The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-13
XSCIENCT DEFENDED INCOURT
LAWYER FOR BYRNE CRITICISES
MEDICINE AS PRACTISED.

ssss Man Has an Inherent Right to Try 20
Get Well by Any system Sentiments
Rather Than Practical. RetOrts the
Prosecution-Both sides Put In Briefs.
Briefs were submitted yesterday in the
case OF Clarence A. Byrne, a Christian
Science healer. whose child died without
medical attendance and while under the
care Of q Christian Science healer. Tn
Byrne child died of pneumonia. The
father was convicted in the Court Of Special
Sessions Of neglect. but was paroled pend
ing the presentation of briefs in regard TO
an arrest Of judgment and The application
for q new trial.
The briefs were filed yesterday. d. w.
Steele, Jr, the attorney retained by a
Christian Science church. represented the
defence. Champe S. Andrews appeared
for the County Medical Society and Assist
ant District Attorney Taylor looked after
the case for the District Attorneys Office.
Lawyer Steele says in his brief;
The history of the world declares that
for thousands Of years people have been
diseased and sickly. A man has the right
to love, and having this right he has the
inherent right TO try to get we'll by use Of
any system, way or means that ia known.
The cause Of his prosecution ia to-day
one OF the leading subjects in the minds
OF a great many OF the thinking people Of
the world. II is a subject that affects
every member Of the human family re-
gardless Of religion. politics. nationality.
g or financial condition, of the kind Of
disease Of which he suffers. or it's degree
OF hold on h patient. IL is well. then.
for US to consider any step we may take
In connection Herewith. not only for our
own good. but more especially when we
are dealing with the life and liberty Of a
fellow man who is 80 lacking in learning
that he is unable 20 defend himself in this
prosecution"
Mr.. Steele then takes up the matter Of
the work Of regular physicians and con-
tinues;
when we consider that in the name
OF medicine horrible punishments have
been inflicted needlessly on the sick. and
that which 10 believed TO be a correct remedy
to-day n universally commended ia
generally condemned tomorrow, allopathy
this year and homeopathy next year. purg-
ing, h sweating, ice bags one moment
and hot water bags the next. it would seem
that medical men OF all classes are not in
q position TO ram down the throat Of a sick
person any treatment. As there has been
and is such a difference of opinion among
doctors relative to the treatment OF diseases,
why should not we laymen well consider
any other kind Of treatment that is offered
when We see that many Of the best people
of this community have derived great
benefit from it and many people have
been snatched from the grave and made
well where the best physicians and medi-
cines have been a hopeless failure?"
In speaking Of the case of Byrne the
Christian Science lawyer has this 20 say:
The evidence in the case shows that
the deceased was taken care of during
the day by another sister only IL years
old. N il known TO all persons of
any intelligence that nursing 10 a sick
person is of more benefit than doctors
and medicines. and l dare say if this child's
mother had been alive and had nursed her
she would be living to-day"
In reply Assistant District Attorney
Taylor says.
The appellants brief is an earnest plea.
but the District Attorney. without any
desire 10 ~criticise IL, suggests that it is
sentimental rather than practical. II says
a great deal about the quarrels among
his child and about the hardships that
will ensue If the defendant is punished.
All this clearly involves an appeal to the
sympathy of the court and must he una
vailing. Ii is submitted that the court
should deny the motions for a new trial
and in arrest of judgment and proceed
to sentence the defendant"
The Justices of the Court of Special SEES
sions have fixed no time for the handing
down Of their decisions in the matter.