The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-31
X.SCIENCE ON TRIAL FOR LIFE.
LATHROP AND QCIMBYS IN.
DICTED FOR MANSLACGHTER.
Grand Jury Makes Presentment Against
the Practice OF Healing" by This
Cult In Westchester COunty-Mcdicai
Society VIII Assist In Prosecution.

Jury of Westchester county handed down
indictments to-day in the cases Of John
Carroll Lathrop. the Chris, ian Science
healer" Of New York, who attended little
Esther Quimby who died Of dphtheria. and
John and Georgiana Quimby, the child's
parents. who were held by Coroner Banning
on a charge Of manslaugher in causing
the chid's death by neglect. The in
dictments were for manslaughter in the
second degree, under Section 1893 of the
Penal Code. which says that homicide is
manslaughter in the second degree when
1t L. committed without any design TO effect
death by any act procurement or culpable
negligence of any person which, according
TO the provisions Of this chs9ter, does
not constitute the crime Of murder in the
first or second degree nor manslaughter
In the first degree
The indictments are the first for man
slaughter in any Christian Science healing
case in this State. Heretofore when any
"healers," Christian Science or otherwise,
have been brought to trial in cases where
death ensued after their ministration it
has been either under Section 2ss for I'M
lawfully emitting TO provide for a child
or for the illegal practice of medicine.
Manslaughter in the second degree is pun
ishable by Imprisonment in State prison
for a term not exceeding fifteen years OF
by fine not exceeding 81 900, or both.
The Grand Jury. besides handing in
indictments in the Quimby case. maze
presentment covering the practice of
Christian Science healing in Westchester
county Tho presentment calls attention
e. the "eNil existing in the county Of West
chester, which We deem a source of danger
60 the health of the community The
Grand jury says that II has had its attention
called 10 the treatment of infectious and
contagious diseases by persons who are
not regularly licensed physicians or sur
geons whore the rules of the State Board
of Health have b,e violated ard dafed.
! also says hat IL had given careful con-
siqefation TO the complaint made con-
oelning the death OF n seven year-old
cAlld from malignant diphtheria, the child
b ring treated by a so-called Christian
Science healer from the city of New York.
who made many visits TO the home of the
child and mingled with the inhabitants
of the county. both upon the streets ano
in the public conveyances
This child" the presentment continues,
was allowed to die without any of the
remedies known TO medical science being
used. and medical men called before AIS
have testified that the child could probably
have been saved had proper treatment
been used and proper remedies been APP
piled This so-caled Christian Science
treatment was used at the instance and
request Of the parents of the child, the
father daily attending to his business after
n night spent in the sick room, and this
,hilJ all to
an older sister was i'll with diphtheria until
taken down with the same disease. from
which she died. The attention of the local
Board Of Health was not called TO the case
until few hours preceding the death of the
child"
The Grand Jury concluded it's present.
ment by statingthat il felt that "such flag
rant violations Of the health laws should he
sought out by the local Boards Of Health
throughout the county" and requests that
n copy Of the presentment be sent to the
State Board of Health and all Boards of
Health in the county, ito the end that the
quarantine regulat ions be more strictly
enforced and the danger Of the spreading
of infectious and contagious diseases he
lessened
The Grand Jury handed in this nresent-
mnnt together with batch Of indictments.
including those found in the Qumby case.
~ 1890 O'Clock to-day. and the members
were then dismissed for the term by Judge
Garretson who thanked them for their
labor~.
Under the law the indictments found
by the Grand Jury cannot be made public
until bench warrants have been issued
and the persons named therein apprehended
This was not done to-day and consequently
great secrecy was maintained regarding
the findings Of the Grand jury sNeit her
the Dist riot Attorney nor any Of the aut hori-
Ties having 10 do with he case would saw
what tho result had been. but it was not
long in leaking out. In all probability
Lathrop and the Quimbys rearrested
They will then have 10 appear before the
Dist riot Attorney and the present bail
81 500, OF l.athrop aud Quimby will be sub
stantially increased II was said, however,
that possibly he issuance of bench warrants
might be- waived, owing TO the fact that
the accused persons. with the exception of
Mrs. Quimbv, are already out on bail
Mrs. Quimby has been only technically
under arrest and has not given bail, as she
has been sick with diphtheria She and
her other children have now recovered
Assistant District Attorney Weeks. who
has charge of the case, said to-day that
in the event of the Grand Jury finding in
brought to trial early in November before
County Judge Pratt, It is optional with
the District Attorney what place it shall
take on the calendar, and Mr.. Weeks said
to-day that should indictments be found
the cases would be among the first to he
tried The authorities realize that it will
be a very important trial and that they will
be combated by the best legal talent that
can be obtained II will bc looked upon
all over the country as a test case as TO he
rights of Christian Scientists. Mrs Eddy
herself * reported 10 have said that she
would b. willing to come here for the trial
il she were wanted. According TO the
Christian Scientists themselves only in one
other case has a conviction for inanslaughter
ever been scored against them and that
was IN Nevada, where they afterwards
beat II in the higher courts The case was
that of an adult
II was learned TO-DAY that what in
fuenccd the Grand Jury more than any
thing else to take the action It did was
the exhibit of the bacteria taken from the
dead chid's throat by DR.. Newell, the
bacteriologist, and his testimony that
these bacteria, which he had in two test
tubes, had the power TO destroy an entire
community. Tho only other witnes SEES
were DR.. Birch. the Health Officer. Dr. Wise
Of Mount Vernon. who performed the
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