Evening star., 1923-09-18
TRY ARMY DOCTOR
UPON MALPRACTICE
CHARGE BY SOLDIER
Court-MartiaI Hears TeSti-
mony of Patient Against
Mai. George w. Cook.

Mai. George w. Cook, Medical
Corps. United States Army, today
went on trial before general court;
martial at the Munitions building
charged with malpractice. in viola
ton of the 96th article of war, in
corr ection with the amputation OF
be tn legs of Private Guy Pendleton,
row a patient at Walter Reed Hospi-
tai here.
Capt Samuel c. Gwynn. similarly
charged by the government, VIII
also be held by court-martial upon
the conclusion of Maj. Cooks trial.
A new court-martial will be detailed
shortly. it is understood, by the Sec
retary of War.
witnesses at Maj. Cooks trial have
been called from Fort Eustis, Va.
Panama and Walter Reed Hospital.
The trial, according to those close
to the court, is expected to last from
ten days to two weeks.
Lose Motion to Dismiss.
Following failure of the court to
sustain a motion by the defense to
dismiss the case, most of the morn
ing session was occupied by testi-
mony OF Private Pendleton concern
ing his injury. and hospital treatment
at Fort Eustis.
Mai. Cook IL charged by the gov
ernment with twelve separate speci-
fications, including failure to have
the patient properly treated and fail
ure to have him removed 20 general
hospital and also failure to notify his
parents that the boy was dangerous
ly i'll and In a critical condition
Mai. Cook was commanding officer
of the station hospital at Fort Eustis
when the accident occurred on Au-
gust 2, 1922, when Private Pendle-
ton, in an accident between a motor
cycle and an automobile, suffered in
juries to his legs. He was treated at
Fort Eustis, and later removed to
Walter Reed Hospital here, where his
legs were arnputated.
The case was brought to the atten-
tion of the inspector general of the
Army, Maj. Gen. Ely A. Helmick, and
Surgeon General Ireland, with the re-
suit that a court-martial was ordered.
The court-martial was detailed by the
commanding general OF the District of
Washington, Brig. Gen. H. H. Band
holtz.
Argues Vague Charges.
Capt. Gwynn, who is to be tried fol-
lowing Maj. Cook, was in charge of the
surgical department at the hospital.
He is now retired from the service and
is living in Washington.
Capt. Knowles, for the defense.
maintained the case should be dis
reference to law, rules or regulations
concerning duties of commanding Of
ficer of hospital had been made.
Were these charges before a civil
court" said Capt. Knowles, they
would not be entertained for a moment
upon a demurrer. There must be some
basis, some definite statement as to
the duty of such an officer. These
charges are irregular and misleading
Capt. Biddle, for the prosecution
charges as drawn were sufficient for
the military court under the articles
of war, specifically article 96.
Personnel of Court.
Capt. Humphrey Biddle of the judge
advocate generals office, in charge
of the prosecution. was assisted by
Lieut.. Courtney Whitney, air serv.
Ice, and Maj. Albert w. kenner, Med
ical Corps.
The defense was represented b,
Capt Bert H. Knowles, Quartermas.
ter Corps; Capt. Frank P. Strome
Medical Corps; Maj. Raymond E
Scott Medical Corps. and Lieut.. How.
ard II. Perry, jr., infantry.
With Col. Henry C. Bonnycastle
Quartermaster Corps. as president
the court consisted of Col. Earle w
Tanner, infantry; Lieut.. Col. Peter C
Field. Medical Corps; Lieut. Col. Johr
G. Winter. cavalry: Maj. William H
Garrison, jr., air service; Maj. Henry
&C. Pillsbury, Medical Corps; Mai. Ed.
ward NJ. Welles. jr.. Medical Corps
Lieut.. Col. Walter r. Pick, Veteri.
nary Corps, and Capt. Gilbert Wool.
worth, judge advocate generals de.
partment. law member. .s.
Lieut.. Col. Herbert L. Evans, Quar-.
termaster Corps. who was detailed tC
sit in. the court, was excused or
peremptory challenge of the govern.
mont. while Lieut.. Col. Matthew a
De Laney, Medical Corps. was ex,
cused on peremptory challenge of tn.
defense, leaving the court consist
ing of nine.