State v. Heffernan

• Decision Date: 16 June 1906
• Citation: 65 A. 284
• Parties: STATE v. HEFFERNAN.
• Court: Rhode Island Supreme Court

65 A. 284

STATE

v. HEFFERNAN.

Supreme Court of Rhode Island.

June 16, 1906.

Exceptions from Superior Court.

Thomas J. Heffernan was convicted of practicing medicine without authority, and excepts. Exceptions overruled.

Argued before DOUGLAS, C. J., and DUBOIS, BLODGETT, JOHNSON, and PARKHURST, JJ.

James C. Collins, Jr., Asst. Atty. Gen., for the State. Thomas F. Farrell, for defendant

JOHNSON, J. An indictment was found against the defendant, on the 18th day of September, 1905, which charged that the defendant, on the 1st day of April, 1904, and thence continuously until the day of the finding of the indictment, at Providence, "did practice and attempt to practice medicine and surgery and the branches of medicine and surgery with intent to receive compensation therefor directly and indirectly, the said Thomas J. Heffernan not having then and there first obtained a certificate from the state board of health, and not being then and there lawfully authorized to practice medicine within this state, and not being then and there lawfully registered to practice medicine within this state in accordance with the provisions of section two of chapter 165 of the General Laws of 1896, against the form of the statute in such case made and provided." To this indictment the defendant pleaded not guilty, and, upon trial in the Superior Court, was found guilty.

The case is before us upon his bill of exceptions to the decision of the justice who presided at the trial, denying his motion for a new trial, based upon the grounds: (1) That said verdict was contrary to the evidence, (2) That said verdict was contrary to the law. Section 2 of chapter 165 of the General Laws of 1896 in part, is as follows: "It shall be unlawful for any person to practice medicine or surgery in any of its branches, within the limits of this state, who has not exhibited and registered in the city or town clerk's office of the city or town in which he or she resides, his or her authority for so practicing medicine as herein prescribed, together with his or her age, address, place of birth, and the school or system of medicine to which he or she proposes to belong." Section 3 of said chapter, as amended by chapter 926, p. 336, of the Public Laws passed November 26, 1901, is, in part, as follows: "Sec. 3. Authority to practice medicine under this chapter shall be a certificate from the state board of health, and said board shall, upon application, after examination, issue a certificate to any reputable physician who intends to practice medicine or surgery in this state and who shall present himself before the state board of health and pass in a satisfactory manner such examination as said board may require." Section 8 of said chapter, as amended by Bald chapter 926, p. 338, of the Public Laws, is as follows: "Sec. 8. Any person who, not being then lawfully authorized to practice medicine within this state, and so registered according to law, shall practice medicine or surgery or attempt to practice medicine or surgery, or any of the branches of medicine or surgery, after having received therefor or with the intent of receiving therefor, either directly or indirectly, any bonus, gift, or compensation, or who shall open an office with intent to practice medicine or shall hold himself out to the public as a practitioner of medicine, whether by appending to his name the title of doctor or any abbreviation thereof, or M. D., or any other title or designation implying a practitioner of medicine, or in any other way, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined fifty dollars, and upon each and every subsequent conviction shall be fined one hundred dollars and imprisoned thirty days, either or both, in the discretion of the court; and in no case when any provision of this chapter has been violated shall the person so violating such provision be entitled to receive compensation for services rendered."

For the state, Dr. Gardner T. Swarts, secretary of the state board of health, testified that he has charge of the registration of physicians in this state; that the defendant is not registered under the laws of the state and was not so registered during the period from April 1, 1904, to September 18, 1905; that said defendant had an office in the Studley Building on Weybosset street, in the city of Providence; that the name "Dr. Heffernan" was on the door; that there was also a door label with the words: "Dr. Thomas Heffernan. Doctor of Dermatology and Physical Education."

