The sun., 1903-10-15
DOWEHAS DROPPED A MARTYR
so PIERSON, EX-FAITH HEALER,
MUST PAY HIS FINE.

Court Of Appeals DecisiOn % 70 Sniiu
Neglect Not Likely to Re Carried to
Federal Jurisdiction for Lack Of
Funds-Its Erect on Christian Science.
J. Luther Pierson Of White Plains. whose
guilt In neglecting his sixteen-year-
adopted daughter by not calling physi-
clan when she was seriously Ill. was a.
firmed by the Court Of Appeals in deci-
sion made public yesterday, Ii no longer,
a. he has been for several years, follower
of General Overseer John Alexander Dowie
of the Christian Catholic Church.
Mr.. Persons change OF faith occurred
recently-to be more exact. soon after
his case came before the Appellate Divi-
sion. Dowie, about that time. was setting
himself up on Chicago made throne ~
Elijah IL. Pierson told him that he couldn't
swallow that pill-which, as 1t turned out,
was unfortunate for Pierson. Chicago's
divine healer had been putting up the
cash with which Piersons suit was being
fought When he learned that Pierson
had renounced him as the Prophet Elijah
H., he shut of the cash. and the doubling
White Plains disciple had to dig down
into his own sock for the money with which
TO carry the suit to its conclusion in the
Appellate court. In all probability he viii
now have to dig down again for $500, the
amount of his fine, for Il was announced
Yesterday by his counsel, Robert Z. Farley,
that it is very doubtful II any effort Will
be made to carry the case into the Federal
courts.
There are, Mr. Farley said, constitu-
tional questions involved which could per-
81 t<>t hx, Eafln
he had not received word from Pierson
that he desired to contest the case further
Mr.. Farley refused to discuss the decision
of the Court of Appeals or the general effect
which it would have on the practice OF
Christian Science methods. further than to
say that the Court had made It very clear
that it considered a person guilty OF mis-
medical aid under circumstances in which
any ordinarily prudent person would con-
slider such attendance necessary.
As to the effect which the decision will
have on the case Of the Quimby family.
several members Of which were allowed to
die without medical attendance. and on
that Of John Lathrop, who was indicted at
the same time as the Quimbys, Samuel N.
Gardenhire. OF counsel for the defendants,
said that itwould not be serious. he said
he believed it would not cripple the Christian
Science cause one whit. On the contrary,
he thought that out OF the legal contests
which may grow as an indirect result from
the present decision. a sound legal status
would be established for the sect. He
asserted that the Court OF Appeals, in its
right~the father or the guardians right to
judge for himself the needs Of his charge.
Mr.. Gardenhire said that II the Christian
Scientists continue to increase in numbers
as fast in the next few years as they have
in recent years, they will be in control Of
both political parties, and will then create
by their very strength legal status for
tho demurrer which he had made to the
indictments in the cases Of the Quimbys and
Lathrop is not sustained, now that an
adverse decision has been handed down
against Pierson, he will try the cases be-
fore a jury, and will, II necessary, carry
them to the United States Supreme Court.