Evening star., 1940-06-14
Doctors Plead
Not Guilty in
Monopoly Case
!.
Freed Without Bond
At Hearing; TrioI
In Fall Likely
BY HAROLD b. ROGERS.

VIC 01cAhAoh AIlII~ IuSI Mt Dc>
cause of their opposition to Group
Health Association here.
IN view of the fact some pre-
iminary motions are expected from
the defense and court will adjourn
for the summer vacation at the
end OF this month it was consid-
cred likely that the trial would
take place in the fall term of court.
Appearing in persons before Justice
James M. Proctor, who heard the
original proceedings in the medical
case and had ruled in favor of the
doctors, the defendants were in the
courtroom for less than half an
hour.
They lined up in a large semi
circle before the bench, pleaded
mot guilty" one at 4 time and
later took the formal oath on per-
sonal bond, by which they are re-
leased on their own recognizance
without having to post bond.
First Personal Appearance.
1t was the first personal appear
ance Of the defendants before the
court. They had been represented
by counsel in previous court pro-
cedure iniated by Federal indict-
ment here in December, 1888. Twice
the case had gone to the United
States Supreme Court, which refused
10 review preliminary phase OF the
controversy and remanded 1t to
District Court for trial.
Counsel for defense were under
stood to be conferring on a possi-
bility of filing a motion soon for a
bill of particulars. Justice Proctor,
In his previous decision holding the
practice of medicine was not trade.
and therefore the medical profess
zion could not be held for violation
of the Anti Act. had criticized
the Indictment as vague and lacking
In particulars
Justice Proctor's decision, however,
was reversed by the Court of Appeals,
which held that medicine was trade
within the meaning of the act.
The first appeal carried to the
supreme Court was by Government
counsel. who asked review of Judge
Proctor's decision before the case
had been acted on by the Court of
Apeals. This appeal was denied.
After the Court of Appeals ruling
the defense asked the Supreme Court
to review the case. but. refusing A
writ OF certiorari, the high tribunal.
remanded the case for trial on its
merits.
All the defendants except one,
who has died, appeared to plead not
guilty. He was DR.. Thomas Allen
Croover.
DR.. Yater Appears Late.
One Of the defendants. DR.. WAL
lace Mason Yater. was late. He said
he had been detained by a seriously
III patient.
Two of the defendant organisa-
tions were represented by doctors
who, however. were not individual
defendants. They were DR.. John H.
Lyons. who pleaded not guilty for
the Medical Society of the District
Of Columbia, and DR.. Hugh c. Welsh
Of Houston, Tex, who is secretary
of the Harris County Medical So
ciety.
Pleading for the American Medi-
cal Association was DR.. Olin West,
secretary and general manager of
the association, who also is a per-
sonal defendant. The Washington
Academy of Surgery was repre-
sented officially by DR.. John Ogle
Warfield, jr., who also is an indi-
vidual defendant.
The other defendants include:
From the American Medical As
sociation: DR.. Morris Fishbein, edi-
tor Of the journal of the A. M. A.;
DR.. William Creighton Woodward,
director of the Bureau of Legal
Medicine and Legislation; DR.. Will
liam Dick Cutter, secretary of the
Council on Medical Education and
Hospitaus; DR.. Roscoe Genung Le-
land, director of the Bureau OF
Medical Economics.
From d. C. Medical Society.
From the Medical Society of the
District of Columbia: DIR. Arthur
Carlisle Christie. Dr. Coursen Bax-
ter Conklin. DR.. James Bayard
Gregg Custis, DR.. Robert Arthur
Hooe, DR. Leon Alphonse Martel, DIR.
Thomas Ernest Mattingly. DR.. Fran
els Xavier McGovern, DR.. Thomas
Edwin Neill, DR.. Edward Hiram
Reede, DR.. William Mercer Sprigg,
DR.. William Joseph Stanton, DR..
Prentiss Wilson and DR.. Joseph
Rogers Young
The prosecution counsel was head
ed by John Henry Levin of the
Justice Department. Appearing with
him at the bench was United States
Attorney Edward M. Curran.
The defense counsel included Seth
w.. Richardson, william f. Leahy,
Charles S. Baker and John E.
Laskey.
The indictment returned in 1898
outlined the charges against the
defendants in a document Of n
pages. This document also named
IL Washington hospitals. It was ex-
planned. however, that the hospitals
themselves were not defendants.
Organized medicine was charged
with 4 conspiracy and restraint of
trade not only against Group Health
Association itself and its doctors, but
also in restraint of the Washington
hospitals.
Group Health Association, which
was started in the Home Owners
Loan Corp, spread to many parts of
the Government and is still operat-
ing. with a clinic in tine 1900 block
of street and an annex elsewhere
It has about 5000 patients on its
rolls, including actual members and
their families. 1t provides medical
care and disqualification.
Bond Concert
BY the United States Soldiers