The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-12-08
MAY SETTLE EARLY
CASE OUT OF COURT
Counsel Will Hold a Confer
ence TO Reach an
Agreement.
ALLEGED LEPER
WANTS TO APPEAR
lnusists Upon Being Present When
Disposition Is Made of
Case.

After two hours hearing in Police
Court this morning, marked bv lively
Tits between John r. Early's counsel
and the prosecution, and heated argu-
ments between Judge Mullowny and
Early's representative, which put the
disposal ef the alleged leper's case more
in the dark than before. representatives
Of Early and of the District agreed 70
hold conference In the office OF Cor
poration Counsel Thomas in A final at
tempt TO settle the case by agreement.
Developments this morning came thick
and fast, and most Of them tangled nm
the situation even worse than # had
been. Some Of them were:
Wants to Appear.
Early sent word through his attorney
that he would not consent to a trial
unless he was present personally in
court and took the witness stand.
Judge Mullowny declared EarIy's pres.
ence would be impossible, but that he
could not consent to try the case un-
less he had Early's written consent IN
try the case in his absence.
Counsel Everest for Eariy made a
lengthy argument on a preliminary mo-
ton to duash the charge on constft,,-
uonal grounds. which was overr71Ied.
Attorney Pugh, for the prosecution.
asked that the case be continued In
definitely. and objection was made to
this by Attorney Everest who asked
until tomorrow to prepare a written OBJ
lection.
After the objection to continuing the
case had been filed Attorney Everest
sprang final surprise by declaring
that Corporation Counsel Thomas and
ne had tacitly agreed to settle the care
out o fcourt by examination by an ex-
pert II DR. Woodward would agree.
The expert named was Or. slmon
stitute Tor eseateh in 9vkegelle' New YaI ejty In
and a noted specialist in skin diseases
a telegram was read from Dr. BuIkley
Who has declared Early free from Ien-
rosy, saying that he would accent the
diagnosis OF DIR. FIexner.
To the reading OF uhig telegram and
during Attorney Eyerests statement
Attorney Pugh, for the prosecution.
made repeated objections TO the state
ment, on the ground that II was n mat
ter that did not concern he court.
II the court wants to gossip with
the counsel for the defense. It's uobodv's
business replied Judge Mullowny,
Sharply. after about tho fifth objectioh
am greatly I'm favor OF having
Early's case passed upon by an expert,
That would be- mere satisfactory Than
2 trial In a criulina court" Judge Null
lowny declared.
The preliminary motion made by At
toTncy Everest 10 quash the warrant. to
release Early and to disgniss the case
outlined the plan OF campaign deter
mined upon by Early's COUNSEL
POINTS -1i
On -Four Points.
J. That the court has no 5urisdiction
Of the defendant since the papers on
which the warrants we're signed were
not issued or were not sworn TO by a
depOnent
p That the court has no Jurisdiction
over the alleged Offense charged in the
Information.
, That the information and papers on
which the warrant was issued and on
which Early was arrested fail 20 aIlege
that the alleged offence was committed
with criminal intent OF with willful
carelessness."
4. That the Constitution declares the
defendant is entitled to aIl privileges in
the several States; and that &c honestly
believed on high medical authority and
because of the ruling Of the United
States Pension of, that he was free
from leprosy.
The fact that Early had been declared
a well man by competent experts and
by examiners of the Pension Office was
the proof Attorney Everest advanced to
show that Early thought he was free
from any taint Of a contagious disease
He declared II was unreasonable 10
have expected Early TO report to the
Health Department on his arrival here
since chat would have been practically
giving up evidence prejudiCial to his
case If he were arrested.
If an agreement is reached this after
noon # viii be with the understanding
that the case shall be quashed I'm Po-
lice Court.