Show OPEN LETTER TO JUDGE ZANE DR BENEDICT RESENTS TIIE THE imputation OF recklessness AND DEFENDS nis HIS OWN ACTION AND THAT OF DB DR ANDERSON after testifying in open court as to B Y Ham hamptons physical condition which I 1 had written and signed the day previous I 1 awaited the pronouncing of sentence on defendant the I 1 then made was made in good faith with all honesty of purpose and without fear tear or favor either of yourself or any other person that affa affidavit avit stated that I 1 had perso personally nall nali and professionally known confor ton for the space of fifteen years and that during that period of ol time I 1 was thoroughly cognizant of this physical physical physic af cond condition coldmon Mon eon not only that but I 1 had bad made repeated examinations which examinations thoroughly satisfied me as to his general malise if your honor please these examinations were not the result of recklessness such examinations would not cause the assumed recklessness mentioned in your honors charge but from a knowledge of medicine such as I 1 may possess from rom such knowledge and the fact before me from an intimate acquaintance with mr hampton I 1 wrote and signed the affidavit as read in court your remarks in passing sentence on mr hampton compelled me as an honorable man as without further evidence I 1 assume to be co to make this reply now the facts in the case are that while the prisoner while pursuing the ordinary avocations of the day has been known to the community and by all who are acquainted with him as a chronic invalid a man suffering from the disease commonly known as consumption still that his life and habits have been such together with repeated physical examinations brother physicians han hau han ban myself as confirm to my diagnosis my opinion in the case was formed and based upon an intimate knowledge of the party interested and from an acquaintance both friendly and professionally fessio nally for the space of fifteen years previous this was confirmed badr by dr anderson in every respect dr anderson whose integrity an and honesty of purpose are as much above cion ot of carelessness or recklessness zerk less and whose reputation in any community for lor veracity would equal that lof lot of your honor dr anderson Is too honest and too much of a gentleman to lend himself to any dishonorable scheme and he respects his oath whether on the tle stand or in his bis affidavit as much as any man on earth this imputation upon him as well as myself has caused me to address you this open letter for I 1 think it la is unjust in the extreme and as well unwarranted the evidence as given by dr anderson anderaon and myself weighed as naught against the opinion of another that other one who hardly knew the man by sight and of the district attorney and your honors self who knew him only as you had seen him in the court room I 1 who had known him for tor fifteen years could not klony even as a physician his condition but others could make a diagnosis at once now in all candor can you in looking at a man to quote the attorneys tor words tell whether he has any evidence of disease whose conditions are not superficially visible or can you as a lawyer determine at a glance whether a man has a chronic fronle disease or not and then impute to respectable men the fact and purpose of recklessness and which means me ansin angin in addition a dishonest statement if if the affidavit was bad or at fault certainly our testimony under oath should have some consideration and not be a matter in your youn charge of dishonesty an anthe othe part of both I 1 would ask can a man have tuberculosis and get practically over it so that the lung would do boits its work properly not a fact tact that change of climate and change of habits in such cases never complete or make what is called a cure Is it not a fact that unfavorable conditions will light up or reproduce the same trouble troubie lO Is it not a fact that it always does without the most rigid care produce a return of the trouble Is it not a fact that a man ma may have an incurable malady w without I 1 t out external evidences of the existence of such malady Is it not a fact that conclusions are arrived at even in a more reckless manner than that which gave rise to the two affidavits and the testimony of ore on the witness stand Is it not a fact that a fifteen years acquaintance as a physician with mr hampton would enable me to know his physical condition as to health or disease or does it require but a look to overcome years of experience without continuing the matter farther further boand get out of thievery thi this svery disagreeable business I 1 would say that iam lam I 1 am very very sorry that I 1 should be compelled for man hoods sake to substantiate my oath before any court I 1 had bad always supposed that in an amal amma davit daviton or otherwise I 1 told what I 1 believed to be the truth but it would seem that as to a question of veracity my word did not amount to much it la Is a pity Y th that atsuchi such necessities arise but ohp when e th they e y do it is as well to meet them at once and plainly without offense to your honors self or the court I 1 subscribe myself J M BENEDICT 1 0 magic glove and clothes cleaner saves carpets and glo gio gloves ves sold by Z I 1 ct 3 hi 1 I 4 |