Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-08


The case of John R. Early, who is held
by the District authorities in quarantine
as a leper. moved quickly in the Police
Court this morning.
E. &. Everest, attorney for Early, asked
that the case against Early be quashed
and that the prisoner be discharged. ar
guins his motion on constitutional
grour ds. Judge Mullowny overruled this
motion. Mr.. Everest took exception
Mr.. Everest announced that Early
would never consent to trial by the court
unless he We're himself present to hear
the proceedings and to take the stand
himself.
Menace of Life in Prison.
When Mr.. Everest completed this an
nouncement. Assistant Corporation Coun-
sci Plgh Immediately rose and moved, in
view of the statement just made, that the
case be indefinitely postponed. This would
mean life Imprisonment for Early unless
the case We're taken to another court
Mr.. Everest declared he was amazed 10y
this motion. He asked the court to sus-
pend ruling upon ii until he had oppor-
tunity to argue the question. He said il
was IL new proposition to him and asked
until tomorrow morning to consider it.
The ease was therefore continued until
tomorrow morning.
Judge MulloWny made it clear. however,
in talking with counsel later, that he did
not at present intend to allow Early TO
come into court for trial and that he
wou6 not until it was proven that Early
did not have leprosy or had been cured
of 1t.
Agreement May Be Reached.
Before the court adjourned Mr.. Everest
suggested a plan of procedure which may
take the case out of the Police Court.
He said he had consulted with Corpora
ton Counsel Thomas and with DR.. Fowl
er of the health office. i'll regard TO send
ing Early to New York Immediately to be
examined by DIR. Simon F'leXner. head of
the Rockefeller Institute for Research in
that city.
He said that he believed all parties In
tereSted would be willing TO anide by
the decision of DR.. Flexner as to whether
Early was a leper- He said that cor
porat5on counsel had practically agreed
to this plan, and that it really only
awaited the approval of Early himself
and of Health officer Woodward before
being put into execution
He guaranteed that Early would accept
the proposition. He said, however that
If Ea rly went to New York for this ex-
amino ton, he must go without the case
here hanging over his head: in other
words that the authorities here must
agree to quash the case against Early.
Woodward Non-Committal.
Dr. Woodward was in court. He would
not say this morning whether he would
agree to this plan. meeting between
DR.. Woodward, Mr.. Everest and Corpora
ton Counsel Thomas was arranged for
this afternoon, when the matter will be
threshed out.
DIR. Woodward said it had been sug-
gested last year to Early that he go to
DIR. Flexner for examination and that
Early had refused to go. When Mr.
Everest announced in court that this plan
was under consideration he said that he
had wired to DR.. l.. Duncan Bulkley. the
New York specialist who proclaimed Early
not leper, asking whether he would
consent 10 his examination by DIR. Flex-
ner. He read Bulkleys reply TO the ef-
feet that he would consent To DR.. FleN-
ner's examination and accept his verdict.
Since when" said DIR. Woodward,
has DIR. Bulkeley been a member of the
counsel for Early? What business is ii
of his whether DIR. FleXner examined
Early or not?
adopted by the counsel for Early in wir-
ing to DIR. Bulkeley.
After Mr.. Everest left the courtroom
he declared that Corporation Counsel
Thomas had practically agreed this morn
ing to examination by DR. Flexner.
No Case for Police Court.
Judge Mullowny told Mr.. Everest that
he had nothing to do with the case but
try It; that Early was not in the custody
of the court, but in the custody of the
health officer, and that that official must
decide whether not he was to be al
lowed to leave Washington for examina-
tion by DR.. Flexner.
Judge Mullowny, however, expressed
the opinion that 1t would be eminently
more fitting for experts on leprosy to de-
eide whether Early was a leper than to
leave that question to a police court for
or for jury in that court.
The motion filed with the court by