The Washington times., 1912-07-24
CHRISTIAN SCIENCE
IN navy PRODUCES
TROUBLESOME CASE
Sentence Of Gunner's Mate,
Who Refused Vaccination,
Stirs Senator.

with the court-martiai and conyic-
Of Joseph ]. Kapsa, one time gunner's
mate on the battieship Delaware, be-
cause he defied official orders and re-
fused to be vaccinated as protection
against typhoid fever, the Government
Is facing condition never before pre-
sented.
Kapsa has been reduced to the rank
of seaman without pay. and is serving
sentence of one year at hard labor at
the disciplinary barracks OF Port Royal,
SC. II the sentence of the court-martial
Is carried out, he will be dishonorably
discharged at the end Of that time.
Is Christian Scientist.
Kapsa is a Christian scientist He re-
fused to be vaccinated.I saying that his
religion taught him that such surgi.
cal Induction Of virus is wrong. He con-
tended that he never was III as his
record shows. that he did not need the
treatment, and refused to submit to It.
The case with its circumstances and
consequences is unprecedented In Ameri-
can history. Senator Works of Cali
iornia, a Christian Scientist himself, has
interested himself in Kapsa's case.
cember l. 1911, while the. Delaware was
at Guantanamo. Capt, John Hood at
the court-martial told Of his reluctance
to punish -Kapsa on account OF ten
years service with an absolute clear
record and the religious scruples in
volved.
1t was not until the ship was in
Hampton roads, entering New York
April IA, that the mate was called be-
fore the mast, where Captain Hood held
Sunday court, and insisted that the or
der must be obeyed. Kapsa persisted
in his refusal and was put In the brig,
Charges were served on him April 2s.
and he was court-martialed in the New
York navy yard May 20
Seamen's Friends Rally.
By this time Kapsa's friends on shore
had rallied to his defense. At the court
martial he was represented by Ralph X.
Jacobs, Brooklyn attorney. Arthur
A. Racicot, jr., first lieutenant on the
receiving ship. as judge advocate con-
Quoted the prosecution. Capt. James p.
Parker and five other officers consti-
tuted the court.
This is not legal order, in that It
violates the constitutional rights of the
defendant, because 1t restricts the prac-
tice of his religion. which is that of a
Christian Scientist" was significant
feature of the plea in defense of Kapsa
Technical objections were also made,
but the court overruled all of them.
Have you ever taken medical treat
Jacobs Of the, defendant.
mo, SIR" replied Kapsa.
Have you been ill?" asked Lieuten.
ant Racicot on cross-examination.
Nh oty lt,<l ~
What would sP,eS you 'de dc ma!e IL You had .ty-
phoid fever" continued the lieutenant.
II would heal it by Christian Science"
piled the lieutenant. "Do you think that
II you transgressed some of those be-
liefs concerning your bodily health that
you would be everlastingly damned?"
Yes, SIR" insisted the mate.
Where did you get the idea about
certain beliefs as to how to cure typhoid
fever or something of that kind?" asked
Lieutenant Racicot.
Refers to Bible.
From the Bible" said the mate, spe-
cifying the Epistles of st. John. p.
Can you tell this court what gave
you the belief that II you cut of fin-
ger/instead of taking medical treatment
You must have some other form Of
treatment, and that IL you didn't have 1t
your soul would suffer-" insisted the
lieutenant. II wan to know how closely
your morals and beliefs go together"
Il do not wish to argue my religious
beliefs with you," protested the> pris-
oner.
Kapsa's attorney objected to the ques-
tion and the judge advocate withdrew
do you eat three times a day7" he
asked instead.
"Yes. SIR" replied the prisoner.
Case of Stomachache.
Suppose you had a stomach ache in
the morning and at the same time you
felt hungry" proposed the lieutenant.
Suppose that your idea of taking care of
your health told you not to take break
fast, but you were hungry sand you
took breakfast; would the fact that you
took breakfast that morning affect
your morals; would 1t damn your soul
or simply affect your bodyT' '.t
THE accused man will answer this
question. but the court does not wish
to go into discussion of the merits
Parker when Kapsa's attorney object
ed that mo reasonable person under
any belief whatever could answer IL.
We'll. i don't know, as have never
been In such a predicament," declared
any answer for t.
How is your soul affected II you
have a silver in your thumb?" demand
ed the lieutenant
IT can't answer that question:" ad-
mitted the prisoner after the objections
had been overruled. .s
''The defense of the accused man 1,
that to take vaccination treatment 1,
against his religious belief, but thai
does not seem to be borne out by hi:
inability to answer questions" Lieuten-
ant Racicot argued to the court.