Evening star., 1941-03-08
Medical Trial
Is in Recess;
Defense Begun
a of ~ Defendants
Are Acquitted by
Directed Verdict
By HAROLD b. ROGERS.


made plans to resume testimony
Monday in District Court. The case
Is In recess over the week end.
After two corporate defendants
and two individual physicians were
freed yesterday by directed ver-
dict, Defense Counsel William E.
Leahy put on the stand several wit
nesses with testimony designed to
answer Government charges that
the defendants had conspired to
restrain Group Health Association,
medical cooperative.
Those acquitted when Justice
James M. Proctor sustained defense
motions for directed verdicts in their
behalf were DR.. j. Rogers Young of
Casualty Hospital, Dr.. Leon A. Mar
tel, who is on the staff of George
town University Hospital; the Wash
ington Academy of Surgery and
the Harris County (Tex0 Medical
Society.
Still facing trial are the American
Medical Association, the Medical So
ciety of the District of Columbia,
five doctors of the A. M. A. at Chi
cago and 13 Washington physicians
and surgeons, a total of 20 de-
PENDANTS.
Defense testimony yesterday was
directed principally to the cases of
four G. H. A. patients who had pre-
viously testified for the prosecution
and have complained that hospitals
in Washington had refused to allow
them the services of their own sur
geon, DR.. Raymond E. Selders of
@. H. A.
These patients, according to de-
fenSe testimony, had been refused
the services of DR.. Selders, but they
had refused to accept the proffered
services of other physicians who had
hospital courtesy privileges. In
some cases, the defense testimony
showed. the patients had left the
hospitals in disregard of the advice
of hospital physicians who recon-
mended they remain.
The prosecution had laid before
the jury testimony from several
patients in an effort to prove their
charge that organized doctors had
conspired in violation of the Sher-
man Antitrust Act to restrain"
G. H. A., its doctors, patients and
others. by keeping G. H. A. out of
the hospitals,
When court adjourned yesterday
the case of Miss Elizabeth Tew,
G.. H. A. appendicitis patient, was
still under consideration, with DR..
H. F. Kreuzberg of Garfield Hos
pital on the stand.
DR.. Kreuzberg testified that in
his opinion Miss Tew's case OF ap-
pendicitis was not acute enough to
require an operation. DR.. Thomas
J. Dugan, jr, formerly an inferno
at Garfield, testified he had
diagnosed the case as not acute,
and had said DR.. Selders could not
operate since the case was not an
emergency. The patient had been
administered morphine, he said, and
was moderately groggy.'
After conferences with other doc
tors in authority in the hospital
DR.. Dugan said he had told both
the patient and DR.. Selders that
the G. H. A. surgeon would not be
allowed to operate because he did
not have courtesy privileges.
DR.. Dugan said he offered Miss
Tew the services of any surgeon on
the staff of the hospital or any
doctor she cared to choose from
any one on the courtesy staff, but
she refused. She insisted she want
ed DR.. Selders and would leave the
hospital. DR.. Dugan said he ad-
vised her against leaving. She in
sisted, and refused to sign a re
lease" absolving the hospital from
responsibility. He then read the
release" to her, in the presence OF
four people. He said he told her
he was sorry that I'VE are both in
this mixup," and advised she should
go home put an icebag on her
abdomen, rest in bed and get some
doctor not connected either with
G.. H. A. or Garfield Hospital
Prosecutor and Judge in Exchange.
On cross examination by John
Henry Levin, DR.. Dugan said he
differed with DR.. Selders, who had
pronounced the case as acute"
needing an emergency operation.
During further croSs-eXamination
of the witness, on the extent Of her
illness and the effects of morphine,
Justice Proctor said he thought the
prosecutor was going zoo far in his
examination. Mr. Levin declared
there was no use in asking more
questions and sat down. Justice
Proctor said he expected his rulings
to be respected and not followed by
a "disrespectful remark" Mr.. Le-
win felt the ''reprimand" was un-
fair to both himself and the case,
whereupon the jurist declared, "You
have brought it upon yourself"
Miss Isabel Kanfoush, formerly
nurse at Emergency Hospital, testi-
fed regarding the case of Mrs. Har-
riett A. Austin, 70, Chevy Chase, who
had been struck by an automobile,
taken to Emergency Hospital and
later removed to her home after
services of DR.. Selders had been
denied her. She said the patient
had been examined by three doctors
and a nurse. and the examination
showed possible fracture of the left
hip. DR.. Selders was refused per-
mission to treat her, the witness
testified, but Mrs. Austin refused
disqualification and left" This was
introduced into the record, Defense
Counsel Leahy explained, In answer
to testimony of the prosecution wit
ness that nothing had been done
for her"
Earlier in the day defense wit
nesses had testified that DR.. Selders
had been refused permission to
operate on Charles G. Hardin, jr.,
at Sibley Hospital, as he was not
on the courtesy list, and because
arrangements had been made with
the hospital for the operation to be
performed by DR.. Louis B. Bachrach,
who operated.
Defense records in the case Of
Miss Sara Abbott, traffic accident
victim. who was first sent to Emerg-
ency Hospital, then removed to Gar
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