The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-10
HEALERS WIN.
Christian Scientists Victorious in Legal
Fight Lasting Years.

New York, Aug. 10.-Christian Scien-
fists may now treat disease with Chris
tian Science methods without fear of
punishment from the law in cases which
result fatally. A decision in a Chris
tan Science prosecution has been hand
ed down at last and practically estab-
fishes the precedent that faith healers
would not be held liable for deaths
of persons under their care.
After a stubborn battle of three years
in the courts at Westminster county at
White Plains, the demurrer to the in
dictments against John Quimby and his
wife, Georgiana Quimby. and John G:
Lathrop, or New York, former reader of
the Second Church of Christ. Scientist,
charging murder in the second degree,
was yesterday sustained by Judge
Plat.
The indictments were found by the
grand jury of Westminster county on
October 81, 1902, on the grounds that Mr..
and Mrs. Quimby and the healer, Mr..
Lathrop, had allowed 7-year-old Esther
Quimby to die of a malignant attack of
diphtheria without medical attendance.
Judge Pratt's decision yesterday, how
ever, disnisses the case and releases
the defendants from all further prose-
cutions. All three still affirm their alb
solute belief in the efficacy of Christian
Science to heal disease.
Ruling of Great Importance.
The ruling is of momentous import
ance to Christian Scientists every
where, and to the spread of the Chris
titan Science propaganda. The fact
that not even a case which was as en-
ergetically pushed and as perSistently
prosecuted as the new famous Quinn
by case" could be brought to a trial
will probably be taken by Christian
Scientists as conclusive proof that the
backbone of legal opposition to Chris
tian Science has been broken and that
few more cases will be even brought
against the sect.
1t was primarily through the efforts
of Coroner Banning, of White Plains,
that the indictments against Mr.. and
Mrs. Quimby and Mr.. Lathrop were
found. Coroner Banning had been I'M
firing in his efforts in pushing cases
against the Christian Science healers
whenever the death of a patient who
had been under Christian Science
treatment came under his observation
and he had been heard to say that
Christian Scientists were working to
have him put out of office. At the in
quest he brought witnesses who show
ed that Lathrop had come to and
from the Quimby house while treating
the Quimbly child without any at
tempt at disinfection, and that no eff
forts were made to isolate the little
girl in any way. Bacilli taken from
the throat were offered in evidence to
prove concluSively the nature of her
disease.
Defendants File Demurrer.
Immediately after the indictments
We're handed down, on October 81,
1902, for manslaughter in the second
degree, the Quimbys and Mr.. Lathrop
filed the demurrers.
The Scientists were charged with
"willfully, wrongfully, culpably and
neglectfully, and with culpable negli-
gence, failing to provide medical at
tendance for the child who had con-
tracted the disease from a sister who
had recovered under Christian Science
treatment.
They commended that under the pro-
visions of the constitution of the
United States they had right to treat
their sick as they thought best. Dur
ing the inquest into the death of the
child, Mrs. Quimby was at home sick
with the same disease, but recovered
under Christian Science treatment in
time to be present when the indict-
ments were handed down.