The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1914-02-13
DOCTOR CONVICTED;
new TRIAL ORDERED
Supreme Court Reversed Judge
Walters
Boise Statesman)


of causing the death of Miss Glare
F. Foy, by process Of starvation
and who was given sentence of six
months to 10 years in the peniten.
tiary, is to have new trial. The
judgment of the lower court is re-
versed in an opinion handed down
on Saturday, an opinion written by
Chief Justice Ailshie and fully con-
cured 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 were called in to
pass upon the wisdom of Smith S
treatment of the case.
WnaC ftecOfUS snow
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 practising G
osteopathy in King Hill; that he un-
dertook to cure the patient by de-
priving her of food; that she tasted
for 40 days and then died after other
physicians had been called in by
friends, who had lost confidence in
the starvation treatment.
AS to the information filed against
DR.. Smith the court says in it's opin-
ion handed down on Saturday
''In the case at bar, it will be dis
covered at glance that the prosecut-
ing attorney did not pretend to state
how or in what manner, or by what
means the appellant committed the
crime of manslaughter. He simply
charges that he did unlawfully and
feloniously kill one Clara F. Foy.
This is sufficient far as it goes. 1t
charges the defendant with the COM
mission of homicide. The statute
requires more. 1t requires "a state
ment of the acts constituting the Of
fense in ordinary and concise Ian
guage.'
No Starvation Shown
No one would suppose from read
ing this information that the prose-
cutting attorney expected to convict
the defendant upon the charge of hav-
ing had a patient under his care and
attention and having starved that pa
tient to death in course of a medical
treatment. No one would surmise
from this information whether the
prosecutor intended to show that
death by starving was the result of
an experiment or an intention to
take the life of Clara Foy, or was the
result of ignorance and criminal
carelessness. We find, however,
4 from the record in the case, that as
a matter of fact, the prosecution at
tempted to establish the defendants
guilt by proving that he undertook
the treatment of one Clara F. Foy
for some real or imaginary ailment
and that he sought to effect cure
by having the patient fast and that
this treatment was kept up too long
and the patient finally died. In other
words, he has been convicted of
criminal negligence and ignorance.
Shows Meaning Of the Law
"To our minds, this case we'll illus
strates the purpose and meaning of
the statute. A defendant before be-
ing placed upon trial for his life or
liberty is entitled to be apprised not
only of the name of the offense with
which he is charged, but, in general
ferms, of the manner in which he is
charged with having committed the
oifense. The statute is plain and ex-
Illicit in this respect"
When Doctors Disagree
But the chief point raised by the
court is that of prejudice and passion
ON the propriety of calling in men
pass upon the merits of a physi-
clan, who are known to be bitterly
antagonistic to that particular school
Of medicine. On this point the court
says;
"It was clearly erroneous for the
court to permit physicians Of diff
ferent school to testify as experts in
case of this kind as to the correct
ness and professional skill of the
treatment administered. 1t appears
that appellant herein was a duly IL
censed osteopathic physician and that
he professed to treat patients under
the methods and practices of that /
school and not in accordance with
what is known as the regular or allo-
pathic school or any other school for