The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-21
PRAYER FAILED TOSAVE CHILD
TiTVER PREFFRS PRISON no
WEDI(ILE. ~ 4 EI.NES HIMSELF
says There Nust Have Been something the
Matter with Ills standing Before
Goi-Nct a scientist. but Believes
In Prayer Disease Is of the Dt,ii.

Argument was heard by the Appellate
Division Of the Supreme Court in Brooklyn
YESTERDAY on the appeal from the convic-
ZION Of j. Luther Pierson of Nalhalla. Mount
Pleasant. Wcs' chester county. Pierson was
convicted in The county court Of West chest er
N March 1891, Of "A misdemeanor n having
fail q to .rnisi medical aid 70 his adopted
infant ohid, who SUI seuuentlv died from.
catarrhal pneumonia The infant wa
sixteen AMI q lalf months old. Pierson
was sentenced to pay a fine Of $500 or stand
committed until the fine was paid. He
appealed FROM ,hc conviction and the appeal
acts a. a stay Of execution OF Judgment
until III" higher court d"cid, the matter.
koIert /. Farley appeared as counsel
for Pierson. He held that the Legislature
did not have power to enact a law COM
pc ling medical aid, and that the law was,
therefore, unconstitutional He said that
medicine was not an exact science. He
also contendcd that there was no law that
could compel the recognition of one system
"a superior 20 another, and that many
physicians Lad ss,id that medicine was
not a science. He argued that his client
believed in the efficacy Of prayer aud that
his conviction was illegal
District Attorney j. Addison Young
of Nestche:ter county, appeared in oppo-
sition, and contcrded that Persons con-
viCtion WAS proper and legal. and that il
should stand. at Person had violated the
law in lot s"curn proper medical aid for
the infant child wIOse death resulted from
such negligence. Ia support of his argument
D.stiiCt Attorney Young presented the
testimony taken AT the trial before Judge
Smith Lcit At the trial DR.. John A. Shaef-
master. the Coroner IN Westchester county.
testified that he held an inquest III the case
of Persons infant child. and that when
he asked MIR Pierson why he had not Sc
cured medical aid PierSon told him that he
| didn't believe III physicians and that his
religious belief would not permit him to
| employ a physician. DR.. Shaefmaster
| then asked Mr. Pierson If he were a Christ Ia n
| Scientist, and the latter replied that he was
not, but that he belonged To the Christian
catholic Church of Chicago, which healed
by prayer He said ,ha, his creed be-
lieved in disease but not in medicine, and
they also believed that disease could be
cured 10y fat and prayer
DR. ShacimG ster testified that PierSon
told him that the reason his child was not
cured must have been due to the lack of
faith Oh Pier'cI' X part.
PierSO,I' = testimony al the time was also
read In this Pierson testified that the
child had whOoping cough in January, 1901
and that he invite a number of his friends
to Join him in prayer for the chtld's recov-
cry. lie srid that his part ocular creed or
faith WI, that they believed il the infali-
hility of TIA. Instructions of the Holy Script
ur's and th7t they took their belief from
the fifth ctIpter Of james, which said
"and the prayer of faith shall save the sick
and The Lord shall riiso him up"
Il prayed with her" Mr.. Pierson tes-
tilted blu, there must have been some
thing lacking III my own self; something
insufficient III my standing before God
| cannot tell how this would reach the child
| am not God"
IL tho sam" testimony Pier-on said that
he did lot sead for physician and that
all discss" was o' the devil.
81 did not let the child die, he said, 'and
I would rather go to prison than to Use
medicine. Ia that respect | disregardcd
the law and am willing TO take the con-
sequences
Picrscu vas convicted urdcr Section 2ss