Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1914-02-13

/ o Q g g % o o @ Q Q Q Q Q . o o
Boise. Feb. s,-Dr Charles C.
Smith. Che osteopath convicted before
Judge Walters of causing the death of
Miss Clara f. Foy, the principal of
the King Hill schools. by process of
starvation. and who was given a SEN
tence Of six months to 10 years in the
penitentiary is to have a new trial
The judgment Of the lower court is re-
versed in an opinion handed down on
Saturday, an opinion written by Chief
Justice Anshie and fully concurred in
by Justice Sullivan and Stewart
/ Two important points are raised by
the supreme court as the basis for the
reversal of the trial court Judgment
One Of these is that the information
filed against Smith by W. L. Harvey,
the prosecuting attorney of Elmore
county was not sufficiently specific,
and the other was that physicians of
an opposition school We're called in to
pass upon the wisdom of Smiths !
treatment of the case
What Records Show.
The case has aroused deep interest (
throughout the state. The record of
the case shows that Miss Foy who
was suffering from Indigestion ap-
piled to Dr. Smith who was practicing
osteopathy in King Hill; that he I'M
dertook to cure the patient by depriv-
ing her of food; that she tasted for 40
days and then died after other ply
sicians had been called in by friends
who had lost confidence in the star
walton. treatment
As 70 the information filed against
DR.. Smith the court says in its opin-
ion handed down on Saturday:
TN the case at bar, it will be dis t
covered a. a glance that the prosecut-
ing attorney did not pretend to state /
now or in what manner or by what t
means the appelent committed the a
crime Of manslaughter He simply o
'harges that he did unlawfully and S
eloniously kill one Clara f. Foy.' This e
$ sufficient as far as it goes 1t d
harges the defendant with the COM a
mission Of a homicide The statute S
equlres more. 1t requires "a state Il
nent Of the acts constituting the Of s.
ense in ordinary and concise Ian
uage.' Il
No Starvation Shown. sc
No one would suppose from read 81
lg this information that the prose- in
uting attorney expected to convict 90
ne defendant upon the charge of hlv- III
lg had a patient under his care and
ttention and having starved that pa en-
ent to death in course of a medi ,al in
eatment. No would surmise from in
lie information whether the pr,-e- la,
itor intended to show that death by TT
arriving was the result of an expert di'
ent or an intention to take the life ar
Clara Foy. or was the result of m'
norance and criminal carelessness. an
e. End, however. from the record in sci
e case, that as a matter of fact. the ini
osecution attempted to establish the pit
PENDANTS guilt by proving that he The
dertook the treatment of one Clara ma
Foy for some real or imaginary ms
ment and that he sought to effect he
cure by having the patient fast and thr
u the treatment was kept up too Tn
y and the patient finally died. In eql
her words he has been convicted Of
minal negligence and ignorance. he
Shows Meaning Of The Law. SUI
To our minds, this case wen illus of
ties the purpose and meaning Of the gro
tute a defendant before being ed.
eed upon trial for his life or lib I W
y is entitled to be appraised not out
y Of the name Of the offence with ity
ich he is charged. but. in general wit
ms, of the manner in which he is diel
irged with having committed the TIL,
snse. The statute is plain and ex- pris
,it in this respect" pit
When Doctors Disagree. GO
tut the chief point raised by the thei
rt is that of prejudice and passion T
n the propriety of calling in men owe
pass upon the merits Of a physician sull
b are known to be bitterly antaso- in
ic 30 that particular school of late