The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-10-22
In Instructions Accused Is
Strongly Scored by Presid-
ing Judge
DISTRICT ATTORNEY
MANN CLOSES CASE
Great Interest Is Felt In Case.
, After Considering 1t Half
Hour Last Night Jury Asked
Time for Consideration

After tieliberation Of thirty min
utes in their room, the Jury IN whose
hands rest the fate of DR.. Boyce D.
Brooker. OF IL West Grace Street.
who has been on trial for the past
four DAYS in the United States Dis
trict Court on a charge Of having vio-
lated the Harrison Drug Act. was ex-
Cused by Judge Edmund Waddill un-
I'll $50 O'Clock this morning, by which
time they will probably be ready to
render a verdict.
Promptly at o'clock last evening
the jury was given the case, and the
twelve men Immediately retired to
their room. Thirty minutes later
they fled into the courtroom, and w
A. Cheatwooi foreman Of the jury
addressed the court, asking that the
jury he allowed to return the verdict
this morning
Mr.. Cheatwood told Judge Waddin
that tbs jurors desired 10 return 70
the hotel for the night 10 talk the
case over. In order that they could
court told the jury to talk the case
over in enc OF the rooms at the hotel
where they were qu8rtered. and TO
make every effort TO decide upon a
verdict before court reconvenes this
morning. The jury will merely find
the accused guilty or not guilty. ana
does not fix the punishment in the
event of conviction, this being in
the province Of the court,
Gist of Case.
The big question berore the jury Is
whether or not DR.. BROKER prescribed
such large amour, OF the narcotics
within the past SIX months in the
course Of his professional duties and
in accordance with the treatment
recognized as proper by his profess
sion. or whether the prescriptions were
issued to the drug hahitues for per-
sonal gain without regarding whether
or not they were In line with the
proper treatment. According TO testi-
mony of experts, the treatment ad-
u!nstered by DIR Brooker to the
drug habitues was out OF the line of
recognized medical practice and tend
ed 10 increase rather than decrease
the craving for the narcotics Whether
or not the Jury will consider that the
accused physician has indiscriminate-
ly prescribed drugs for those I'M
fortunate people is a matter of con-
lecture.
Judges Strong Views.
Judge Waddills instructions may
have much weight with the Jury. In
closing ne said:
For my part, and subject to your
right To determine the facts as atore-
said cannot. however. forhear to
say, that | feel that I would be dere-
lict in my duty as Judge II | did not
say that from my view of this testi-
mony that the same points irresisuhly
and unerringly 70 the absolute guilt
of the accused"
II took only a short while yesterday
morning to complete the evidence in
the case. and shortly after court had
reconvened at o'clock arguments
were begun.
Assistant District Attorney Hiram
Smith opened for the government. and
reviewed the evidence given during
the past four DAYS. ending with an
earnest plea for conviction. Alfred
Cohen openeu for the defense and was
followed by william NJ. Justis. both
of whom put UP able arguments in
behalf OF their client Mr.. Cohen re-
viewed the evidence while Mr.. Justis