Los Angeles herald., 1906-08-19
ADMITS SLAPPING
AND TELLS WHY.
DR.. BURNER PREPARED TO De.
FEND BATTERY CHARGE
Sequel to Attacks by Certain Element
Of Medical Fraternity Likely to
Be Aired II Warrant Is
issued

former manager, Dr. II. l.. Smith, FRI
day afternoon, told the police yesterday
that he did not fear the contemplated
battery complaint which will be sworn
out by DR.. Smith.
Dr. Smith called at the police station
yesterday and was informed by Assls-
tant city Prosecutor Eddie that COM
plaint charging battery would be issued
Monday.
DR.. Burner says he does not believe
he will be held for battery, when all
the facts in the case are brought to the
attention of the court. He admits slap
ping Smiths face, but gives what he
considers justification for the act.
origin of Trouble
The doctor says trouble arose over an
instrument which was placed In the
office.
Following this dispute which never
eliminated in the courts, DR.. Burner
said he employed Smith to act as busi-
ness manager.
When domestic trouble arose between
DR.. Burner and his wife, located at San
Diego. it is claimed Smith went to san
Diego to induce Mrs Burner to return
to her home.
DR.. Burner says when Smith returned
from San Diego he earned that he had
Joined forces with Mrs. Burner, instead
OIL representing Ills tUlplOyCls
Later Smith went to DR.. Burners
office. the police say and demanded $50
for services at San Diego.
This precipitated g quarrel, the doctor
says, which ended in Smith locking
the door in his private office.
Taking into consideration all the facts
in the case, DIR. Burner says he is more
than willing to go into court and ex-
plain the relations between himself and
fal, 1nf n
and the alleged battery.
Here Is the doctors statement:
eff slapping a mans face is assault
ing him, / did it. If you will ask ques-
tions l will answer them"
,Resuming he said:
"It grew. out of this: You know l
am in a fight with the medical fac
ulty. They have carried that so far
that they have entered my domestic
life.
az brought a man here from Chicago
through the introduction of a very dear
friend of mine who claimed to have
known this man many years. will
tell you who the man is. His name IS
C. c. Carr. editor of the Medical Talk
for the people at Columbus, Ohio. He
is a German and he had lost leg.
After he came, much to my surprise,
/ found he was one-legged.
after some correspondence with him
/ sent him a dispatch to come here at
my expense and we would meet each
other and he could stay with me two
weeks and would pay his price, and
if l didn't employ him after that
length of time would pay his ex-
penses back. Well when he came
was thunder struck to find that he had
a leg off, yet he walked so that many
people would never have noticed his
leg was gone.
x.,if 10 NV
sanitarium. 1 had three operations
that night, the first night he was there.
| do most of nv operating in the even
ing after supper or before breakfast.
l extended him the knife, but he said
he was tired and would like to see
me operate. I had also visiting sur
geon from the city who is a good man
and so 1 take the precaution to guard
against accidents. He was present and
after l did two of the operations l
turned the knives over to the resident
physician.
"The next day we had four operations
and offered him the courtesy again.
He refused and said: You do that
kind of work better than T.
After he was with me three or four
days there was row in my office.
l will tell it as hastily as / can.
when I opened first was at 3372
at Harriman's place only temporarily
to try an experiment. / went in there
and they paid all the expenses, fur
nished the place and I used my ma
terial and we divided every night
paying them one-half of the receipts
and keeping the other half and they
paid the expenses.
There was man came in there one
day with a fine microscope which cost
about $575. but he didn't know what it
was and he asked me whether I would
buy 1t. 1 said = would if he could
show title to it. He said his father
was doctor and died and left this
with him among other things. told
him If he would prove that statement
/ would buy it. asked what his price
was and he named $50.
when we moved away from Harri-
mans place 1 haG some fourteen men
and women and we were very busy,
and In moving / thought the microscope
was sent over, but it seems it was not.
| went bacl. to Harriman's place for
some Of my things and saw this micro
scope on his desk.
"I said. What are you doing with
my microscope?' He said. That is
mine l said, John, you know 1 bought
ii of that fellow and you know paid
him and rented 1t for $5'
'At last he said / didn't buy 1t. but
agreed to take it or rent It. / started
away with it and he held on to It, I
said, John, we have had some scraps,
but we will have a good one If you
don't let go of that
81 told him 1t was my instrument and
intended to take II away with me. He
told me / was taking it by force and
his brother was a lawyer and he would
get me into trouble.
"The next day the man who leased
this instrument to me brought fellow
with him and attempted to take 1t
away by force. / went for them.
II had club and / grabbed that, a
large walking stick and went for them.
There was big fellow in the place,
weight about S64 and / had agreed to
hire him as a bouncer and put long
uniform on him. called i'm my bouncer
and in place of him going for these fell
lows he went for me and took me by
the throat and got me on the couch
and nearly choked me.
This big German, although he only
had one leg, stood by and saw It all
and never came to my assistance at
all.
"Well after the fight was all over, |
read him the riot act and told him II he
ever crossed my door again ] would
throw him out He left and sent In a
large bill for his work and finally II