Leprosy and Libel. 
THE SUIT OF 
; • | ; L ■ 
GEORGE L. FITCH 
AGAINST 
The Saturday Press. 
HONOLULU, H. I. 
SATURDAY PRESS PRINT, 
1883. FITCH Vs. THRUM. 
opinion of all medical men, was allowed by 
a frail and corrupt administration to play with 
life and health in such a wholesale manner as 
to endanger the very being of the nation, it 
became altogether another affair. The Press 
believed that Mr. Fitch’s method of dealing 
with the momentous question of segregation, if 
taken alone, as compared with the published 
statement of his views upon the subject, 
afforded sufficient warrant for the use of such 
language as gave rise to the suit before men- 
tioned. The promptly rendered verdict of a 
jury has justified the writer of the article 
which provoked the suit in the view he had 
taken, while the hearty applause of an un- 
precedentedly large audience, which immedi- 
ately greeted the announcement of the verdict, 
left no room to doubt that both “libel” and 
verdict were fully in accord with the sentiment 
of the community. 
THE SUIT. 
At the request of several citizens, and in 
order to preserve in a convenient shape the 
record therein contained, the proprietor of the 
Saturday Press has published the following 
account of the libel case of the Crown vs. 
Thomas G. Thrum, brought at the instance of 
George L. Fitch. A brief review of the cir- 
cumstances of the case is all that seems neces- 
sary at this writing. All the important points 
at issue, in which the community has an inter- 
est, have been more or less fully brought out 
by the evidence, the speeches of counsels and 
the judge’s charge. 
Briefly, then, the libel suit against the pro- 
prietor of the Saturday Press was brought by 
Mr. Fitch ostensibly as a defense against the 
language of that journal. In reality, the suit 
was an effort to crush or at least to silence the 
Press for its plain, direct, unsparing and con- 
vincing exposure of the criminal mismanage- 
ment of leprosy in these islands by the Hawai- 
ian Board of Health, of which body Mr. Gib- 
son and Mr. Fitch were the officials chiefly 
responsible. The history of leprosy on these 
islands was fully brought out during the trial. 
Never in the history of medicine has the sworn 
evidence of reputable physicians been so full, 
so unanimous and so convincing in clearing 
away the doubts that had enveloped a debata- 
ble question. There is no medical testimony 
in the following pages—save the quasi-medical 
testimony of Mr. Fitch—which does not con- 
firm the positions of the Saturday Press: that 
leprosy is dangerously contagious, that it is a 
distinct disease, that the strictest segregation is 
the only rational method of dealing with it. 
This community had little concern that Mr. 
Fitch should call himself “Doctor,” or pro- 
pounded theories contradictory to the common 
sense and experience of the whole medical 
world; or that he should endeavor in any 
legitimate way to experiment with a view to 
their establishment; but, when the same shal- 
low impudence that would openly dogmatize 
against the experience of ages and the united 
The result of the case of alleged libel against 
this paper has been all that was hoped for and 
all that it should have been. The full justifica- 
tion of the Saturday Press’ discussion of 
leprosy has been established to the satisfaction 
of ten out of twelve jurymen. We think we 
will be sustained in saying that ten out of 
every twelve intelligent citizens uphold the 
Press in its every utterance on the topic which 
this libel suit has brought so pointedly to the 
consideration of the community. Doctor Fitch 
and his absurd pretentions would have been 
unworthy newspaper notice if he had not rep- 
resented the executive power of a knot of men 
who are playing with human life in this king- 
dom, and whose responsibility is so much 
greater than that of Doctor Fitch that the 
temptation is to forget the infatuated theorist, 
who has so recently been punished, in resent- 
ment against the power that has made the un- 
fortunate Fitch the tool of its terrible trifling 
with the life of a whole nation. 
THE OPENING OF THE CASE. 
The libel case against this journal, brought 
by Doctor Fitch, came up for trial before a 
foreign jury on the 13th instant, his honor 
Chief Justice Judd on the bench. Mr. John FITCH Vs. THRUM. 
Russell and Mr. F. M. Hatch for the crown, 
Mr. S. B. Dole for the defense. The follow- 
ing gentlemen were called to serve as jurymen: 
S. Magnin, D. McCartney, J. Spear, W. 
Wenner, E. Kistler, S. Sdig, G. West, W. 
Lishman, J. B. Castle, Julius Asche, J. II. 
Bruns, Jr., J. C. Cluney. Before being sworn 
Mr. McCartney, one of the jurors, was ex- 
cused, as he was a witness in the case, and 
Mr. C. R. Scarborough took his place in the 
box. 
Neither side making objections to the jury- 
men thus empanelled, Mr. Hatch, for the 
prosecution, read the indictment as follows: 
In the name of His Majesty, the King of the Hawaiian 
Islands, Oahu, to wit: 
At a term of the Supreme Court of the Hawaiian 
Islands, began and holden at Honolulu, in the Island 
of Oahu, within and for the said Hawaiian Islands, 
and more especially with and for the said Island of 
Oahu, on the second day of July, in the year of our 
Lord, one thousand eight hundred and eighty-three, 
and continued by adjournment from day to day, and 
from time to time until the seventh day of said July. 
The attorney-general of the' kingdom, by William 
Austin Whiting, his deputy, lawfully appointed, on and 
in behalf of our sovereign lord the king, upon his 
official oath presents that, Thomas G. Thrum, a for- 
eigner, of Honolulu, in the Island of Oahu, and with- 
in the jurisdiction of this honorable court, on the fifth 
day of May, in the ycat of our Lord, one thousand 
eight hundred and eighty-three, unlawfully and mali- 
ciously intending to vilify, disgrace and defame one 
George L. Fitch, a physician and doctor of medicine, 
and an officer of the Hawaiian Government, to wit, 
government physician for the District of Kona, in the 
Island of Oahu, unlawfully and maliciously did make, 
print and publish, and cause to be printed and pub- 
lished in a certain newspaper, entitled the Sat- 
urday Fress, published at Flonolulu aforesaid, and 
of public circulation within the Hawaiian Islands, and 
within the jurisdiction of this honorable court, a cer- 
tain false, scandalous and malicious defamatory libel of 
and concerning one George L. Fitch aforesaid, a physi- 
cian and doctor of medicine and officer of the Hawai- 
ian Government as aforesaid, which said libel is as 
follows, that is to say: 
When in the progress of newspaper conduct it be- 
comes necessary to unmask a knave, to uncloak a 
charlatan or to expose a quack, the favorite refuge of 
the pilloried rogue is to call the journal which has un- 
done him “a libelous sheet.” (Meaning by said words 
“quack,” “knave,” “charlatan,” and the “pilloried 
rogue” the said George L. Fitch.) The Press has re- 
cently been instrumental in convincing the intelligent 
readers of Honolulu that one of the most important 
offices in the gift of the government (meaning said office 
of government physician for the District of Kona afore- 
said) is held by a comparatively ignorant pretender 
(meaning the said George L. Fitch.) This action was 
the direct result of conflicting causes. There has long 
been a belief among physicians here that Dr. Fitch 
(meaning said George L. Fitch) is not a satisfactory- 
practitioner ; that his (meaning said George L. Fitch) 
theories are absurd ; that his (meaning said George L. 
