Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-01-01
THE MOTION DENIED
I0txCUSE Mr.. De MUND
But the Case in Which He Is to Appear
is Set Forward and Will be Called
Tomorrow.

At a brief session Of United States
court yesterday the motion made by
Attorney Billiard on Saturday to eH-
! cuse II. p. DeMund from attendance at
the trial of the trust cases on the
ground that it was necessary for him
10 go to Chicago for an operation Tor
appendicitis was taken up and dis
posed of
United States Attorney Alexander
had received Geographic instructions
from Attorney General Boaaparte 20
/ summon a physician in opposition ga
the motion and he caused DR.. Wyiie
to be called in. Or. !. Tix Thomas,
family physician FOR Mr. DeMuna, had
been summoned by the defense.
DR.. Thomas said that Mr. DeMuasi
had suffered an attack os appendicitis
| in the latter part 90 September and
another on December 81. lie hsd adj
vised him TO submit 60 an operation,
as until that was done ne wcuid Always
be subject to attack. il was the oP!n-
ion Of the doctor that q delay in shis
case might b. Of great dsageT-
DIR. Wylie agreed with DT Thomas
as to the sdvisabiIity % an early OP.
Grafton and under cross examination
he said that 1t was unnecessary for one
to so TO Chicago 20 have is performed.
There were half dozen surgeons in
Phoenix who coalG perform u guile 49,
safely as it could BE- deFc by a surSe0a
in Chicago.
II was suggested Go the doctor Shsl
the facilities in Chicago ueTe superior
TO those in PhoeEix; that il would be
more safely done there. The doctor
thought not. There was. he said no
safer place; none tiaa. causd be put
into better antisepstc condition than
ones own home: PasIeass, lse said.
were nevep removed ss hospitals tor
greater safety but Ccr she greater con-
venience. The doctor was further Of
the opinion that the time consumed IN
journey TO Chicago would be more
dangerous to the patient than i.is zP-
pearance on the witness ssaad sEor!a
be.
Questioned an 20 thf liability % the
patient TO a recurrence os the attack
he said that he would always Dr. ia
danger until the veEfnif0sm appendix
was removed. He might be attacked
within five minutes and then again. ne
might never have another attack.
There was only one point on which
DR. Wylie disagreed from DR.. Thomas
The latter said that whatever excite
ment Mr.. DeMund might undergo on
the witness stand would tend to in
crease the chances of a recurrence Of
the attack. Dr.. Wylie thought other
wise; appendicitis was not result ot
nervous excitement but Of indigestion.
so that in his opinion no excitement 40
which the witness might lse objected
would prccipitate an attack az appcn-
dicitis, unless. indirectly, by producing
an attack of Indigestion.
Judge Kent in passing Upon the mo-
ton said that the court would mt take
any action that might impegti she
health OF Mr.. DeNund. u ne desired
to go TO Chicago for the purpose OF
having an operation Performed he
would not be delayed hong sy an order
of the court. But the court believed
that the trial IN which ne had been
summoned as Il EitneSB might b. set
for next "Wednesday. Tire limited
States attorney finally agreed that the
case against the DeSiVnd Lumber COM
pany could b. taken up 4; that sime.
The motion was therefore denied