The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-03
JAIL TERM FOR X.SCIENTST
BYRNE. VINO LET MS CHILD DIE,
10 SERVE THIRTY DAYS.


for the Court, which Declares Ho Mes
No Right to Break the Law Even IL isis
views Diver Prom state Legislatures.
The Court of Special Sessions denied
Yesterday the motion for a new trial for
clarence W. Byrne. the dry goods salesman
and Christian Scientist convicted Of failing
20 provide medical attendance for his six
vcar-old daughter Viola and permitting
her to die of pneumonia in May last, and
scntenced Byrne to thirty days in the City
Prison. The three Justices Of the court had
considered the case for several weeks and
reached a unanimous decision.
Byrne will be transferred to-day from the
Tcr,bs TO the workhouse.
When Byrne's case was called for SEN
,erce his lawyer, %. W. Steele. seemed to he
the only person in the court room whom
be knew. Christian Scientists we're con-
spicuouely absent. Mr.. Steele said he had
not made up his mind whether he would
take an appeal. He asserted that Byrne
vac not a Christian Scientist.
'If he we're he would nave acted in a
very different way and would not be in his
present TX, tdiu MT. Steee
Il am a Christian Scientist and Just .s
firm IN the faith az ever" said Byrne. Il
sm n regulor member of the First Church
In Kansas City and always attended the
Fifth Church in West Forty-hfth street,
slthough it is true | was not enrolled. My
conviction was caused by materia medica,
which took offence when I said l would
Just ma coon admit a rattlesnake to a patient
as their drug. But l meant nothing per-
sonal. The court Of course is in the dark.
They cannot see. I shall pray for them. I
do not MIND prison. Men have gone to
prison before for their faith
Assistant District Attorney Robert J.
Turnbull, who secured the conviction Of
Byrne. said nothing would deter the District
Attorneys Office from fighting the case to
a finish provided an appeal was taken.
LAWYER Steele said he had been retained
by Byrne alone. Byrne, however, said
Steele was retained both by Christian
Scientists and himself.
Byrne's conviction for this offence and
his sentence to prison Ia the first in this
city. The Pierson case, which vas referred
TO in the decision of yesterday. was brought
in Westchester county. IL covered similar
fsSA and involved the same statute and
was Nscided against Pierson by the Court
Of Appeals.
Justice John B. Mexican read the opinion,
which said in part:
The defendant Is guilty Of violating section
.ss OF the Penal Code. which declares that
a person who wilfully omits. without lawful
excuse. to perform n duty by law imposed
upon him. to furnish food. clothing. shelter
or medical attendance to a minor" Is guilty
Of a m~isdemesnor He In a widower. and
vhap the IN mae nf ACTION ar0aR reRi0Ru with
his children at 2is West Eleventh street
IN this city. On the last day Of May his daugh-
ter Viola. 6 years old. was taken i'll and died
three or four days later OF bronchial pneu-
monia. as appears by the official autopsy.
During such illness the defendant saw the
child daily. but wholly omitted TO furnish
medical attendance. for which omission he
has been found guilty by a unanimous court.
The defendant excuses himself upon the
riea OF want OF faith in medical doctors,
heiievina implicitly in the methods OF Chris
tan Science. which tn healing physical dis
orders relies solely upon the cffcacy OF
PRAYER. On one occasion he called In a
Christian Science healer. supposed to have
greater efficacy by reason OF special instruc-
ton. but during the rest Of the time he
claimed that he similarly treated his child.
When the father WAS absent an older sister.
Is years OF age, was in charge OF the house
and the patient. There Ia no evidence that
she had any training as q nurse or eny ex-
rerience in the care OF the sick. The sole
question is whether the omission to furnish
medical attendance under the circumstances
Constitutes "a lawful excuse"
TO answer that question in the Affirmative
nv granting the motion In arrest OF judgment
would establish a precedent that might be
extremely venatious In other directions. An
Individual OF some other cult, with equal
plausibility and earnestpess could plead
disbelief In educational methods as an excuse
Tor not sending children TO school: could
withhold food, clothing and shelter. leaving
Zach as part Of his religion to be furnished
through the same or similar agency.
Unless there has been some radical change
n the law meanwhile the contention OF the
defendant upon the grounds set forth by
counsel ia not now a debatabie question in a
rial court under the decision OF the Court
u Appeals IN The People vs.. Picrson, i76
Y. Y, 2Oi. There n child died OF bronchial
pneumonia without having medical attend
ance. The fntherfby adoption was convicted
NJ violating the same statutory requirement
as has been invoked against this defendant.
The excuse relied upon was identical with
the defendants disbelief In medical science
and faith in Christian Science. The convic-
Ion was sustained on the distinct ground
ma: failure TO procure medical attendance
trough disbelief therein and faith In the
curative methods by prayer did not constitute
a lawful excuse From the time OF this de-
csion 20 the illness and death OF this defend
ants daughter there has been no change
a. the law. The doctrine OF the Pierson case
forecloses all discussion OF the question In
this court along the limo on which the de-
PENDANTS counsel relied.
The decision says that evidence as to
whether or not the case was one where
medical attendance would have been I'M
availine 10 not such newly discovered evi-
dence as TO warrant . new trial. Such
evidence even II offered 1t the trial. upon
the facts developed. probably would have
been excluded. II it had been received
the result OF the trial could not have been
changed. "A physician says the Court.
must be procured for children danger
ousiy i'll, n q parent who omits this i'm
POSED duty can find no legal excuss IL the
disease results fatally in the fact that his
views differ from the legislative policy OF