Fitch) scheme of cure is a delusion and a snare. But 
it has also been held by many that Dr. Fitch (meaning 
said George L. Fitch) has the interest of the natives at 
heart; that he (meaning said George L. Fitch) is kind, 
faithful and an indefatigable worker. Zeal and honesty 
of intention cover a multitude of sins. It has been for 
this last belief that the Press has invariably treated Dr. 
Fitch with courtesy. When he (meaning said George 
L. Fitch) could not get his recent letter published else- 
where, the Press opened its columns to him, with the 
understanding—which Dr. Fitch may not truthfully 
deny- that the right to answer and refute his argu- 
ments was reserved, and would certainly be exercised. 
Three weeks ago appeared a reply to Dr. Fitch, writ- 
ten and signed by one of the ablest non-professional 
medical writers in the kingdom. It was as respectful 
in tone as the absurdity and contradiction and gross 
misstatement of Dr. Fitch (meaning said George L. 
Fitch) made it possible for any reply to be. To the 
letter of Mr. Albert Smith Dr. Fitch made no reply. 
He (meaning said George L. Fitch) visited neither the 
proprietor nor the editor of this paper, and made no 
request for space in which to answer his (meaning said 
George L. Fitch) critic. But on the street and in pub- 
ic resorts he (meaning said George I,. Fitch) has 
charged this paper with the crime of incompetence in 
ciiticism and the infamy of libel. His (meaning said 
George L. Fitch) slander is a public reproach. It prd- 
vokes retaliation in kind. It shall receive early atten- 
tion. (Meaning and intending thereby to injure the 
fame, reputation, and good name of said George L. 
Fitch) to the manifest great injury and damage of the 
fame, reputation, and good name of the said George L. 
Fitch, and tending directly to bring him into disgrace, 
odium, contempt, scandal and ridicule. And so the 
attorney-general aforesaid, by his deputy aforesaid, 
upon his official oath aforesaid, doth say and present 
that the said Thomas G. Thrum, at the time and place 
aforesaid, in manner and form aforesaid, is guilty of 
the offense of libel against the peace and dignity of our 
sovereign lord the king, and contrary to the form of the 
statue in such case made and provided. 
Walter Murray Gibson, Attorney-General, 
(By his deputy,) William Austin Whiting. 
A true bill, found this 7th day of July, A. D. 1383. 
A. Francis Judd, Chief Justice of the Supreme Court 
presiding at the term. 
The trial of the case was then proceeded 
with, the first witness called by the prqseuc* FITCH Vs. THRUM. 
tion, Albert C. Smith, stated that T. G. Thrum 
was publisher of the Saturday Press on date of 
May 5th, containing article of alleged libel, 
which appears above in the indictment. [Paper 
offered in evidence by prosecution.] 
Doctor Fitch was then placed on the stand 
and testified in substance as follows: 
After stating the various positions held by 
him as a government officer, he said also that 
he held a license to practice medicine in the 
kingdom. Also had a license to practice in 
California, dated 1870. Had a diploma from 
Bellevue College, New York, was appointed 
government physician, October 26, 1881, by 
Hon. H. A. P. Carter, also superintendent 
leper hospital at Honolulu, and appointed as 
medical superintendent at Kalawao. Saw the 
article published in the Saturday Press, May 
5th. Refered to him. No other Doctor Fitch 
in this country to his knowledge. Remem- 
bered the malpractice case in which Doctor 
Rodgers and himself were sued by Mr. Hinck- 
ley. Remembered his testimony relating to 
receiving his education. Said received diploma 
at Bellevue Hospital. Did not remember all. 
Entered Bellevue College, October, 1869; did 
not remember the day of the month, was 
there months before receiving diploma. 
Attended the regular course of lectures at that 
college. 
Never studied at Philadelphia. Commenced 
the study of medicine March 29, 1865, in 
Eldorado County, California, with Dr. M. F. 
Clayton, was there 13 months and money gave 
out, then went to San Jose and San Francisco, 
there continued to study. Was night clerk in 
hotel there some time. Studied with Dr. W. 
Lyndorf at that place, then worked at dentis- 
try. Studied at San Leandro, in 1867, under 
Doctor Coleman. Clayton was a county 
practitioner, and also practiced dentistry. In 
June, 1869, was at the Toland Medical Col- 
lege, San Francisco. Have not practiced 
dentistry since 1870. Took no special in- 
structions in dentistry. About 5 months is the 
time used as a regular course in a medical 
college. All colleges have the same term 
)positively). Had not studied leprosy espe- 
cially before coming here, nothing more than 
a general knowledge. Never attended a case 
of leprosy before he came here. But helped 
to cut off the leg of a leper, in order to 
get him in his coffin, in the city and 
county hospital, San Francisco. Leprosy is 
not thoroughly curable, can make it disappear 
but is convinced that it is not thoroughly 
curable. Never wrote otherwise; think leprosy 
is a recurrent disease. 
Never told any patients could cure leprosy, 
except in the way mentioned. Told them, 
could make spots disappear. Theory of 
leprosy is that it is the last stage or form of 
syphilis; came to that conclusion by examining 
case after case by the hundreds. Doctor 
Enders, of Maui, did advocate the fourth 
stage theory, but, do not think he does now. 
No text book writers support that view. Does 
not regard syphilis as basis of all the diseases 
of llawaiians. There are many skin diseases. 
[Here the witness being asked to enumerate 
them said: “Land of love ! I can’t go 
through them all; believe almost all that flesh 
is heir to may be found here”]. Do not be- 
lieve leprosy to be contagious under ordinary 
circumstances; think the disease incubates in 
25 or 26 days. H. V. Carter, one of the best 
authorities does not know the length of time 
but believes it to be very short. 
There are fully 1,600 cases of leprosy in the 
kingdom. Practically all natives have syphilis. 
