The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-04-11
DECISION
RESERVED
TILL MON.
Hamilton Gives Defendant
Time for HabeaS Cor
puS Proceeding

%
AT the conclusion of the preliminary
hearing OF DR. L. " Emamel. city
physician 81 chlckasha. arrested on
complaint OF Dr. T.. i. Dawson. charg.
ing Interference with this correspond.
ence through the mails, after hearing
testimony for the government and the
defense FOR nearly three hours. United
State Commissioner Hamilton said, Il
think there Is no question that the law
has heen violated. but / think perhaps
that Il vas due to excessive zeal on
the part Of the defendant in the per.
formanee Of hts official duties. That,
however. IS a question which me trial
Judge should pass upon and shall
therefore hold the defendant for the
action Of the grand jury Owing to
the circumstances III the case, how
ever. shall require only a small bond.
gi0o
Attorneys for The defense at Once
announced that II was their iutenlion
to seek Toe discharge Of tie defend.
ant through wrli Of habeas corpus
aud the court said. III YOU desire to
do tbs. shall withdraw my finding
and take The case under adslasment tit
next Monday ia order 10 give you time
70 have the testimony transcribed
and to present she matter Is The Judge
OF the federal court
The case against Dr Emanuel grows
out Of the sending of o registered pack
age by Dr Dawson 10 DR. J. c. Mahr.
state health commissioner. the pack.
age containing spinal fluid from the
Palmer child. whose illness was dag
nosed by Dr Dawson and Dr. Liver.
more as spinal meningitis The fluid
was sent ioc microscopic examination.
In compliance with the general re-
quest o. the state health department
10 such cases. I'VE had already salts
fled ourselves that lt was meningitis,
said Dr. Llvermore. IN his testimony.
"and bad examined che spinal fluid ua.
der the microscope We sent 81 only
10 comply wits the request OF Or
Mahr pr Dawson reported the Pal
mer case to he city physician and
quarantine was established Tho next
day Dr Emanuel phoned 10 the state
laboratory al Norman where be sup
POSED the package had been sent and
was told that II had not arrived He
called up DR.. Dawson and the second
time asked him if me had seat The fluid
and Dr Dawson replied that he mad,
adding. Ia substance. IF You don't be.
heye It, 90 20 tie postolfIee aud in.
quire. and this Dr. Emanuel did,
learning that tine package bad been
sent 70 DR.. Mahr az Oklahoma City.
Dr. Dawson called up Dr Nahr's OF
flee at Oklahoma City and was inform
ed that the package had not been re-
ceived. and he then requested Miss
Rose, the registry clerk In the local
poatofIice, 70 send tracer after il.
This Miss Rose did using the regular
form Of inquiry, a copy Of which in
blank Is printed in this paper, and
which was introduced III evidence as
EXHIBIT b Ia due time lhe reply
came on the same form. saying that
the package had been delivered. Al
though not brought In in the testimony
letter from nr. Mahr's chief clerk.
received by Dr. Dawson later explain
ed that the package had been delivered
ana signed for BY an employe al Or.
Mahrs hotel and had been HRSplaced
As. Dr. Dawson and Dr Emsnuel
had both inquired regarding ,he pack.
age. Miss Rose, thinking thac both.
were interested III The case, when the
reply 10 the inquiry came, called up
Doctors Dawson and Livemore, find
ing neither IN his office and then
phoned Dr. Emanuel. who went to the
office and the reply was delivered to
the latter. Miss Rose testified that
Dr. Emanuel said he would deliver it
70 Dr. Dawson. Dr. Emanuel testified
that Miss Rose told him that IL was
perfectly proper FOR him 70 take the
ranIa ana hn lnnk II M nrlar b phone