Evening star., 1941-03-29
u. 5. Shaping Up
|C0unterdttack
In Medical Case
Antitrust Issue
Nay 60 to Jury
Thursday or Friday
BY HAROLD b. ROGERS.

BY HAROLD b. ROGERS.
Government prosecutors over the
week end are shaping plans to
launch counterattack against Or
ganized medicine Monday morning,
when they present rebuttal in the
District Court medical conspiracy
trial.
Defense counsel rested provision
ally" yesterday afternoon, and may
have some details to present to the
court when it reconvenes Monday.
But the next important move in the
antitrust trial of two medical
groups and 18 individual doctors for
violating the Sharmen Act will be in
the hands of the prosecution.
John Henry Levin, prosecution
counsel, announced that he expects
to be able to conclude rebuttal testi-
mony in about two hours. The jury,
which was dismissed yesterday un-
til Monday at II am. will hear
the Governments testimony, and
then probably be dismissed while
counsel argue prayers" to the court
requesting instructions to the jury.
Conference in Prospect.
Monday morning probably there
will be a conference of opposing
counsel with Justice James M. Proc
tor in his chambers to adjust final
details of the voluminous documents
admitted into the record of the
case.
There may be brief recess some
time early in the week for counsel
to prepare for final arguments. 1t
is expected each side will be allotted
about day by the jurist for argu-
ment before the jury. The Govern
ment will open, then give way to the
defense, and the Government will
close. 1t is likely the case may
go to the jury late Thursday or
Friday.
If the verdict is acquittal. that
ends the case. The Government
will have no appeal to higher tri-
bunal. But if some or all of the de-
PENDANTS are found guilty, it is be-
lieved they will appeal, to the high
est court, if necessary, in a fight for
vindication. Shortly after the in
dictment was handed down, officials
Of the American Medical Association,
one of the corporate defendants, an
nounced the court battle would be
carried up to the Supreme Court if
the case were lost.
Four Testified Yesterday.
Four persons took the witness
stand yesterday. William E. Leahy,
defense counsel, who has been con.
Quoting examination of witnesses ex-
planned today he did not expect to
put on any of the remaining de-
fendant doctors from Washington.
He had spent some time in present.
ing the testimony of the five de-
fendant national officials of the
American Medical Association from
Chicago. One Washington defend
ant, DR.. PrentiSs Wilson. was put on
the stand this week by his own at
torney, John E. Laskey. Among the
many witnesses were several WASH
ington doctors who were not de-
PENDANTS.
The witness list as court ad-
journed shortly before pm. yester-
day showed that the prosecution had
used 10 witnesses and the defense
A. The amount of documentary
evidence runs into thousands of
pages of documents.
Last witness who appeared briefly
for the defense was Betty Logsdon,
secretary to DR.. j. Ogle Warfield
one of the local defendants, who was
chairman of the Hospital Commit
tee of the District Medical Society,
at the time of the alleged conspiracy
in 1878
First Medical Director Testified.
DR.. Henry Rolf Brown of this city,
first medical director of G. H. A., who
had criticized the administration of
laymen in authority at G. H. A. for
assuming duties belonging to the
medical director, testified later on
cross-examination that at no time
was there any interference by these
laymen at the clinic in regard to the
actual treatment of patients.
Cross-examined by Grant w. Kel-
leher for the prosecution, DR.. Brown
said that in his opinion DR.. Ray
mond E Selders, G. H A. surgeon
who has been an absent but contro-
versial figure at the trial, was quail
fed mot for general surgery, but
only for minor surgery" While say
ing that DR.. Selders had performed
some appendicitis operations at Gar
field Hospital. DR.. Brown said he
personally had been in attendance
at the time of those operations. as
an observer and supervisor. The
Government had charged organized
medicine coerced the hospitals to
keep out Dr. Selders because he was
G. H. A. surgeon.
On direct examination by Mr..
Leahy, DR.. Brown admitted he re-
signed from G. H. A. in April, 1898,
after an illness.
when I was recovering from an
Illness" he testified, Il went to the
Home Owners Loan Corp offices.
There I was told my resignation as
medical director of G. H. A. would
be accepted"
"Who told you that?' questioned
Mr.. Leahy.
The witness replied it was Will
liam F. Penniman, president of
G. H. A. and an official of H. o. L. C.
did you ever have any interfer-
ence with you and your G. H. A.
staff by the District Medical So
ciety?" asked defense counsel.
Rule Barred Selders.
NO" he replied.
Charles D. Drayton, president of
the board of Children's Hospital,
testified that DR.. Selders had not
obtained surgical privileges at the
institution because the hospital had
always had a rule that only men,
bers of the District Medical Society
could belong to the staff. Cross-ex-
amined by Mr.. Levin of the prose-
cution, Mr.. Drayton said the rule
had been reduced to writing in Oc-