[Here followed details of cases intended to 
show that leprosy was not contagious in cer- 
tain cases. Husbands having the disease and 
wives not, and vice versa.] In most cases 
leprosy is not contagious. The proportion of 
natives who take leprosy is very small; 600 of 
the 1,200 may have leprosy for all he knew. 
Lepers in the kingdom, June 27th of this year, 
were 750 at Kalawao and about 200 at Kaka- 
ako. The outside estimate of those who may 
or may not be contagious is about 300. There 
are not many cases of confirmed lepers at 
large. Did not know of a single case. 
There are many cases that may be be- 
come lepers if not treated. Could not tell 
where syphilis ends and leprosy begins. The FITCH Vs. THRUM 
confirmed cases are easily distinguishable. 
Early stages are difficult to distinguish. Re- 
gards segregation as emphatically necessary. 
There are a great many cases at large which 
would lock up if had the power. Is not, how- 
ever, interfered with by the board of health. 
Is not a policeman, is a doctor, and pass judg- 
ment upon patients brought before him. [Wit- 
ness had previously read a commission from 
the board of health empowering him a special 
agent of the board of health to segregate 
lepers.] In small-pox and scarlatina a com- 
paratively few cases are contagious, nothing 
like the number that are so in this disorder. 
Have not read the law regarding leprosy and 
its segregation. There are some persons 
would not segregate, even if they had the lep- 
rosy. In old persons it has passed the conta- 
gious period. Thinks the line may be drawn 
firmly and distinctly. Thinks letter to Doctor 
Emerson agrees with present position. Have 
never said that leprosy was contagious in eat- 
ing, drinking and sleeping. Said what he did 
about syphilis. [Mr. Dole then read from the 
board of health report of March, 1882, page 
61: “ But licentiousness alone is not to blame 
for the spread of this disorder. Passing the 
tobacco pipe from mouth to mouth is a not 
uncommon cause, and I fully believe the cus- 
tom of numbers eating poi out of the same 
dish with their fingers also come in under the 
same head.” Witness said: Meant by this 
syphilis and not leprosy.] 
Persons discharged from hospital last June 
had passed contagious period. No doctors 
approved of their discharge except myself. No 
other doctors were present. Thought Sumner 
a safe man to allow out. Dr. Trousseau said 
Sumner would be a leper all his life. Sam 
Kamoahakau was also safe when he left. Did 
not have a sore finger when he left the hos- 
pital. No other doctors saw them. Does not 
remember asking Doctor Stangenwald about 
Sumner. 
As to syphilis preparing the community for 
leprosy—the fourth stage of syphilis, partaking 
of the nature of the late second and early ter- 
tiary stages—the time has not yet come for the 
disease to have run its course. It is a questio 
of centuries, not of years. 
Dr. Rogers is assistant in dispensary; took 
charge when was gone. Had not closed dis- 
pensary twice; had not advertised it closed. 
[Objection to prove allegation sustained by the 
court.] 
In treating leprosy, he had made many symp- 
toms disappear. [Objection to naming a lady 
witness until put upon the stand sustained by 
the court.] 
The noon recess was then taken until I =30 
P. M. 
AFTERNOON PROCEEblNGS. 
On the reassembling of the court, at 1.30 
P. M., Dr. Fitch again took the stand and con- 
tinued his testimony as follows: Mr. Dole, 
cross-examining, witness said he had served 
eye cases in practice here, five of cataract, one 
middle cataract, one rigid. Some of the cases 
treated had been successful, others not. Did 
not use the opthalmiscope. Knew the catop- 
tric test ; did not use it. Mr. Grunwald had 
a cataract. I do not know of any cases of 
leprosy at large that ought to be locked up. If 
there are any, don’t know where’they are. Of 
the one thousand and six hundred lepers es- 
timated to be on the islands, one hundred and 
fifty have died, four hundred and fifty have 
been arrested, and about seven hundred and 
fifty segregated. I know of a great many cases 
in town, but they are all light. Sam, the 
native released, had not passed the age which 
I considered dangerous. I recommended his 
discharge, because the disease had nearly dis- 
appeared from him. In the majority of cases, 
leprosy is neither infectious nor contagious. 
[Mr. Dole quoted from Dr. Fifch’s report to 
the board of health.] The witness then quali- 
fied by saying, in “a majority of cases.” 
Asked that Doctor Rodgers be appointed. 
Recommended that a resident physician at 
Kalawao be appointed. When I asked Mr. 
Gibson to appoint Dr. Rodgers to position as 
assistant, Mr. Gibson objected, saying, “that 
man is personally repulsive to me. ” My re- 
quest was at last granted. Afterwards, had 
disagreement with Dr. Rodgers; found he had FITCH Vs. THRUM, 
applied for position as resident physician at 
Kalawao. Did not object to Rodgers on pro- 
fessional grounds. The lepers at the settle- 
ment objected. I have not visited the other 
portions of the Island of Oahu, being told I 
would receive an order when desired to go. I 
was not the directing manager. Did not con- 
sult Dr. Rodgers regarding lepers discharged. 
The board of health signed the papers letting 
the cured lepers go. By Mr. Hatch: The at- 
tendance at the dispensary varied, the average 
during six months being about thirty-five per 
day. At the time of the discharging of the 
lepers cured, there were present his majesty, 
Messrs. Gibson, - Moanauli, Cleghorn and 
Widemann. The order was signed by Messrs. 
Gibson,*Moanauli, Cleghorn and Widemann. 
I also signed it. Cross-examined by Mr. 
Dole. Largest number of patients at dispen- 
sary on any one day, was 323. I prescribed 
for all. I was all used up, and went home and 
slept for thirteen hours. Was at the dispen- 
sary on the day mentioned for six hours, and 
attended all ; did not have time enough, and 
work was not done properly. 
Major Charles T. Gulick was called, but not 
arriving, the defense, to save the time of the 
jurymen present, admitted the authenticity of 
the license. The prosecution then rested. 
Mr. Dole, for the defense, moved judgment, 
arguing that the prosecution had failed in 
showing any malice in the publication which 
would be necessary to show to cause libel. 
Mr. Russell, for the prosecution, stated that 
full malice had been shown by the wilful publi- 
cation, and quoted from chapter 32, sections 3 
and 4, of the penal code. 
The court, after reading the authorities pre- 
sented by Mr. Dole, and listening to the argu- 
ments on both sides, overruled Mr. Dole’s 
motion, which decision was excepted to, and 
the defense proceeded with their case. 
