The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-08-03

New York Aug. 2-Clarence W. Byrne,
a salesman, who lives at 21s West Elev-
enth street was to-day sent to the Tombs
for thirty days for refusing 10 furnish
medical attendance to his six-year-old
child. Viola
Byrne says he is a Christian Scientist,
and when. on May l last. Viola was
taken I'll with bronchial pneumonia, the
father refused to call a physician. treat
ing her instead according to Christian
Science methods.
Before sentence was passed, Byrne's
counsel moved for a new trial. This was
denied. Byrne's attorney then declared
the case would be appealed, and taken
TO the Supreme Court OF the United
States, If necessary.
Physicians Aid in Case.
Justice Mexican. who writes the opin-
ion. in which all his fellows concur. re-
marks that the case is OF unusual I'M
portance and interest. as Indicated by
public discussion, and by the co-opera-
tion Of the County Medical Society, which
Joined the district attorney In presenting
a carefully prepared brief in opposition
to the motion.
There is no conflict as to the facts"
relates the opinion. The defendant took
the stand and stated that he saw his child
at midday at evening. and In the morn
ing Of each day Of her illness. and that
no medical aid was furnished to her He
excused himself upon the plea Of want of
faith in medicine and medical doctors. be-
leving implicitly in the methods Of Chris
tian Science. which in healing phvscal
disorders relies solely upon the efficacy
Of prayer. The sole question Is whether
the omission TO furnish medical attend
ance' under such circumstances constI-
tutes lawful excuse
Fears Establishing Precedent.
The opinion holds that to answer that
question in the affirmative by granting
the motion to arrest Judgment would
establish a precedent which might be ex-
tremely vexatious In other directions. It
goes on 10 say further:
An individual Of some other cult. with
equal Dlausibility and earnestness, could
pleaddisbelief in educational methods as
an excuse for not sending his children to
school; could withhold clothing and shell
ter, leaving each, as a part Of his religion.
TO be furnished through the same OF
similar agency. The difference between
health and education is that one is ply
steal and the other mental, but surely
none viii seriously contend that this diff
ferentiatiOn measures or limits the DO
tency Of prayer.
THE motion for q new trial is on the
ground that a regularly licensed physician
viii testify that in cases Of pulmonary
pneumonia in a child six years Of age
the room should be kept at a tsmpera-
ture of 20 to 70 degrees, a trained nurse
should be in attendance, and, In many
cases, the use Of drugs is not needed.
THE affidavit Of this physician IS gen
eraI. He does not pretend TO speak on the
case of the defendants daughter or know
anything of the symptoms manifested by
her during her Illness. Medical attend
ance is required. A physician authorized
TO practice his profession must be pro-
parent who Omits this imposed duty can
find no lawful excuse If the disease re-
suits fatally. in the fact that his views
differ from the legislative policy of the
State
Denies Byrne Is Member.
V. o. Stricken, of the Christian Science
publication committee. said concerning
the case:
1T may have been observed that IN
this distressing case Christian Scientists
have held aloof. There are reasons for
doing so. Byrne is not a Christian Sci
enlist. nor is he a member OF any Chris
ton Science church. He has read
'Scence and Health. but, like many 9th
ers, without understanding. Christian
Scientists have no fight with the doc
tors, for nearly all Of them are good
and noble men, and they cannot assume
the responsibility for the many bitter
things Mr.. Byrne has said against the
medical men.
1T seems hard that Mr. Byrne should
be taken away from his family, who are
left in destitute circumstances; but, 1t
is not right 10 place the blame on Chris
tan Science for his troubles"