The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-09

Takes Appeal and Case Will lie
Heard Again in llustings
Court.
THE MINIMUM FINE IMPOSED

In the Police Court yesterday morn
ing DR. Albert e. Franklin. Jr, ply
stefan OF No. 1919 West Grace street
was fined $40 for failure to notify tile
Board Of Health OF n case of contagious
disease that had come to his attention,
from which decision he took an appeal
to the Hastings Court.
The charge stated that DR.. Franklin.
I'm violation of n city ordinance passed
August II, 1906. and of the rules OF
Tie Board of Health. did not inform
the board that lie had been called In to
attend one Amanda konnon, suffering
with chickcnpoX. On 81 similar charge
in the case of one Hattie Stokes. col
ored, he was dismissed, although IT
was shown that the woman had small
pox, and that two white men caught
that disease from her.
Among the witnesses summoned were
Miss Amanda or Alma Kcnnon, now
entirely recovered. whatever her NAL
adv may have been; DR.. e. G. Levy,
chief health officer; DR.. A. W. Free
man. medical Inspector; DR.. w. j. West
Of the Board of Health office; Hattie
Stokes. colored, also recovered from
what was said to be smallpox; Mrs. j.
T. Hainz, Sandy Haines, Daniel Far
rar and DR.. a. b. Cosby.
Statement of Physician.
The evidence showed that the col
ored woman, Hattie Stokes, was taken
with smallpox on January Sd at NO. al3
North Twelfth Street, where she was
employed as cook. Or. Franklin sta,eo
that he was unable In one or two visits
to diagnose the case, and simply pre-
scribed for grip. On his second WISH
he found the woman better, and tod
her to let him know II she did not
improve or II there was any breaking
out" as he had suspicious that the case
might be one OF clickenpoS
The physician declared that he had
not determined what the girl was sur
fering from, and therefore did not re-
port the case. AS stated, he was sus-
picious of chickenpoX; he did not sus-
pect smallpox at all.
Two medical students who boarded
In this house were later stricken with
smallpox, but Dr.. Franklin contended
that the period of incubation was so
short that they could not have caught
the disease from the cook. Justice
Crutchfield dismissed this charge. ana
heard the testimony Of Miss kennor.
who came here from Caroline county
on visit, and while here suffered from
an eruptive disease. from which she
has since recovered. DR.. Franklin's de-
Tense here was the same-that he had
not fully diagnosed the case as
chickenpoX, or any other contagious
disease. and that had he so diagnosed,
lie would at once have reported the
matter to the Board of Health
Testimony Convincing.
The testimony of Miss Kennon, how
ever was convincing to the court. She
stated that she had breaking out OF
some bumps that DIR. Franklin was
called. and that he told her she had
chickenpox DR.. Franklin visited her
four times. and she paid him 81 for
each visit. Justice Crutchield imposed
the minimum sentence, fine OF So
not recognizing the terms of the ordin-
ance which makes each days failure
10 report separate offense. An APP
peal was taken and the case was GER
tilted to the Hastings Court.
II want the doctors of this city 10
comply strictly with the laws and or
dinances," said Justice Crutchtield. I
shall do all / can to help the Health
Department, but when cases are
brought here they must be proven
Chief Health officer Levy stated In
court that there was no disposition on
the part OF the board to prosecute DR..
Franklin, but that the board is endeav-
oring to prevent trouble by insisting
on an immediate report OF all can
tagious diseases.