Dr. Trosseau stated that he was a practicing 
physician; had been here twenty years; was fa- 
miliar with leprosy; was familiar with syphilis; 
said no affinity existed between the two. 
Leprosy is as old as the world; syphilis is a 
comparatively new disease. The leprosy of 
to-day, in bible lands, is identical with that 
mentioned in bible times. The date of the 
first epidemic of syphilis is rather obscure. 
Leprosy is reported to have been introduced 
into Europe after the return of the Crusaders. 
The first epidemic of syphilis occurred in 
Italy, about the time of the discovery of 
America. Anti-syphilitic treatment has failed in 
leprosy; is bad treatment for leprosy proper. 
Iodide of potash is good for reducing tuber- 
cles. Believed leprosy to be contagious, fully 
as much, if not more so than syphilis. When 
first came here doubted the contagious quali- 
ties of leprosy, but observations caused him to 
change opinions. Easy to define the two 
diseases. Held the same position that Dr. Fitch 
now holds as special superintendent for several 
days, but not at the same salary. [Laughter.] 
Ilad sent, during that time, some 700 lepers to 
Kalawao and found his diagnosis of the cases 
had been quite correct, other physicians having 
examined the cases afterwards. Was, and is, 
a member of the examining board who send 
lepers to Molokai. Was not present at the 
hospital when the nine lepers were 
Dr. McKibbin, another member of the board, 
was in England. Had known Sumner for the 
last twelve years; had seen him since his re- 
turn and consider him in a bad condition, af- 
fected with leprosy. A week before Sumner 
was discharged visited Kakaako at request of 
Fitch, an unofficial visit; Fitch spoke of Sum- 
ner and about letting him go. Witness ex- 
pressed surprise, as he considered him as bad a 
leper as ever. Consider anti-syphilitic treatment 
good to decide doubtful cases. When had doubts 
regarding people being leprous, sent them to 
the branch hospital at Kakaako, to give the 
public the benefit of the doubt. In syphilis, 
by the treatment there, they get better in 
three months, in leprosy, not. Doctors Mc- 
Kibbin, Brodie and witness generally agreed 
on leprous cases. Leprosy is contagious by 
absorption or inoculation. Leprosy may be 
contracted by the contact of the abraded 
portions of a person’s body. It may also be 
contracted by imbibition by the lips in using a 
pipe, by the mouth in eating poi, or by sexual FITCH Vs. THRUM. 
intercourse. Would regard anything but 
segregation as dangerous. Very little leprosy 
now in Europe; it is thought that the disease is 
being eradicated there by segregation; leprosy 
is worse in the extremes of heat and cold. 
Doctor Gross, of Philadelphia, corresponded 
with witness for years on the subject of syphilis 
and leprosy. Doctor Gross had never seen a 
case of leprosy. Witness showed one of 
Doctor Gross’ letters on the subject of leprosy 
to his fellow physicians of this city and 
was authorized to answer that there was no 
connection between syphilis and leprosy, and 
that on these islands it was deemed contagious. 
Did not consider Sumner a safe man to be at 
large. Thought the idea the day that he was 
at the branch hospital was simply to view the 
worst cases. When Fitch mentioned letting 
Sumner go, he said: “Surely, Fitch, you 
would not do that.” Was acquainted with 
eye practice, but did not pretend to be an 
oculist. Eye operations are regarded as very 
difficult. Cataract is not one of the most 
difficult operations. 
By Mr. Russell: Indiscretion of the patient 
may injure the effect of the operation. Have 
visited the branch hospital five or six times 
for the purpose of sending people (lepers) to 
Molokai. Told Fitch that he removed the 
syphilis but stuck on the leprosy. Whenever 
witness had doubt regarding a subject, he sent 
him to Kakaako, giving the public the benefit 
of the doubt. He thought at one time that 
Sumner was going to die. When witness last 
saw Sumner, he was well in health but still a 
leper. Certain drugs have the reputation of 
curing leprosy. Witness had been among 
lepers here twelve years, and had read nearly 
everything written on leprosy, and have yet no 
knowledge of a well authenticated case of a 
cured leper. Had on arrival in this country 
the same idea that Doctor Fitch has, that he 
could cure leprosy. Had, however, never 
published his opinion. Do not believe the 
contagious character of the disease, can be 
destroyed by medical treatment. Leprosy 
takes a long period to incubate, probably six 
or seven years, the proof being that no young 
children have it, although suckled by leprous 
mothers, the disease appearing after a lapse of 
about this number of years. 
William Sumner, one of the nine “cured 
and discharged lepers,” a half-white, appar- 
ently about seventy years of age, was the next 
witness. He showed many of the symptoms 
popularly believed to indicate leprosy. Wit- 
ness said he thought board of health ordered his 
release. Had been allowed to go free for a 
certain time. Was now living with his daugh- 
ter on makai side of Hotel street, opposite 
Hawaiian Hotel. First few days after being 
released, lived on Fisherman’s Point, then 
went to live with daughter. [Witness here sat 
down on the floor, and taking off the shoe and 
stocking from his right foot, showed to the 
jury three sores—one on ankle, one on sole of 
the foot and one on great toe.] Said was 
about sixty years old. Went to Molokai 
about six years ago, partly through own desire. 
At first was worse, then better, then very 
much worse; then got medicines from Dr. 
Fitch and improved. [Juror Magnin asked 
when sores broke out. Witness answered, just 
after he was released from the hospital.] 
Miss Agnes Aylet, for some time past a 
teacher in a school for native children on Fort 
street, was the next witness. She testified 
that she had been treated by Dr. Fitch for 
over a year for leprosy. 
Doctor Brodie was the next witness. He 
said he had been in Honolulu about three 
years, and had practiced all the time. Had 
not paid a great deal of attention to leprosy, 
but had treated several cases, about five in all, 
some of which had been under continuous 
treatment for over two years. Said leprosy and. 
syphilis were entirely different diseases. It 
was not difficult, as a rule, to distinguish be- 
tween them. When not complicated with 
other diseases, there was no trouble about tell- 
ing the difference between them. Medical 
treatment for syphilis was not often good for 
leprosy; sometimes did harm. Never saw any 
medical authority supporting the theory that 
the two diseases were identical. Diplomas 
sometimes fix standing, sometimes do not. FITCH Vs. THRUM. 
tempt to perform an operation without the use 
of the opthalmoscope. Fitch admitted that he 
had no experience in eye operations, but said 
he wanted to become a practiced operator. I 
assisted at the operation on Grunwald’s eye; 
but did not examine the eye before the opera- 
tion. At Fitch’s request I held the eye open, 
and he removed the lens. The fact that he 
could not see afterwards showed that the dis- 
ease was amarousis and not cataract. In 
cataract, the successful operations were about 
ninety per cent. Fitch had told him that 
leprosy and syphilis were the same disease. 
