Evening star., 1941-04-03
Defense Counsel Calls
A. N. A. Acts Justified
AS Case Nears Jury
Right Of Presumption
Of Innocence Stressed
In Closing Argument
BY HAROLD b. ROGERS.

by nAnOLD ID. hOUEhS.
Painting an eloquent word picture
of the medical profession as pro-
tector of the public health, William
E. Leahy told District Court jury
today that whatever acts were
taken by organized medicine in re-
gard to Group Health Association
were justified in the interests of
public health, authorized under the
Constitution, and could not be con-
strued as an illegal conspiracy.
The defense counsel for 2 medical
groups and 18 doctor defendants
launched into a final three-hour
plea for acquittal of his clients from
charges of boycott against G. H. A.
In violation of the Sherman Anti
Trust Act.
Mr.. Leahy took up one by one
the cases of five different patients
who the prosecution had charged
were denied proper care at Wash
ington hospitals because they were
connected with G. H. A. In detail
he reviewed the rebuttal testimony
to show that no patient was re-
fused treatment by hospital doctors
and attendants, but were refused
only the services of DR.. Raymond
Selders. DR.. Selders had been re-
fused admittance to the hospitals,
the defense counsel charged, be-
cause he was incompetent" to per-
form the wide variety of operations
for which he had asked privileges.
Case to Jury Tomorrow.
Prosecution was planning to close
argument in the case with rebuttal
this afternoon by John Henry
levin, who had hour and Is min
utes remaining for this purpose
Justice James NJ Proctor planned
to instruct the jury tomorrow morn
ing when court opens at 10 o'clock
and give the case to the jury before
noon.
Mr.. Leahy stressed the right of
the defendants to the presumption
of innocence. He charged that the
prosecution had distorted" evi-
dence. and declared this entire case
Is built on circumstances"
The American Medical Associa-
ton, one of the two corporate de-
PENDANTS, Mr.. Leahy said, sponsors
plans now for prepayment medi-
cine, but it also keeps a close watch
on medical care throughout the
country and informs the medical
profession of developments.
Articles Author Defended.
On this point MIR. Leahy claimed
that DR.. William c. Woodward, for
mer director of the A. M. A. bureau
of legal medicine and legislation,
was only performing his right and
duty when he wrote an article con-
cerning G. H. A. published in the
Journal of the A. M. A.
Part of the duties of the A. M
A" he explained, lis that when any
organization crops up in the coun-
try purporting to take care of the
public health, it must be investi-
gated, so the A. M. A. can report to
its members what the new organi-
zation plans to do.
"The well-informed opinion of the
United States" Mr.. Leahy declared,
knows that the A. M. A. does not
put its stamp of approval upon any
institution which has the slightest
suspicion lodged against it, either in
respect to the service it renders, the
plant 1t maintains, the staff which
operates it. We have no apologies to
make on that score"
Grant w. Kelleher, special assist
ant to the Attorney General, sum-
married the case for the Govern
ment yesterday, winding up with
the charge that the doctors were
actuated by economic motives to
boycott G. H. A. because of the
competition it offered to the private
practice of medicine.
Mr.. Leahy, who followed. coun-
tered this charge by praising the
high motives and ideals of the med
ical profession.
Mr.. Leahy replied to Government
charges that organized medicine had
put pressure on the hospitals by
praising the character and indie
pendence of the men behind the
hospitals. He said:
Here our hospitals are manned by
administrative boards of the ablest,
best-known, most civic minded men,
who give their time freely to keep
the hospitals going. They are also
manned by experienced surgeons
who don't get single farthing for
their services. So every one of these
fine civic-minded men were all con-
spirators. I'd like to see this crowd
treferring to the prosecutionD put
them on tough spot, impose on
them, coerce them into doing any,
thing they didn't want to do"
Social Problem Charged.
Mr.. Kelleher opened his argument
by declaring the Committee on the
Cost of Medical Care had found that
only the well-to-do get adequate
medical care, while the needy OF
the Nation do not get enough. He
quoted extensively from figures of
the majority report.
G.. H. A. had been organized to
give medical care to Government
workers, Mr.. Kelleher pointed out,
declaring the plan had a right to
serve its members. But the District
Medical Society, he charged, made
changes in its constitution directed
specifically against G. H. A. so as
to make the society's white list
act to prevent society members from
consulting with G. H. A. doctors,
and to keep G. H. A. out of hospitals.
Mr.. Kelleher charged the District
Medical Society was influential on
seven different doctors, preventing
their joining G. H. A., or getting
them to resign.