New-York tribune., 1912-03-31
CHRISTIAN SCIENCE
HEALER CONVICTED
Willis Vernon Cole Fined Sl0O
for Practising Medicine With
out a License.
Defence TRIES NO DELAY
Counsel for Practitioner Says 1t
Is Desired of All Believers to
Have Case Go to High
est Court at Once.

willis Vernon Cole. a Christian Science
practitioner was convicted yesterday De-
fore Justice Seabury in the Criminal
Branch of the Supreme Court of practising
medicine without a license, and paid
fine Of 500. 1t was his second trial on the
same indictment. The jury which hearo
the first case disagreed, standing 1t is sald'
eight 70 four for acquittal. Samuel Inter
myer, counsel for Cole, said he was saus-
fed with the verdict. as IL wRs his wish
and the wish of those who belonged 10 me
Christian Science Church TO nave tne
Court Of Appeals pass on the case
The ultimate decision in Coles case, said
Mr. Irntermyer, will determine whether, IN
order 10 practise healing by prayer In ac-
cordance with their religious belief, Chris
tian Scientists must have medical edu-
cation sufficient 10 entitle them to licenses
as physicians
when court convened yesterday Mr.. Un-
torrnver moved 10 dismiss the indictmeht
ON The ground that the complaining wiz
ness Mrs. Frances Benzecry, an ihvesu-
GATOR ernplovcd by tho County Medical So
cjetv. was not suffering from any disease
when she visited Cole. and that therefore
n was impossible for him to give her any
medical treatment for illness. His motion
was denied Henry D. Estabrook' asso-
cIated with Mr. Untermyer In the defence
summed up.
Calls Defendant a Clinic.
"rba defendant" he said. 'is good
man honest, sincere, pure-minded ana
Crbr,stian gentleman. We haven't enough
srcb IN the United States to make crlm-
ra,s of those we have. The la" Is on
trial here. not the defendant He is merely
the clinic for learned medical experiment
"rbis case is a most important one 10
,ha rculions OF Christian Scientists mo
,rincirlo Of a new Magma Charta Is IN
ro,y.d The law under which Cole was IN
6,cted would make Jesus Christ crirn-
inal" ~ ,,,u.-,.,
charles c. Mott, ir. Assistant District
ATTORNEY. said in summing up: MS SET
,s irving TO establish special privilege ior
itself which no other sect enjoys Every
bodv has a right TO believe what ne sees
a. bu+ O,hen il comes 10 acts, then II is
that there is a restriction, Acts "hich
.ndaneer health must not be done IN the
guise Of religion.
"Tbe Christian Scientists do not recos-
rizA disease but the law does anu the
etste assumes that there Is such INNS
- .bgt q is a stern reality. If a physl-
.io claimed
49,. that cod cured it through the drugs
- administered. that would not re-
,t.rs him Of necessity of taking out
license" 49,. doo-s
i.L zen and women belonging to the
(r,rrcb of christ Scientist. After Mr. MOTT
80 enisbad summing up for the prosecu-
,ion the court attendants went through tue
1pstice seabury began his charge It Wouio
,,,.ssib1o "a leave the room until he
erisbad Ordinarily half of the spectators
donart when they hear that but yesterday
not a person moved.
.I charge" said Justice Seabury, turning
% the fury that one who holds himself
an, ~, sign card or public advertisement
as being able TO cure. treat or prescribe for,
any human disease PAIN deformity or all
noert and who maintains public office to
which persons may come for treatment
and who receives a fee IS engaged in the
nrectice Of medicine under the meaning Of
the law. further charge that even though
surgery is not rcsorted 10 and no drug IS
used. and that even though the person so
holding himself out engages in prayer, he
r. engaged in the practice Of medicine, un-
der the meaning Of the law
Jury Out Forty-five Minutes.
After Mr. Untermyer had made few re-
quests 10 the court to charge upon certain
matters the jury went out. They delber-
sted for quarters Of an hour, and
every one in the court strained forward
when William Codenblum the foreman,
stood up TO announce the verdict. His ver-
dict Guilty" carried 10 the furthest cor
ner OF the room Justice Seabury suggested
that counsel for the defence might prefer
10 have sentence imposed Immediately, and
that. inasmuch as the defendant was not a
criminal in the ordinary sense OF the word,
he thought a fine would be sufficient pun
ishment Mr. Untermyer said the defence
waived any right they might have to delay
in imposing sentence, and the fine of sloo
was announced.
Cole went 10 his wife. who was seated in
the courtroom, and got the money.
Eugene r Cox, committee on publication
for the Christian Scientists in this state,
issued a statement last night in which he
said there was no regret at the verdict
The Christian Scientists he said, did not
object TO having the law construed, but
took the ground that the exemption clause,
exempting the practice of the religious
tenets of any church, had been inserted in
the health law for the protection Of Chris
tan Scientists.
Cole was arrested in January 1911. HIS
case would ordinarily have been disposed
of in Special Sessions, but w. T. Jerome,
acting as his counsel prevailed upon Judge
Foster TO transfer the case to a court
where It would be decided by jury. Coles
arrest followed four visits paid 10 him by
Mrs. Benzecry. He treated her by prayer
for troubles with her eyes and stomach.
He charged her 81 for the first visit and 81
for each Of the others She testified that
he told her she should take OFF her glasses
II she wanted 10 take the Christian Science
treatment, as they depended upon no ma
terial aids in their cures