Fitch classed leprosy sometimes as second, 
sometimes as third, and sometimes fourth stage 
of syphilis. Apparently he debated the ques- 
tion in his own mind. In his dispensary prac- 
tice Fitch seemed to .think that syphilis covered 
everything. He (Doctor Hagan) thought, 
from the history of the disease on these islands, 
from the history of the cases he had studied, 
and from the testimony of natives with whom 
he had talked, that leprosy is contagious. It 
is contagious, and so far as evidence goes, it is 
incurable. Syphilis, on the other hand, is one 
of the most satisfactory diseases with which a 
physician has to deal; it can almost certainly 
be cured in all its stages. It is just the reverse 
with leprosy. As to the contagion of leprosy 
in all its stages or in all cases, witness would 
not dare to answer. Should say that if a 
physician did not know how to make a test for 
albumen in urine, a part of his education had 
been neglected. It was a question whether 
the average physician had a right to make eye 
operations. In cases where the services of a 
specialist could not be secured, it was of course 
necessary that general practitioners should 
attempt such cases, but they ought to make 
the most careful study possible, before attempt- 
ing an operation, and should make strict 
examinations of the eye with the ophalmo- 
scope. Witness said it was impossible to do 
justice to the number of cases treated in daily 
practice at the dispensary by Docter Fitch, as 
they w'ere hastily and imperfectly examined; 
and it was impossible in so short a time to 
make a thorough examination of so many 
With young men diplomas do in a measure, 
give a certain standing. After thirteen years 
of practice the reputation is made by success 
and treatment. [Referring to the fact that Fitch 
had practiced that long.] Have not been associ- 
ated wdth Dr. Fitch in any cases. All authori- 
ties agree that leprosy cannot be cured, and that 
leprosy is contagious. The period of incuba- 
tion in syphilis is from twenty-six days to three 
months; in leprosy, from one to ten years, or 
even longer. The two diseases do not select 
or prefer the same parts of the body. Iodide 
of potassium is used in syphilis, the average 
dose is from five to ten grains; ten grains is a 
large dose. Could not prescribe for from two 
hundred to three hundred patients in one day. 
Would not attempt it. Have had practice in 
eye diseases. Saw Grunwald before he wras 
operated upon by Fitch; made opthalmic ex- 
aminations of his eye several times and treated 
him for several weeks. He then had atrophy 
of optic nerve. • Had no cataract. No opera- 
tion could have benefited him. Would not 
operate upon the eye for cataract without 
using the opthalmoscope. Had seen a leper 
in London before coming here. Doctor 
Johnathan Hutchinson, senior surgeon of the 
London Hospital, w’as treating this leper. 
Doctor Hutchinson considered the case hope- 
less. 
On cross-examination Dr. Brodie said that 
he had performed no operation on Grunwald’s 
eye. Doctor Pontoppiden examined Grun- 
wald’s eye a few days after he did. Doctor 
Pontoppiden was a Dane, a specialist, an 
occulist, and stood well in his profession; 
he was the author of several articles and medi- 
cal journals which he (Doctor Brodie) had 
read. 
Doctor Hagan was the next witness. Said 
lie had studied in Starling Medical College, in 
Ohio, and in the College of Physicians and 
Surgeons in New’ York. Had been one year 
in Honolulu. Had seen Doctor Fitch per- 
form four operations, for cataract, three 
of w'hich were failures. One may have 
been a success. Had not known of the case 
since the operation. Would not himself at- FITCH Vs. THRUM. 
patients, or decide as to the nature of their 
diseases. 
Mr. Henry Grunwald,—in answer to Mr. 
Dole—said: 
I am blind of both eyes; lost sight of one 
some years before I lost sight of other. More 
than a year ago I consulted Doctor Brodie; 
also Doctor Pontoppidan ; they both told me 
mine was a hopeless case; that my disease was 
one of the optic nerve. Afterwards showed 
my eyes to Doctor Fitch. He told me I had 
cataract, and thought he could cure it. After 
he operated I could see a little more light. He 
told me I would probably be able to see in 
three months after operation. He performed 
a second time by running a needle into the eye. 
I have not been able to see. I think Doctor 
Brodie and Doctor Pontoppidan told me my 
case was hopeless because I told them I was a 
poor man and had no money. During recess, 
Doctor Fitch put some money into my hand. 
No cross examination. 
Court adjourned to next day, 
SATURDAY MORNING. 
On Saturday morning Doctor Emerson was 
the first witness called. He testified as fol- 
lows: Am in regular practice here. Received 
my education in Boston and New York. The 
course of study at the Harvard medical school 
was three years when I attended; it is now 
four. The course at the College of Physicians 
and Surgeons, New York, is three years. [In 
answer to Judge Judd:] When I was in New 
York the course at Bellevue was three years. 
Have practiced here between four and five 
years. Have given special attention to leprosy. 
Consider it (not in etymological sense) con- 
tagious; by inoculation, assuredly so. It is 
contagious in about the same degree as syphilis 
and under similar conditions. Any absorbing 
surface may take in the virus of syphilis or of 
leprosy. There are necessarily cases in which 
ignorance of the cause of contagion is inevit- 
able; but do not consider the operation of any 
natural law mysterious. Hawaiians generally, 
because of their habits, are more liable to 
leprosy than wffiites. As a rule, Hawaiians 
lack proper fear of leprosy, though many have 
pronounced fear of it. There is no identity 
between leprosy and syphilis. Know of lepers 
at large here ; saw one this morning. Cannot 
say how many are at large, but, from the fact 
that I frequently meet them, should say there 
are a considerable number. I cannot say if 
they do or do not report at the dispensary. 
The face of the leper I saw this morning was 
new to me. Am not sure that I have seen more 
than two unmistakable lepers in the last sixty 
days. From my knowledge of medical colleges 
I should say that one reputable school would 
give credit for the time spent at another 
reputable school: that is, if college “A” 
were a school in first class standing, it would 
give credit for time passed at college “B,” 
always provided that college “B” was of 
equally good standing. Bellevue Hospital is 
one of the best medical colleges in the United 
States. In any first class college it is abso- 
lutely necessary that students should be 
examined in everything contained in the curri- 
culum. As a rule, it is neccesary that pre- 
vious study should have been in a regular 
medical school, in order to be credited on the 
regular course of another regular school. I 
doubt if Bellevue would grant a diploma for 
an irregular course of study. In the Boston 
medical school, the term is eight months; 
ordinarily, from three to five months is a 
term; but pupils are supposed to study out- 
side of regular terms. There are two terms in 
each year, a summer and a winter term; but it 
is not necessary that a student should attend the 
summer term if he is prepared to pass the 
examination of the winter term. I do not 
know of a reputable college that would grant 
a diploma for less than a three years course. 
