Evening star., 1941-02-25
Juror Illness
Halls Medical
Trial for Day
Judge and Attorneys
Confer, Presumably on
Disputed Evidence
BY HAROLD b. ROGERS.

With the antitrust medical trial
in recess for the day because of the
illness of an alternate juror, pros
ecution and defense attorneys con-
ferred with Justice James M. Proc
tor of District Court in his cham-
bers, presumably 10 continue argu-
ments over admissability of contro-
versial records from II local hos
pitals.
The conference was concluded
shortly after noon and the jurlst
took the questions involved under
advisement.
The i'll Juror is Lloyd F. HadaWay.
217 Twelfth street NE, an assistant
theater manager. one of two alter
mates added TO the jury Of 10 men
and women in case of an emer-
gency which might cause the per-
manent absence of regular jrors.
When court convened this morn
ing Justice Proctor announced the
alternate was quite sick" Justice
Proctor then excused the jury until
tomorrow morning.
The four prosecution and six de-
fense attorneys then went to Justice
Proctor's chambers. No official word
was forthcoming, nut 1t was believed
to be a continuation Of the argyll
ment yesterday in court in the tenn
porary absence of the jury. The is
sue is whether further evidence from
local hospitals shall be admitted by
Justice Proctor in an attempt by
the prosecution To tie up the acts
and declarations OF the hospitals
in the alleged conspiracy of organ
lied medicine against Group Health
Association.
Defense counsel strongly opposed
a move by the prosecution TO use
such evidence.
Hot Argument Yesterday.
Argument on this issue waXed 50
hot late yesterday that JuStlce
Proctor allowed prosecution and
defense counsel to run far beyond
the usual adjournment time of Dis
trict Court. He then cut of debate
long before either appeared willing
TO quit.
The prosecution, represented by
John Henry Levin and Grant w.
Kelleher, is asking the court to ad-
nit into evidence further "acts and
declarations" of the hospitals az
coming from "co-conspirators," and
binding all defendants" The de-
PENDANTS are the American Medical
Association. District Medical So
ciety and others, including 20 indl-
vidual doctors. They are charged
with a conspiracy to boycott and re-
strain Group Health Association in
violation of the Sherman Act. This
hospitals are named in the indict-
ment as "co-conspirators," but are
not defendants, it was explained. be-
cause the Government considered
them the victims" of the con-
Spiracy.
Election Of Surgeon Cited.
The defense. whose spoke4nen are
William E. Leahy and Seth w. Rich
ardson. contend that the presump-
ton of innocence rests on the hos
pitals as we'll as the defendants.
They insist that the hospitals had
right TO act under their own rules
and regulations, and that by de-
cision of District Court itself they
have the power to approve or dis
approve a doctor who wants TO prac-
tice medicine or surgery in them.
Mr.. Leahy pointed to court case
where Emergency Hospital. one OF
the so-called victims" or Cocoon
spirators" in this medical case, had
elected a surgeon and been upheld
in its rights to do so.
The Government spent most OF
yesterday introducing documentary
evidence concerning II of the "a
local hospitals, in an attempt to
prove that no Group Health As
sociation doctor was admitted to
courtesy privileges IN his capacity
as a G H. A. doctor in any of the
hospitals, except in one case Of
temporary privileges for emergen-
cieS.
But when the evidence reached
the 18th hospital. Washington Sani-
tarium and Hospital in Takoma
Park. defense counsel objected SO
strenuously, on special grounds, that
Justice Proctor dismissed the jury
and the argument started.