The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1903-10-28
Law ON FAITH HEALING
Persons Guilt Affirmed BY the Court
Of Appeals.
ACTION WAS CRIMINAL NEGLECT

Cpholds Conviction OF White Plains Man
Who Failed to Give His Sick Child
Medical Aid-Reader Stetson and the
Ouimby Family, Christian Scientists
Also Indicted, May Now Be Tried.
Albany, y. Y.-A decision was hand
cd down by the Court of Appeals in
the case of People VS.. Pierson, declar-
ing dependence upon faith-healing in
case of sickness to be criminal negli-
gence.
J.. Luther Pierson lives at White
Plains. and early in 1901 was SEN
fenced to $500 fine OF 800 days impris-
onment for criminal neglect in failing
to provide licensed physician to at
tend his sixteen-months' old adopted
daughter in case Of pneumonia.
which afterward proved fatal. The
conviction was secured under the Pc
nal Code. which holds that "a person
who omits without lawful excuse to
perform a duty by law imposed upon
him. to furnish food. clothing. shelter
or medical attendance to minor, is
guilty" etc.
Justice Bartlett, in the prevailing
opinion in the Appellate Division. held
that the medical attendance referred
to in the statute does not mean eXclu-
sively the attendance of medical
practitioner in the general sense OF
the term. The Appellate Division re-
versed the conviction.
In it's opinion. written by Judge
Haight, the Court Of Appeals says: 1t
would seem that the legislative intent
is reasonably clear. although possibly
more precise language could have been
employed. The section Of the code
under which the indictment was found
contemplates that there are persons
upon whom the law casts Il duty of
caring for minors.
We are aware that there are people
who believe that divine power may be
invoked to heal the sick, and that
faith is all that is required. There arc
others who believe that the Creator
has supplied the earth, natures store
house, with everything that man may
including the restoration and preser-
walton of his health, and that he is left
to work out his own salvation under
fixed natural laws.
There are still others who believe
that Christianity and science so hand
in hand, both proceeding from the
Creator; that science IS but the agent
of the Almighty, through which He ac-
cOmplishes results, and that both
science and divine power may be in
voked together to restore diseased and
suffering humanity.
But. sitting as a court Of law for
the purpose Of constituting and deter
mining the meaning Of statutes, we
have nothing to do with variances in
religious belief, and have no power TO
determine which Is correct. We place
no limitations upon the power Of the
mind over the body, the power of faith
to dispel disease, or the power Of the
Supreme Being to heal the sick. We
merely declare the law as given by the
Legislature. We find no error on the
part of the trial court that called for a
reversal"
The Pierson case was regarded as in
n measure test case. Some time af-
ter the PierSon case came up the case
Of tie Quimby family, several mem
hers of which were allowed to die
without medical attendance, was
reached in the same court. With the
Quimbys. who were Christian Scien-
fists, John Lathrop, a reader connect
ed with the First Church Of Christ,
Scientist. was indicted. They may
pop. ha f,iod