Leprosy is contagious under the same limi- 
tations as syphilis. Syphilis is less contagious 
in its late stages than in its earlier stages. In 
leprosy, the degree of contagiousness is differ 
ent in different external manifestations. When 
leprosy is manifested by macula spots, or by 
anaesthesia only, it is not so contagious as 
when it takes the tubercular form, as mani- 
fested by mucuous patches or ulcers. It is 
difficult to say when leprosy is or is FITCH Vs. THRUM. 
not contagious, because there are great 
gaps in our knowledge. In considering the 
[hypothetical] cases, “A,” “B” and “C,” 
“A,” is the anaesthetic form, “ B,” the tuber- 
cular form, with ulcers and patches, and “C,” 
the form in which ulcers have disappeared, and 
spontaneous amputation has been followed by 
apparently healed fingers, toes or limbs. I do 
not think that a leper could continue in the 
state “ C ” for ten years. It is certainly im- 
probable. If any leper had undergone great 
improvement for over five years, it would cer- 
tainly be a remarkable case ; but I should not 
believe he was cured until I had watched him 
to the end of his life. A eper continuing in 
the condition “ C ” for five years would be in- 
deed a rara avis. In the condition “ C,” a 
leper would be less dangerous than if he were 
in the condition “B.” In either of the con- 
ditions “A” or “C,” a leper would be less 
dangerous than if in the condition “ B but 
the tubercular form of leprosy when in the con- 
dition “ C ” is continually breaking out again. 
I have heard about a pamphlet announcing the 
cure of lepers in Norway, but have not seen 
the pamphlet. Have heard of reported cures 
in India, but think those cures were afterwards 
denied. Had charge of the leper settlement at 
Molokai, I should say for the greater part of 
eighteen months off and on ; of the forty or less 
natives (not lepers) at the settlement, only two 
developed leprosy while I had charge. I de- 
veloped no formula for the cure of leprosy. 
My efforts were tentative. I tried to find out 
what would do good in each case; sometimes a 
remedy that would relieve one case would do 
nothing for another. It is difficult to state the 
exact period of the incubation of leprosy. My 
personal belief is, that the period is quite long; 
I should say that five years was an average pe- 
riod and considerably under the maximum. I 
do not known of a case of continuous improve- 
ment for five years—treated or untreated. Some- 
times macula spots disapper of themselves; 
sometimes spontaneous amputations heal of 
themselves; both may take place while the 
disease remains in the body. 
David McCartney, the next witness, stated 
that he had been an apothecary for about ten 
years. Was not a graduate of pharmacy, but 
had been under the tuition of a man of large 
experience. Knew Doctor Fitch. Had put 
up prescriptions for him frequently in private 
practice. Had put up various combinations. 
Most of them contained iodide of potassium. 
Could not recall a single instance in which a 
prescription for internal use has not contained 
iodide of potash. Had heard Doctor Fitch 
talk about leprosy. Had heard him say he 
could and would cure leprosy. Heard him 
say this shortly after he came to Honolulu 
from Kauai. His exact words were: “ I can 
cure it and I will cure it.” Pitch had him 
test urine for the presence of acid and albu- 
men. He brought urine to the store frequently; 
once he brought a vial to be tested for acid; 
said he had either forgotten or did not know 
how to use litmus paper, a very simple test, 
one with which every doctor should be 
familiar. Did not remember of ever having 
tested urine for any other doctor. 
On cross-examination, the witness said he 
might have dispensed a prescription of Doctor 
Fitch’s within the last week which did not con- 
tain iodide of potash. If he did, he had no 
recollection of it. 
A. C. Smith testified: I was born on these 
islands and have always lived here. Have 
not been educated at a medical college, but 
have read medicine for over twenty years. 
Have had a great interest in leprosy, and have 
read everything I could find on the subject. 
Have studied leprosy generally, and in special 
cases. Have seen and treated it in the outer 
districts. Have been associated with regular 
physicians in the treatment of diseases; 
I know Doctor Fitch. Have talked with 
him about leprosy, syphilis and cataract. 
Began to have conversations with him soon 
after he came from Kauai. Fitch said leprosy 
and syphilis were one and the same disease. 
He said he could cure it. lie did not explain 
that cure meant temporary improvement. 
Fitch said that Doctor Daniellsen, of Norway, 
claimed to be able to cure leprosy, and held that 
incipient stages could be cured always. Pitch men Vs. thrum. 
said that he knew more about leprosy than any 
other man in the world. Fitch told me that 
he believed in segregating every case of syphi- 
lis. Fitch has rarely spoken to me about 
anything else than syphilis, leprosy and one or 
two cases of cataract. It was difficult to get 
him to talk of any other subject than leprosy 
and syphilis. I have been two or three 
times to the dispensary. The method of 
examination was almost always based on the 
supposition that every one who came there 
was either syphilitic or leprous. On no occa- 
sion did he do much more than look at the 
tongue. If the tongue wTas fissured, he said it 
was diagnostic of syphilis, llis prescriptions 
generally contained iodide of potassium, 
according to what Doctor Fitch said; some of 
the medicines contained bi-chloride of mercury. 
He had seven prescriptions; the bottles used 
were filled by referring to numbers; the bottles 
were sent to the druggist who filled them 
according to the numbers. When I was 
present both rooms were full. Fitch took half 
a minute, a minute or two minutes to each 
case. I do not remember having seen Fitch 
examine the chest or feel the pulse of a single 
patient. He generally asked each patient 
if she or he had had syphilis before. I dis- 
cussed with Fitch his peculiar style of diag- 
nosis. In one case, a man appeared with chest 
trouble, having shortness of breath, with eyes 
puffed out, probably indicative of heart disease. 
Fitch asked the man to let him see his tongue. 
Fitch said the tongue showed fissures, dis- 
tinctive of syphilis. I asked Fitch why he did 
not diagnose the case for chest trouble or heart 
disease, and he said he had no time. I said 
that the disease might be something which 
would be injured by the medicines given. 
