Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-04
EARLY CASE UNIQUE
Complicated Legal Problems
Will Make Precedent.
MAY SEEK PENSION AGAIN
Counsel and Medical Adviser to
Come to Washington.
CONTINUANCE IS PROBABLE
Corporation Counsel Thomas Ex-
poets That Trial Will Be
Sensational.

It is expected that Lawyer Everest Will
reach this city tomorrow. In the mean
time there is considerable speculation as
to what course he will pursue in behalf
| of John r. Early It was intimated to-
day that he will ask that the pension of
s72 a month be restored to his client in
view of the contention of certain District
officials that Early is a leper.
In order to have Early replaced on the
pension roll it would be necessary for
him to undergo another medical exami-
nation by one of the pension boards Of
medical examiners in this city. Then
should it be decided he is not leper or
should the board sustain the report Of
the New York board, which had his pen
sion discontinued, declaring that Early
had been cured Of 1eprosy that finding
would be used in behalf Of the man now
In quarantine.
According to Commissioner Of Pensions
York about August 5. In addition to the
three physicians comprising the board
which examined him, the pension bureau
sent an expert from this city to assist
the examiners in the important matter.
The surgeons stripped Early and gave
him a thorough examination. Their find
ing was that the man was perfectly
sound.
The probability that this step may be
taken by Early'S counsel has added to
the problematical character of the case.
One thing seems certain, and that is
Early and his friends will make an earn
est battle against life isolation, should he
in the last analysis be officially branded
as leper.
DR.. Buckley Expected Here.
It is also expected that DR.. Buckley Of
the New York Skin and Cancer Hospital
will reach this city tomorrow or Monday
to confer with Attorney Everest. 1t Is
generally conceded that the trial will not
take place Tuesday next, the day set by
Prosecuting Attorney James L. Pugh Of
the Police Court.
DR.. woodward received a telegram
from Plattsburg, n. Y, at his house, at
| midnight last night, reading as follows:
"Will represent Early Tuesday. Would
| there be objection to short adjournment,
If desired? Wire Immediately, collect.
"EGBERT c. EVEREST"
He referred the message to Corporation
Counsel Thomas this morning. At that
time there did not seem to be any objec-
ton to allowing Earlys counsel to ask
for a continuance, which he evidently
means by an adjournment"
Mr.. Thomas sent down to the Police
Court for a copy of the information
against Early, and also replied to other
kilograms from Mr.. Everest that Early
was detained mere unOer d INV winch
made it q misdemeanor to roam the
streets with a contagious disease.
Mr.. Thomas was asked whether the
coming trial would be big one. He
smiled, and said that In the minds of the
public it would be sensational.
Up to the time he started on the case
this morning he had not run upon any
similar cases in the District or anywhere
else
He does not know whether Early's law
x,ytI District that
Early is Or was a leper. Judging from
the expert qualifications Of the witnesses
whom DR.. Woodward has collected to give
information to Mr.. Thomas there will be
considerable testimony bearing on the
contention of the health office that Early
was a leper, and, for all the officials
know, is one at the present time.
No Chance in Damage Suit.
As to Early's chances in a suit against
the District Of Columbia for damages on
account of incarceration or anything of
that nature, it Is the opinion of more
than one man in the legal end of the
District and In the health Office that there
would be nothing to it.
Mr.. Thomas himself, it is not unlikely,
will fight the matter through the Police
Court. The many sides to the matter,
the many contentious and the unusual
character of the case may land this trial
and decision in the class with the famous
law precedentS.
The attitude Of the pension bureau in
declaring Early free from any disability
from a pensionable cause will not have
any effect, one way or the other, on the
Districts case
man named Inman had denied that Early
or his family had resided at his place
near Richmond Va, Mr.. Early said today
that he never stated he lived at the home
explained that he has been stopping at
the home of his brother-in-law, E. c.
ingalls,, a railroad man, about eight
miles from Manchester, Va.
His wife and child are now there. 1t
is possible that Mrs Early may come to
this city to be near her husband when he
is tried in the police court.
May Take Up Old Quarters.
In case a decision is reached that Early
is leper and it Is determined to isolate
him permanently, it Is said the building
he formerly occupied in rear Of the work.
house will be fitted up for his occupancy
The structure has not been occupied since
he vacated 1t, and superstitious people
about the Eastern branch regard the place
as a sort of house of horrors.
1t is picturesquely situated near the
District nurseries. and is surrounded By
large trees. From the windows of his
ton the view is gloomy. In the FORE
ground is potter's field. with its sunken
graves from which the bodies of the I'M
claimed dead of the city have been re-
moved.
Beyond Is the unreclaimed Anacostia
fats that are certainly not thing of
beauty. Nearby are the jail, workhouse
tuberculosis hospital and a cemetery
Early complains of being afflicted with
bad dreams" Before coming to this city
he dreamed several times the police were
after him. He remarked that, while he
did not as a rule believe in Dreams the
police business had come true, as he was
nabbed soon after his arrival here.
Early's return to the District has given
the Washington medical fraternity food
for discussion. 1t is the view of some
physicians that the opinion of DR.. Ehlers
Of Denmark that Early is leper is not
necessarily applicable to the man at this
time. They said 1t will be necessary to
bring the case up to date, adding that
| future examinations may change the
status Of the matter.