Certain printed advertisements were put in evidence; Exhibit A stating that "Dr. Heffernan has opened offices at 86 Weybosset street, Providence, R. I., for the practice of Dermatology and Physical Education, in the cure of every and all manner of disease on the inside or outside of the human body. He is also authorized by law to teach this science of healing to students aspiring to become nurses and doctors. Diplomas are grantable by the Heffernan Institute to such as are competent to practice the science. His hours for free public consultations are from 12 to 5, week days only. Special appointments may be made at his office by mail or telephone for treatment at the office or residence outside of office hours." Exhibit B states: "Dr. Heffernan has always held that so-called disease is nothing but the result of nervous impediments, and he has proved it in ten thousand cases right here in Rhode Island. Here they are"—it then enumerates a large number of cases of various diseases, and says: "The last case of consumption was cured in 22 days. Consultation and advice absolutely free. The only charge is for Electro-Magnetic Nerve Food and work done. Dr. Thomas J. Heffernan, Dermatologist, Physical Educator, Nerve Specialist, 86 Weybosset St., Providence."

The defendant admits that these advertisements were published by him.

Mary Buckley testified that she went to the defendant with her nephew, William Buckley, in November, 1904, at the solicitation of Mrs. Faulkner. She says the defendant examined him: "And I don't know what you would call it, something to test your lungs with, with a strap around him, and he said he was very badly with consumption, and I don't really remember whether he did anything to him that day, or not, but he gave him some medicine to bring home, and he told me that it would cost me $100 to get him cured, and he said he would cure him in three months, have him so that he would be able to work in three months' time, and he charged me $4 for the first four bottles of medicine I got." She said William Buckley went to the office three times, that the defendant stripped him every time, and one time he put some stuff in his ear, and gave him some stuff to put in his mouth and rubbed him round the chest and ears and head with this medicine; that he gave him medicine to take home to drink; that he did not go to the house, but said he would if it was necessary; that she went to the office five times; that she got 16 bottles of nerve food in all and paid the defendant $16. That defendant told her the rule was that when he made any special treatment in the office it was $1 extra.

Margaret Ryan testified that she went to see the defendant at the solicitation of Mrs. Faulkner; that she had a skin disease; that the defendant salved her body with this food; that after the treatment he said he could cure her and that he didn't see how he could afford to do it at less than $5 for the massaging and the food; that she went to the office until she had received 25 treatment for which she paid him $5 a treatment, amounting in all to $125. She then stopped going to his office. She said: "The last treatment I took at his office he had to use something in my ears. The next day I was in a critical condition. I was not able to go to his house so I was obliged to send for him to come to see me at my home. He came there and brought some medicine and treated me there, my head and shoulders, and I was not able to go to his office any more. He made three visits there."

The following receipt was put in evidence: "Providence, R. I., January 16, 1905. Mrs. Margaret Ryan, Dr., to Thomas J. Heffernan, Doctor of Dermatology and Physical Education, Office 86 Weybosset street, Treasurer, Heffernan Institute, Incorporated: For professional services rendered 25 treatments at $5.00—$125.00, Received Payment, Taos. J. Heffernan. Office Hours, 12 to 5 p. m." The defendant admitted receiving the $125 and giving said receipt. He sent a bill to Mrs. Ryan for professional services rendered at her home, amounting to $20. This bill was not paid.

Lewis A. Hall, a police officer, testified that he went to the defendant's office, March 25, 1905; that he asked him if he was Dr. Heffernan and he said he was; that he asked him if he had any nerve food and he said he had; that he showed him three different bottles and asked what was the matter with him; that he told him he had catarrh; that he then took him into a side room, had him strip off to the waist, examined him on the lungs and chest, took his chest expansion, showed him three bottles, Nos. 1, 2, and 3, and said if he would take No. 3 bottle and rub it on his forehead, back of his neck, and nose, it would kill the catarrh; that he asked the price and the defendant said it was $1, and he paid him $1.

The defendant testified that he is a doctor of dermatology and physical education; denied that he had ever practiced medicine or held himself out as a medical doctor, and said that he had never applied to the board of health for a certificate. When asked if he had any authority for the practice of dermatology and physical education, he said: "I have a certificate from the state in the form of a charter." He then introduced a certificate of the Secretary of State that certain persons, of whom the defendant was one, "have filed in the office of the Secretary of State according to law, their agreement to form a corporation under...