The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-10-15
FAITH HEALER IS
GRANTED A NEW
TRIAL BY COURT
Christian Scientist Wins after
a Legal Battle Lasting
Four Years.

ALBANY. Oct. 14-Willis Vernon
Cole, tho New York city Chrisua4
Science practitioner who for four years
has been fighting his conviction Of
the illegal practice Of medicine was
granted new trial by the court Of
appeals. Tho decisions Ia regarded
aB substantial victory for the Chris.
tlan Scientists.
The court in substance decided that
while the practice OF Christian Science
in the treatment OF bodily Ills would
have come under tho definition Of the
practice Of medicine, the exception
contained In tho medical license law to
the effect that Its provisions should
not prevent the practice Of tho re-
ligiOus tencts OF any church" was
broad enough to include the methods
used by tho followers OF Christian
Science and therefore exempted them
from the requirement OF passing mcdi-
cal examinations and being admitted
to practice as physicians,
COnCurrcd In by All Judges.
All the judges concurred in the
opinion, which was written by Judge
Chase. Judge Bartlett in 4 memOran-
dun with which he supplemented the
general opinion said
But ! would go further. deny
the power Of the legislature TO make
II crime to treat disease by prayer"
Judge Chase had said that It could
not be regarded az a crime of itself
TO treat disease by this method.
Mr.. Cole was convicted in 1912 Of
the Illegal practice Of medicine and
was fined 800. He was a sculptor and
poet before becoming a Christian
Science practitioner at 225 Fifth ave
nue.. Mr.. Coles conviction was OBJ
taIned Largely on tho testimony Of Mrs.
Frances Ben2ecry. an agent for the
New York County Medical Society. The
Christian Scientist was defended In
police court by William Travers Jer-
ono and in general sessions by Sam
uel Untermyer.
The opinion Of Judge Chase reyers-
ing the Judgment and ordering a new
trial had these important comments:
"Pructiclng medicine when unac-
Companied by acts that are in thcm-
selves evil. vicious. or criminal Is not
medicine Is not nahum in Sc.
II II lUlIluilHul III llle lHltTtSlS ul
public health and public welfare that
n person holding himself out ms Il ply
sIciRn or healer Of diseases should
have the education. training. skill and
knowledge adequate for such purpos-
cs.
Charge 70 Jury Held An Error.
"a person should not be allowed to
assume to practise the tenets Of the
Christian Science or any church as a.
shield to cover 4 business undertake
ing. When a person claims TO be
the religious tencts Of any
church, particularly where compensa-
tion is taken therefor and the prac-
tice is apart from the church ediflce
or the sanctity Of the home Of the
applicant, the question whether such
person is within the exception should
be left to n Jury as a question Of fact
"In this case the court charged the
jury. II Won find from the evidence
in this case that this defendant did
engage in the practice Of medicines
as alleged in the indictment. within
the definition which have given to
you. it is no defence that he did what
he did from any sense ~ duty or that
he did these acts In the practice of a
religious tenet of the Christian Science
church. We are OF the opinion that
the court was in error in so charging
the jury"