Fitch said he had no time to make an ex- 
amination. Fitch pronounced several persons 
leprous that I did not think were so—clean, 
tidy women that showed no external signs of 
leprosy. Fitch showed the arms of several 
women on which he said spots had disap- 
peared. I asked if the spots were anaesthetic. 
Apparently he did not know, I remarked that 
it might be kane (a disease which resembles in 
appearance morphoea alba), the spots, not an- 
aesthetic, resemble anaesthetic spots of leprosy. 
I know one or two persons that Fitch pro- 
nounced lepers that showed no signs of the 
disease at the time, and have not since. I 
talked with Doctor Fitch about cataract in the 
case of Grunwald. Mr. Grunwald was an old 
acquaintance of mine. He told me he had 
been to a Doctor Kraft, who had advised him 
to raise funds and go to New York for treat- 
ment. I doubted that he had cataract, and 
advised him as a friend to go to other phy- 
sicians to have his eyes examined before 
taking the step advised by Doctor Kraft. 
I adviced him to go to Doctor Stangen- 
wald or Doctor Brodie. He went to Doctor 
Brodie. On the advice of his wife, Mr. Grun- 
wald afterwards went to consult Fitch. Ac- 
cording to Grunwald’s statement at the time, 
Fitch asked him if he would like to have an 
operation performed. Fitch told me that he 
had performed several operations here—seven 
or eight, I think, lie said that some of the 
cases had recovered sight for a time, but that 
inflammation has prevented perfect restoration. 
I think he said vision was destroyed by in- 
flammation from syphilitic iritis in every case. 
I think he said he had no experience till he 
came here. I went to Kakaako Hospital with 
Doctor Fitch in March or April of this year; 
went all round with him, saw all the rooms, 
saw his dispensary room, his photographing 
apparatus and his photographs, and learned 
his methods of treatment. While there 
I saw Sumner. Doctor Fitch said he wanted 
to show me a man I must know, an old 
timer. I did not recognize Sumner at 
first. Doctor Fitch asked me in Sum- 
ner’s presence if I did not consider him a cured 
leper. Out of delicacy, wishing not to hurt 
Sumner’s feelings, I gave him an evasive an- 
swer—to the effect that if he had improved 
under treatment, as Fitch said he had, it 
would be well to keep him there until the cure 
might be assured. I did not consider Sumner 
a cured leper, and did not so tell Fitch. I 
saw Sam Ivamoahakau, the Lahaina leper, on 
board the Likelike, on the Tuesday following FITCH Vs. THRUM 
his discharge from the hospital. Sam’s name 
was mentioned in a newspaper article as a 
leper that had been cured. As I believed him 
to be still a leper, I went to see him in com- 
pany with Doctor Hagan. He had a tubercle 
under one eye, and a sore finger. I knew Sam 
in Lahaina ten or eleven years ago. First dis- 
covered that he had leprosy about a year ago. 
When I was at the hospital, Doctor Fitch 
asked me about a leper boy who had ap- 
parently no skin disease, and wanted to know 
if there was any reason why he should not be 
allowed to leave the hospital. I said that 
his hands were paralyzed, the muscles next 
to useless, and that he was unmistakably a 
leper. Doctor Fitch said, that segrega- 
tion at Kakaako could not be strictly en- 
forced, as the lepers climbed over the 
fence whenever they pleased. Fitch then 
said that he wanted to build a fence outside 
the present fence, but that he was thwarted by 
Mr. Gibson and outside influence. He told 
me that certain lepers were allowed to go out 
on an order of the president of the board of 
health, against his wish. When Doctor Fitch 
talked of the identity of syphilis and leprosy, 
he based his belief upon similarity in sores, 
aching bones, anaesthesia, etc. He mentioned 
as his principal authority a French writer 
named Fournier, (quoted by Bumpstead and 
Taylor.) Shortly after Doctor Fitch came here 
from Kauai, he talked about his plans for the 
medical supervision of the islands. He pro- 
posed a bill to be introduced in the legislature 
making him medical director of the whole 
group, at a salary of. $7,000 a year. Doctor 
Rodgers, or Doctor Flagan, was to be his 
assistant. He asked me to use my influence 
with the native members of the legis- 
lature in behalf of the bill. A Dill of that sort 
was introduced, I believe. I think by Kauna- 
mano of Hamakua, and think it was not 
passed. As to the theory of identity, he said 
it was his own discovery. When I asked him 
how it was possible that such dematologists as 
Erasmus Wilson and Tilbury Fox, who had 
studied such questions so closely and over so 
great an extent of years, should have missed 
the discovery if it were so; he remarked that: 
The world had not found out how to stand an 
egg on end, until that old fool Columbus had 
showed them how. After Fitch published his 
letter in the Saturday Press, he asked me what 
I was going to say in answer. I said I did not 
know, if at all. He told me that if I did ans- 
wer him, he would come back at me. He said 
Fournier was a big authority, and that he had 
plenty of ammunition left. He said many people 
had congratulated him upon his article. He said 
Doctor Damon and Mr. E. O. Hall had taken 
him by the hand and told him, that the last 
paragraph suited their views entirely. That par 
agraph was to the effect that none but licentious 
persons could receive the disease. I asked him 
what he meant by that paragraph, and he said, 
“ Oh, that was molasses to catch flies.’ I said 
something disparaging of the remark, and he 
said that it did not do to be quarreling all the 
time. He said he was tired and wanted to go 
home to California. I told Doctor Fitch that he 
had thrown down the gauntlet and no one was 
to blame but himself for the treatment he had 
received. The only new points brought out in 
cross-examinations were, that the witness knew 
of at least one man who had been cured of 
leprosy by Hillebrand. And that the wit- 
ness recommended Sam to go to Dr. Fitch, as 
at that time, he believed the doctor to be en- 
thusiastic, energetic and conscientious. 
SATURDAY AFTERNOON SESSION. 
The court assembled at I P.M. 
Mr. Gerke called: Am a dealer in live 
stock. Have lived on the islands five years, 
first at Honolulu, then at Ilanalei, Kauai; 
know Dr. F'itch; have heard him say that 
leprosy was the fourth stage of syphilis, and 
that he was p/epared to cure it; that he had 
the cure in his pocket, that it came from Nor- 
way. Doctor F'itch said he thought he could 
better his condition by earning the reward of 
$200 offered for the cure of each case of lep- 
rosy; he went to Honolulu, and returned and 
stated that he had been appointed physician to 
the branch hospital: he examined several cases 
at Hanalei; one man (Kuku) taken as a leper FITCH Vs. THRUM 
to Honolulu by order of Doctor Fitch; Mr. 
