Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-07
Everest Sees Prisoner.

Judge Everest reached Washington
about 4:30 o'clock yesterday afternoon.
He was met at the station by Capt L.
c. Seaver of the Salvation Army and a
Star reporter. He was furnished a copy
of the Washington laws.
The lawyer spent the night at the St.
James Hotel. Early this morning he
visited his client at the quarantine sta
ton Later he called at the office of At
torney William Earl Ambrose and con-
suited with him. Mr. Ambrose is to ap-
pear in court tomorrow with the New
York attorney.
Judge Everest was for two years judge
of the city court in Plattsburgh. He was
also United States commissioner.
While he was on the bench case was
tried before him which involved the right
of the proprietor of skating rink to eX-
clude soldier because he wore the UNI.
form of the United States army. That
case attracted widespread interest, and
was subsequently called to the attention
of President Roosevelt
While at the Police Court this morning
Judge Everest saw Health Officer Wood
ward, DR. W. c. Fowler, Corporation
Counsel Thomas and others connected
with the two branches of the District
government Health officer Woodward
told counsel that all discussion might
have been avoided by Early If he had
filed a certificate from proper persons in
New York showing he had been cured.
Why Early Came Here.
"why did Early come here?' Mr..
Thomas asked counsel during their con-
| versation.
Judge Everest explained that Early had
J lost his pension certificate, and said he
| had come to look after that and to tran
sact other business, mentioning that he
| probably wanted to apply for pension
| for malaria and partial DEAFNESS, con-
| tracted in the military service of the
| United States.
But" Mr. Thomas said. lit was not
! necessary for him to come here to dc
| that
! il was necessary and that was why he
came.
Are you going to waive the right OF
| your client to appear in court? counsel
| was asked.
Certainly not" was his response
! His presence will be absolutely essen
| tial 1t will be necessary for him to tes-
] tify as to the question OF intent lie De,
| lieves he does not have the disease and
/ that he never had 1t. He has been as
sured by competent persons In New YORK
| that he does not and did not nave IT, 80
his coming here was certainly not witt
1 the knowledge or belief that he was In
| fected
Constitution to Be Invoked.
| Judge Everest stated to Corporation
Counsel Thomas that he would attack the
proceedings started against his client by
raising a number of legal objections,
among them one attacking the constitu-
ltionality of the law. He stated that, later,
he would take up the question of another
| examination.
| Our attitude Health officer Wood
ward stated lis one Of investigation"
| During the brief proceedings in court,
| MIR. Pugh presented the order of the
| Supreme Court of the District of Colum-
| bia, designating the quarantine station
as the place of detention of persons ac-
cused of violations of law while suf-
fering from contagious diseases, the order
1 having been made four years ago.
| Judge Mullowny said 1t was not nee
/ essary to file that order; that II the de-
| fendant is not satisfied with his accom-
| modations it is for his counsel to raise
| an objection. The statute, he stated,
gives the health officer power to send per-
| sons infected or suspected Of infection to
| place SO designated.
Not Ready for Trial Tomorrow.
| In asking for a continuance, Judge Ev-
crest said he had not the slightest idea
of going to trial tomorrow, but he would
| be ready with preliminary motions.
'.The case may taken such a turn he
said. that it will never be tried
This afternoon Judge Everest met Cor
| poration Counsel Thomas and Health
Officer Woodward by appointment and
further discussed the case with them. He