Arizona republican., 1904-04-06
LAW AND MEDICINE
Motion for a New Trial in
 tine Price Case
A Number of Physicians Testify to the Danger of Bringing the Defend- ant Into Court.

the dlSlflct court to works on medi; cine; ESsculapius usurped the seat of Blackstone. The courtroom was flooded with information on the sub ject of locomotor ataxia.
 At the morning session the case of the United States against Hugh H. Price. former surveyor general, was called. This was one of the. cases in which Mir. Price had been indicted at the last term of the United States court and in which a continuance had been granted to the present term. Walter Bennett, attorney for the defendant, moved fer continuance for the term, stating that the physical condition of Mr. Price was such that he could not appear in court without serious risk. It was stated that Mir Price was suf- fering from locomotor ataxia and that he had been confined to his home since last Saturday night.
 The motion was opposed by United States Attorney Nave who had inform cd himself on the subject of Iocomoto- ataxia Be understood that the disease while very serious one, was seldom fatal and that it did not cloud the mental faculties He believed that the defendant should be brought into court and made as comfortable as possible. He added that men had been tried on criminal charges while lying on cots.
 The matter of subjecting the de- fendant to a medical examination was brought up. MT. Nave suggested that the examination be conducted by a physician not a resident of Phoenix, no doubt fearing that the sympathies of a local physician would obscure his pro- fessional Judgment. Judge Kent, how ever, or his own motion, appointed D!. William Duffield to conduct the exam ination ana the motion went over to 2 o'clock. In the meantime several oth- CT physicians had been summoned to give general expert testimony on the subject of the disease with which MT. Price is afflicted.
 The first witness was Dr. J. w Foss. He knew something of the case of MT. Price and from what he knew he did not believe that he could be safely brought into court. Replying to a ques- ton by the United States attorney, he said it was true that the disease was seldom fatal, but that death was us- ually the result of complications to which one suffering from locomotor ataxia was peculiarly susceptible. The resistive powers of the patient de- creased with the progress of the dis ease. The doctor said that in the case of Mir. Price the disease had reached an advanced stage and naturally the progress now would be less marked than at an earlier stage. This information was brought out by the attorney for the government, who had before him Osler and Andrews on the practice of medicine. But the doc tor concluded that the defendant ought not 10 be subjected to the strain of trial.
 The next witness was Dr. R. w. Craig. His testimony was very much the same as that of Dr. Foss. He had known of the case of MT. Price for a long time. There was a lack of CO., ordination of the muscles and the eye was affected. The witness had not made an ophthalmoscopic examination but he believed that there was an- a.torphy of the eye. This was brought out by the goverpment attorneys ques- tions, the object seeming to be to show that the condition of the defendant was so bad that in no circumstance could it be made verse. Dr. Craig also said that the patient should not be brought into court. While it was not likely that the excitation consequent upon submitting him to the ordeal of a trial would prove fatal, the effect upon the already weakened nerves would neces- sarily be bad and might produce par alysis.
 Dr. w. H. Battin testified next. His testimony WIS very little different from that of the preceding witnesses. He, too, believed that the defendant could not be brought into court with safety. MT. Nave reminded him that the books said that the disease was seldom fatal Then" said the attor- ney, ''the strain to which the defendant would be submitted would not culmin- ate in hts death, would it ?" "It prob ably would not" was the reply, 'but it might culminate in his being sent to the insane asylum. I had a patient | suffering from this disease and he is now an inmate of the asylum"
 Dr. Duffield testified next. He said | that according to the order of the court he had gone to the residence of MT. Price. H, took with him pr. An cil Martin to make. if necessary, an eX- animation of the eye. Dr. Duffield | said that he had found MT. Price in | very bad condition. He was excitable | and irritable. His mental powers | were greatly impaired and his memory | was especially defected. The doctor | said that it would not only be unsafe to bring the defendant into court but l, that in his mental condition any testi- mony he would offer would be wholly | unreliable. Tn reply to a question by the government attorney, Dr. Du cid said that notwithstanding the testi- mony of the books that the disease is seldom fatal, the reports of the boards of health of the large cities show that a considerable number of deaths are described as having been caused by locomotor ataXia- The testimony of Dr. Martin was corroboration of that of Dr. Dufield. All the physicians agreed that the books produced by MT. Nave were standard authorities, and that though locomotor ataxia is seldom if ever followed directly by death, there wal; nothing in the disease calculated to pTolong life.
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