Evening star., 1941-02-05

be advised when the physician ap-
peared in court.
In its motion TO strike. the de-
fenSe said portions of the indictment
are vague, indefinite and uncertain
conjectural conclusions and should
be treated AS surplusage and disre-
garded."
Sections, the motion said, are "in-
ferentially stated with material facts
omitted. smack of a highly -colored
argumentative discourse against de-
PENDANTS"
Several prospective jurors claimed
exemption on some of the points
raised as Justice Proctor inquired
about their relation to the medical
profession and possible connections
with Group. Health Association.
Seventy eight persons were called
as prospective jurors in the three
panels.
There was some laughter in the
court room at some of the ques-
tiOnS.
It's all right to have a little hui
NOR" Justice Proctor said after one
incident, but let's not have out
bursts like this"
The defendants include IS WASH
ington physicians and 5 from Chi
cago Under special agreement
with the jurist, the defendants will
be allowed to come and go at will
during the course of the trial.
Defendants in Case.
The defendants are: The Ameri-
can Medical Association. the Medi-
cal Society of the District of CO.
lumbia. the Washington Academy of
Surgery, the Harris County CTex)
Medical Society and these individ-
uals:
From the American Medical As
ISOLATION: DR.. Morris Fishbein.
editor of the Journal of the A. M
A; DR.. Olin West, secretary and
general manager; DR.. William
Creighton Woodward. former dlrec-
tor of the Bureau of Legal Medicine
and Legislation, DR.. William Dick
Cutter. secretary of the Council
on Medical Educa ton and HoSpi-
tails, and DR.. Roscoe Genung Leland.
director of the Bureau of Medical
Economics.
From the Medical Society of the
District of Columbia. these officers
and former officers: DR.. Arthur
Carlisle Christie. DR.. CourSen Baxter
Conklin, DR.. James Bavard Gregg
Gusts, DR.. Robert Arthur Rooe,
DR.. Leon AlphonSe Martel, DR..
Thomas Ernest Mattingly, DR..
Francis Xavier McGovern. DR.
Thomas Edwin Neill. DR.. Edward
Reede. DR.. William Mercer
Sprigg. DR.. William Joseph Stanton,
DR.. John Ogle Warfield. jr.: DR..
PrentiSs Wilson. DR.. Wallace Mason
Yater and DR.. Joseph Rogers Young.
Originally there had been 81 de-
PENDANTS. but one, a specialist of
this city. died.
A distinguished group of counsel
was arrayed in court, with the
prosecution represented by a staff
from the Justice Department, and
the defense represented by attorneys
from Chicago and Washington.
Various estimates were put forth
as to the possible length of the trial
but all parties appeared to think it
would run TWO or three months.
Government counsel from the JUS
tice Department Antitrust Division
onnnIr0anG thoy- 10
presentation of their opening state
ment to the court as soon as the
jury was charged and would prob
ably take up two or three hours. The
statement will be made by John
Henry Levin and by Grant w.
Kelleher. both of whom are special
assistants TO the Attorney General,
with experience in anti trust litiga-
ton. After the opening statement.
the prosecution plans to lay its case
before the court and jury with a
mass of evidence and testimony from
many witnesses. Following this the
defense will present its case. de-
pendent in length upon the amount
of material and argument presented
by the prosecution.
Mr.. Levin, who is native of Balti-
more. and Mr.. Kelleher. who came
from Montana will be assisted by
Walton Allen. George Haddock.
Compton Timberlake and Edward j.
Hickey, all counsel of record in the
case
The defense is represented by
Edward M. Burke of the American
Medical Association of Chicago:
Seth w. Richardson. former as