs that your notion
! Yes. SIR -
You have not written Z on the prop
er paper"
why, It is written on legal paper
and In the proper form. Your Honor"
| was the surprised rejoinder. 1a
mo. sir; that is merely common. or
binary, yellow, scratch paper. and Will
not be admitted as a paper for hle.
| Mr.. Biting sat down. There was
nothing else for him to do. He threw
up his hands in despair. and calmly
awaited the procedure Of the case. tear
ing into tiny pieces the much-talked-of
but doomed motion.
| Mr.. Biting in opening his argument
said that DR.. Noblitt had been obliged
| by the exigencies of the matter to deny
a conclusion of law rather than q state
| ment of facts. He said the language
| of the Penal Code relating to medicinal
practice prohibited one from practicing
medicine without first having obtained
a license and another section prescrib-
ed the punishment for violation there
| Of, but he said there was nothing con-
| tanned in the Penal Code which pre-
vented a physician from practicing aft
| er his license was revoked, nor was
| there any punishment prescribed for a
physician practicing after his license
had been revoked!
| After Charles Wilcox was put upon
the stand Biting again moved that his
client be discharged. He quoted the
! McNulty case of 1888 in California.
which seems to have been in line with
the case of Dr. Noblitt, in which the
Californit Supreme Court had decided
in favor of the defendant Mr.. Cath
cart admitted that the decision was an
authority much in the favor Of Dr.
| Noblitt but said that the opinions of
the Justices could be pulled to pieces.
he SAID that the remarkable perSonaii-
ty Of Hall McAllister, a well-known
member of the California bar, and the
attorney for the defendant McNulty
had dominated not only jurors and
Judges but even invaded the bench of
the Supreme Court, and he had no
doubt that the decision in favor of Nc
Nulty was due to this fact
I Hall McAllister died about seven
years before the arguments took place
IN that case, did he not, Mr.. Cathcart?" 2"
dryly inquired His Honor.
Wen. no; not If he argued before
the Court in 1882" smilingly replied the
| Deputy Attorney General.
Stenographer Jones thought he died
In 1889. but there was too much doubt
! expressed to make the point clear as to
When the California jurist left Mother
Earth, and the case was continued
WIIhout waiting to ascertain this fact
Wilcox's testimony was mostly con-
hned to exhibits which were introduced
showing when the Board of Health
first took action against Noblitt. his
nearing before the members. and their
recommendation to the Minister of In
terror. George Ross had the book Of
STUDS showing when the doctors H.
cense was revoked. Biting said the
Board had no right to cause such ac-
ton, that it was arbitrary. captious,
vicious and revengeful." The Court
SAID that under the law 1t could not re-
view the proceedings Of the Board of
Health. Deputy Sheriff Chillingworth
told or certain conversations which he
mad had with defendant.
blttlng then asked for Noblitt's dis
charge, stating that no offense had
peen proven against his client, and that
Ir. Noblitts competency as a physi-
cian had not been attacked nor his NOR
al attributes
re gave his opinion of the "medic,-
cold