Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-10-29
EXPERTS TESTIFY
As TO 'OXYPATHOH"
IN FEDERAL COURT

| nesses In United States district court
In this city to-day in the case of Ell
ward l.. Morse of Buffalo, vice-presl-
| dent and general manager of the Oxy-
| pathor company, who Is under indict-
ment for using the mails for fraudu-
| lent purposes The main purpose of
calling the majority of the federal
witnesses was to prove that the oxy-
pathor, which Is metal device adj
Vertlsed to cure all diseases by in
| creasing the amount Of oxygen taken
! into the body, has no action on the
! human system
Attorney Ray t. stanley Of tho re
spondents counsel interposed many
| opJectlons to the questions asked by
District Attorney Alexander Dunnett
ana TOOK exceptions to n large num-
Der OF the rulings of Judge James L.
Martin or Brattleboro. once the court
! remarked that the trial must proceed
rapidly that election comes next
/ week and tho case must be finished
TINS week II the court has to work
nights TO accomplish 1t. The respon-
dents counsel have summoned &c wit
nesses and claim to have the deposi-
uons or 90 more, covering 1900 type
| written pages, They will bring
among others three persons alleged
10 nave been cured of infantile par
alysis to testify, 1t is stated The
state subpoenaed about 25 witnesses
| n. b. Bosworth an official of the Zero
waive company of Buffalo. which manu-
factures the oxypathors for the Oxy-
pattor company, was the first witness
to-day He gave the following statement
or the number manufactured in each
or the past six years: 1902 SOS; 1910, 1859;
1911, 121S; 1912, 1888; 1913, 5000; 1914 to
date. 1901.
DR.. benjamin d. Adams of Burlington
tod or buying an oxypathor of Harry j.
| Preston of Burlington the State agent
and delivering It to the State laboratory
Of hygiene in Burlington. Hugh L.
Thompson a chemist formerly Of the
laborat ory, testified to making a critical
examination of the oxypathor. both
chemically and to determine whatever
force, II any, 1t might exert He found
no traces of electric current. magnetic
nor radio activity. The powder found in
the cylinder CT the apparatus contained
carbonaceous particles, silicate and lime
among other things. he said. n other
words, II was n crude inert mixture of
coke dust kaoln. lamp black and iron
filings. He thought that this filling
would have no more effect toward caus-
Ing action OF the instrument on the
human body than so much sawdust.
At this point. following discussion as to
the admisslhilitY of certain questions At
torney Stanley handed Judge Martin sew
eral citations which, he claimed bore
out his contention that the opinions Of
experts, basing their Judgment upon
chemical analyses and the like, do not
have the force in cases Of this kind of
the testimony OF witnesses who have
actually tried apparatus under dis
cusslon.
The district attorney read TO the jury
extracts from the book of directions
which goes with the oxypathor. This
claimed, among other things that the
instrument greatly stimulated circula-
ton of the blood by compelling It to
take an increased supply OF oxygen
from the air, that intenslfes lie
processes; that In all acute ailments 1t
IS positive In It's curative results.
DR.. h. II. Stone, director Of the Yer
mont state laboratory at Burlington,
was an important witness for the de-
Tense. He testified to analysis of the
loXypathor. made ut the laboratory, and
stated that he believed it was entirely
impossible for the device to cause the
blood to increase the amount of oxygen
taken from the air He thought the
instrument had no force on the human
body. Attorney Stanley asked him two
or more long Hypothetical questions, in
one of which he presupposed that boy
who had been long paralyzcd in one leg
after an attack of infantile paralysis
and had not responded to other treat
ment and heen able to walk five months
after using the oNypathor. In such a
case as this, the attorney Queried what
would the witness say about the effect
of the oXypathor. DR. Stone said that,
knowing what he did of the apparatus,
he would say that the LESSONS of the
cords of the limb had been removed by
nature. He could not believe that the
oXypathor worked on even such a case
as this until he knew how it work ed.
Counsel for the respondent won a
point here when he got the witness to
admit that the therapeutical value of
any drug was generally determined by
Application to the body or being given
internally, not by chemical analysis.
DR.. Allison w. Slocum, for q years pro-
lessor of physics at the University of
Vermont, Burlington, testified to having
examined the oxypathoI from the stand
point of a physicist. He found no trace
that any disCoVerable force was exerted
by 1t. lie admitted on cross-eXamnatiol
, that new theories are constantly being ad-
mittcd and old ones put into disuse in
chemistry and physics If 1t We're possible
to Increase the affinity of the human body
for oxygen more would be absorbed. He
thought that some of the phrases in the
oxypathor book of directions implied that
an electrical action might be expected,
Charles +. Parker and William e. Col
Inns, chemists, and DR. Lyman J. Briggs.
physicist, in the United States department
OF agriculture at Washington, ID. c..
testified to making analyses Of the oxy-
pathor and finding it inert. In addition
to other substances previously testified
to In the powder the government men
found anthony, sulphur. alumna, am
monia and chlorine
Miss Nj Agnes Wolcott OF Jamaica, VT ,
testified to receiving certain letters from
Mr. Moses, the respondent.
i The government called j. +. Kidder of
Burlngton and Il dozen other Vermonters
who testified that they Lad used Oxypath-
ors for infantilc paralysis and other dis
eases without Improvement The prose-
cutlon rested tonight
DIED IN CARRIAGE.
Francis Hoyt, resident of Craftsbury
Of h.. l,nt,,