Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-21
PHYSICIANS FIN ED
ADJUDGED TO BE IN CONTEMPT
OF COURT.
Excuses Appeared Legitimate, but
Justice Thought They Did
Not Fill Bill.


Washington Asylum, and DIR. Frank p.
Vale, who resigned several days ago
member of the board OF police surgeons OF
the District of Columbia, were each fined
$25 and costs today for contempt of the
Supreme Court of the District of Column
bIa.
Both DR.. Hickling and DR.. Vale were sub
poenaed to appear in court at l o'clock yes
terday afternoon to testify In lunacy cases.
They failed to report. 1t was explained
that the subpoena had been served on DR..
Vale personally and that copy of the
subpoena had been delivered al the resi-
dence of DIR. Hickiing. On that showing.
as stated in The Star yesterday, 1t ol-
rected that DR.. Vale be arrested and pro-
duced in court at 10 O'Clock this morning,
and that DR.. Hickling, at the same time,
show cause why he should not be adjudged
to be guilty of contempt of court Because
of the absence of the physicians named 1t
proved necessary to excuse the jury and
postpone the hearing of the lunacy cases In
which they were cited TO appear as wit
neSSeS.
The court room was crowded to the walls
this morning when the matter was reached.
The case of DR. Hicklng called first.
Responding to the rule to show cause he
produced letter from Mr.. II. b. f. Mac
farland president of the board of Commits
sioners of the District of Columbia, setting
forth, among other things, that at the time
he was subpoenaed to appear in court DR..
HickGng was conducting an investigation
of a confidential nature in connection with
the Washington Asylum, and III doing
was acting under the orders of Commits
sloner mcfarland. 1t was added that the
physician had reached the city hall at 1:35
O'Clock. and then learned that the lunacy
hearings had been adjourned.
The court held that the failure of DR..
Hickling to appear at 1 clock yesterday
afternoon constituted wlllful disobedience
of the courts process, and a fine of SO was
imposed
DR.. Wales Explanation.
Dr. Vale made lengthy explanation of
his failure to appear. He recited that yester-
day he was performing operation at Gar
field Hospital that, it proved, required much
longer time than he had anticipated. He
was completely absorbed In his surgical
work and lost all idea of the passage of
time. Furthermore the operation was of
such a nature that once having been start
ed ii had to be completed, as the patients
life hung in the balance. AS soon as he had
finished the operation DR.. Vale said he dis
covered, 10 his great surprise that the time
was 1:45 o'clock. He then FASTENED to
telephone and tried to communicate with
the court. Later in the afternoon he visited
the city hall.
Dr. Vale was asked if he had not teie-
phoned his father, who is a lawyer, TO learn
if it was necessary for him to obey the
subpoena. He stated that the inquiry he
made of his father in relation to the
fees paid witnesses in lunacy cases, and
had no relation TO an evasion OF the sub
poena.
Next Dr. Vale was asked If he had not
said to Deputy Marshal Bond, who served
the subpoena on him, that he had resigned
his appointment police surgeon and
therefore was not compelled to obey sub
poenas in lunacy cases. The remark he
made along those lines, the court was in
formed by DR.. Vale, was merely good
natured jest.
Attention was also directed to the fact
that in April. 1903, DR. Vale had failed TO
obey a subpoena In lunacy case, was
taken before Justice Gould on an attach
ment and required by the court to pay the
costs of issuing the attachment. On that
occasion, DR.. Vale declared, he had honest
ly forgotten that he had been cited 10 ap-
pear in court.
Substantiating Testimony.
Harry Vale, brother of the man operated
on by DIR. Vale yesterday, was called as
witness He substantiated DIR. Wales tes-
timony regarding the time consumed by the
operation and the doctors attempt TO COM
municate with the court by telephone. DR..
Wales father, ]. M Vale, bore out his sons
statement as to the conversation they had
by telephone in relation TO obeying the sub
poena and the Zee.
Attorney John NJ. George of the corpora
ton counseIs office, who is in charge of the
conduct of the lunacy proceedings, told that
DR.. Vale had been taken before Justice
Gould on an attachment, in April, 1908. Re
plying to a question asked by Attorney X
H McNell, representing DR.. Vale, Attor-
re- George admitted that during the past
eighteen months DR.. Vale had invariably
and faithfully obeyed subpoenas in lunacy
cases.
Deputy United States Marshal Bond tesu-
fed that when he served the subpoena on
DIR. Vale several days ago the doctor re-
marked that he had resigned as police
o,,l ~ fore ha n
subpoenas in lunacy cases.
In dispos!ng of the matter the court held
that the chain of circumstances was con-
vincing that DR.. Vale had deliberately dis
obeyed the subpoena, and a fine of $25 was
imposed.
At this point DR.. Hickling secured the at
tention of the court to explain the conf
dential nature and the Importance of the
duties he was performing yesterday under
orders issued by Commissioner mcfarland.
The explanation, however. did not change
the judgment.
Are you aware that I am a government
official?'' DR.. Hckling then asked
II don't care how many government off,
Gals YOU are the court replied. You
have to obey the SubDOenaS of this