Show MRS i KIMBALL IS NOT GUILTY l Christian Scientist Accused jof FaiIingrbRepori Case of Contagious Conta-gious Disease Acquitted by Judge Diehl r j Mrs L H Kimball the wellknown Christian Scientist who was accused of having failed fo report to the BoaTnl of Health a case of scarlet fever of which she had charge was found riOt guilty of violating the quarantine law and discharged when the case wag called i before Judge Dlehl yesterday forenoon In passing upon the case Judge l5lohl held that the case against Mrs Kfm ball appeared to be based on a technicality techni-cality The evidence showed thefde fendant had reported tho case toDr Beer with the request that he report It to the Board of Health That SIrs Klmball did not report the case hi per son after It I had been diagnosed by Dr Beer did not so the court held constitute con-stitute an offense I The case was defended by Attorneys Stephens Jones Snow while the citys Interests were looked after by Assistant City Attorney Schulder The courtroom was crowded with lends of Mrs Kimball and others interested In tho case The first witness called William Farnsworth testified that Mrs Kim ball in the capacity of a Christian Science worker was called by him to attend one of his children who had been taken Ill This was on Friday February 21st Mrs Kimball told him he said not to leave the house as the case was ono that demanded isolation Clerk Horace Smith of the Board of Health said Mrs Kimball did not report re-port the case up to Tuesday February 25th but on that day In a conversation over the telephone she told him she had known the day before that the patient wag afflicted with diphtheria The case was reported Tuesday he said by Dr Beer Drs Beer and ICing were next called the former relating that le was called on Monday to attend tho child and found it suffering from diphtheria and I scarlet fever of about four days de velopment He said he reported the case to the Board of Health and that before he did no Mrs Kimball suggested sug-gested that such action be taken Dr Kingsaid he went to the Farnsworth hOnulJilthd capacity of health commissioner com-missioner to investigate the case and found the patl suffering from both diphtheria and scarlet fever Mrs < Klmball then took the stand In her own behalf saying that when she became cognizant of the fact that the child was Buffering from a contagious disease she summoned Dr Beor who diagnosed the case and reported It to the Board of Health She said she saw no eruptions on the childs body indicative Indica-tive of scarlet foer previous to the day she summoned a doctor I In passing on the case Judge Dlehl said There are two questions to decide de-cide in connection with this case The first Isfrhether or not the defendant violated the law by not reporting the case In person instead of allowing Dr Beer to make the recprt The second question is whether or not she really knew tle case to be one of scarlet fever prior to the day she called Dr Beer She says ahe did not and aq I am not prepared to say that Mrs Kimball perjured per-Jured herself In this connection she will be found not guilty and discharged |