New-York tribune., 1907-06-29
'HEALER" FOUNDGUILTY
FAILED TO CALL DOCTOR
Court Fr07cns on Christian Science
Remedy for Pneumonia.

In courtroom crowded to capacity. but quiet
-furch. Clarence ". Byrne, salesman. of
Ne ?17 Vest 11th street, was pronounced guilty
yesterday = failing % ;all a physician TO atrend
his siX-year- old daughter Violet iurng 1er .atai
/ illness. Byrne calls himself Christian SEQ =
healer" He will know his sentence on July p
John B. Stanchfield. it announced. woulu
appear as counsel for him that date.
At the trial yesterday in Special Sessions Jus
tees McKean Mayo and deuel. presided, and
there were present large number Of physicians
TO watch the course Of the trial. Among them
We're Champe S. Andrews, counsel for the New
York Medical Society. Assistant District At
torneys Taylor and Turnbull handled the case
Tor the prosecution
DE- Albert Z, Weston. coroners physician. tes-'
tilted he had performed autopsy the body
of Violet ByTne on May H. and that she had
been suffering from pneumonia and had been i'll
for four days prior TO her death. Her right lung
had been badly affected and the left lung slightly
SO Dr.. Weston believed the child would have
recovered had she been cared for by competent
physician.
He was asked by Mr.. Turnbul regarding the
proper methods in such cases, and said that
all such cases varied in their individual char
acteristics he unable TO state positively.
but that there was well known theory which
applied, and that had il been applied in this
case the girl would have survived.
In the cross- minati D. " Steele, Of No.
II William street. counsel for the defendant,
pressed DR.. Weston hard for a statement con-
cerning the proper or recognized methods of
treating pneumonia, and Weston repeated his
original statement that it differed with each
case.
Coroner Acritelli, who conducted the inquest
Of the case. was called 10 the witness stand and
/ testified that the inquest showed the cause Of
death to have been broncho- pneumonia. He held
that the father was guilty OF violation Of the
/ sections named in the Indictment, namely. that
he had "wlfUlly and maiiciousy refused To
summon the aid Of a medical practitioner, know
ing that his daughter was dangerously I'll"
The coroner also testified that he had during
the inquest repeatedly asked the father whether
or not he would have summoned physician.
even had he been sure that his daughter
going to die. Byrne had asserted that he would
not have a doctor in the house under any cir
Curnstances Byrne had 50 the coroner said.
asserted that he had treated his child according
to his own fashion, and had called in Chris
tian Scientist healer" He was Doctor" Rob
erts and his aid had been asked for on the
Friday evening preceding the death Of the little
girl. Roberts had told the father that he was
/ unable go TO the Byrne house at the time,
but would give the girl Violet absent treat
nlent" According to the father, his daughter
revived under this.
TO the treatment of Doctor Roberts Byrnc
added his own treatment of prayer. and for
the remainder Of Friday night and early Satur-
daV morning the little girl seemed better on
Saturday afternoon. May 1. however. she be
came violently III once more and at p. m.
| Byrne sent a message 70 Roberts. who answered
| a short time afterward. Together the men
prayed over the girl, but few moments before
9 O'Clock the fourth day Of her illness she
died.
Mabel Byrne. the nineteen -year-old sister of
Violet was then called to the stand and testi-
fed that she had been with her sister during
her Illness, and that her father, who had been
( Christian Scientist healer for seven years, had
constantly prayed for Violet and done all that
he could for her. Mabel is also a Christian
Scientist.
When Mabel Byrne finished giving her testi-
[ rnony Mr.. Steele made motion 10 dismiss the
case on the ground that both the Constitution Of
the United States and that Of New York State
/ gave d man the right 10 the means he con-
sdered best in the case Of a relative who was
/ m The question Of whether not a physician
should be called in to attend the III person was
matter left with the relatives.
Byrnc was then called TO the stand He tes-
! tilted that he had done everything in his power
! to help his child. He said he had frequently
! treated her for stomach ailments, and that his
! prayers IN such always proved effective.
/ He also said that the end came so suddenly that
II would have been Impossible to summon medi-
| cal aid even had he been disposed. Byrne
was visibly affected by his own story of his little
daughters illness and death and the courtroom
was hushed he spoke.
After the testimony Justice Mexican an
! nounced that the court found Byrne guilty Of
in the Indictment Dir. Steele then asked for
time to file papers Of appeal 10 the Supreme
| Court and received until July II.