Koelling said the man was not a leper; Kuku 
came back to Kauai; he is now fireman on 
Princeville plantation; his nose is flat; all his 
children have flat noses; the man had always 
done his work on the plantation; I was book- 
keeper on the plantation; I know of another 
case, a man sick with consumption; Fitch said 
the man was well enough to work; the man’s 
contract was cancelled, and he was sent to 
China; when two days at sea the man died. 
Cross-examined by Mr. Russell: Heard of 
the Chinaman’s death at sea from a companion 
who returned from the trip. I distinctly re- 
member about the case of the fireman sent up 
to Honolulu as a leper. Am sure Fitch ordered 
the man Kuku to be taken. Mr. Koelling 
offered to bet Fitch that the man would return. 
He did return. Fitch said Kuku was cured. 
Mr. Mehrtens called: Am a police officer 
in Honolulu; know Doctor Fitch; had con- 
versation with Fitch when he first came to 
Honolulu; he said that he could cure leprosy; 
he examined persons at the station house; he 
looked at? the tongues of some of the police 
officers and said they had leprosy in their 
systems; said that cracks in their tongue 
showed it; they were not treated that I know 
of; they are there yet; he examined my 
tongue; he said I might have leprosy; in my 
opinion this was a joke. 
Cross-examined by Mr. Russell: Fitch 
did not say anything about syphilis when ex- 
amining officers; this was some time ago. 
Dr. Rodgers sworn: Am a physician in 
practice in Honolulu; heard Dr. Fitch’s tes- 
timony in regard to dispensary during his ab- 
sence on Molokai; I think his testimony a 
gross perversion of facts; am still assistant at 
the dispensary; in February last, Dr. Fitch 
went to Molokai; had no notice of his depart- 
ure until I read it in the newspapers. I went 
to the dispensary in the morning, found the 
dispensary gate locked, reported in person to 
the secretary of the board of health; the secre- 
tary said he knew nothing regarding it; I then 
wrote a note to the secretary of the board, 
February 7, 1883. The next morning the dis- 
pensary was open; I made certain inquiries, 
the result was that I wrote another note to the 
secretary, dated February 8th; the purport of 
the note was that from information I was satis- 
fied that the closing of the dispensary was in 
consequence of Dr. Fitch’s orders. I applied 
for the position as assistant physician at Kala- 
wao leper settlement last December; only 
heard Fitch say on one occasion that Mr. Gib- 
son wanted him to go to the settlement as resi- 
dent physician, that he (Fitch) was the only 
man who knew how to handle a leper; he said 
he did not know whether to go or not. I ad- 
vised him to go. What he stated here was 
directly opposite to that told to me by him up 
to about April; the number of individuals en- 
tered upon the dispensary books as lepers, was 
one thousand; the books are now missing. 
Cross-examined by Mr. Russell: If a 
physician advertises in a modest way his 
specialty, it is not considered against the code 
of ethics. Have a diploma from the medical 
department of New York University. I had 
no key to the dispensary ; did not think place 
was ever locked. Dr. Fitch was the chief; I 
was only his assistant. Do not remember that 
I went there again the day that I found the 
place locked ; do not know whether the dis- 
pensary was open that day or not. I have 
frequently visited the branch leper hospital ; I 
have not treated patients at the branch hos- 
pital independently of Dr. Fitch. A note un- 
signed was handed the witness and he said re- 
garding it, I wrote the note submitted to me; 
these are the contents : “ My own position to 
be at $3,000, when your $5,000 commences; 
also a new commission as physician to leper 
asylum and branch hospital. I believe Gibson 
wants to conciliate me. My present position 
as assistant to the doctor, instead of to the hos- 
pital, is not satisfactory.” Note must have 
been written by me after my appointment as 
assistant. Do not know the date. 
W. M. Gibson, premier: My occupation is 
that of public officer of this kingdom; am presi- 
dent of the board of health; my commission 
dates May 20, 1883; have been present at the 
branch hospital on several occasions, when FITCH Vs. THRUM. 
lepers were discharged; I was present on the 
occasion of the discharge of patients in June. 
I am proprietor of the Pacific Commercial Ad- 
vertiser newspaper; that is, I am one of those 
chiefly interested. I recognize the article en- 
titled, “ Lepers cured and discharged ” as 
having been published in that paper June 5th. 
I am not the editor of the paper, although I 
am consulted and give my opinions. Remem- 
ber the occasion of the discharge of lepers 
mentioned. Ilis majesty and members of the 
board of health were present. The patients 
were discharged on the joint responsibility of 
the board of health and the physician in 
charge; they were discharged in consequence 
of there being no apparent evidence of disease. 
Remember that I thought at the time that the 
heading of the article “ Lepers cured and dis- 
charged” was incorrect, and placed over article 
by mistake. The witness said he could not 
give the name of the writer, but Mr. Dole said 
he did not desire to know. Remember Sum- 
ner; it was understood that he was to re- 
main with his family; he was, it may be 
said, discharged on leave. It was spoken of, 
but not enjoined on him to stay on the reef. 
There are printed forms to be filled in, in case of 
discharge. Some forty or fifty patients were 
discharged from the leper hospital last year. 
Only one physician approved of the case and 
that was Doctor Fitch. The opinion of the 
physician in charge was on the printed form in 
use at the branch hospital; I cannot recall the 
exact wording of the certificate; there was 
present the physician in charge; another phy- 
sician who was expected to be present was ill; 
as there was only one physician present, the 
members of the board, being laymen, wished 
to have a chance to examine those about to be 
discharged. The men were stripped, to show 
that there was no break nor sore on their 
bodies. Sumner was so examined; he was 
clean in body. Understood that it was safe 
for Sumner to go at large. Remember report 
being presented in legislature regarding resi- 
dent physicians at Kalawao. I did ask Dr. 
Fitch to go to Kalawao about six months ago. 
He was willing to go and reside there, but 
thought he could pot be spared front the dis- 
pensary; he said he was not afraid of leprosy. 
I knew something about the article (in the 
newspaper) before it was published. I sug- 
gested to one of the writers that something be 
said about the lepers being discharged. The 
patients were discharged, because the physician 
advised that some were cured and safe to be 
liberated. At one time I told I)r. Fitch that 
I thought he might have to go to Molokai as 
medical superintendent; the matter has been 
left in abeyance; he and his wife seemed to be 
willing to go; in addition to leaving the dis- 
pensary, it was said that nobody was there 
when Dr. Fitch was not there; that people 
would leave the dispensary if Dr. Fitch went 
away. 
By Mr. Russell: Leprosy has claimed my 
attention only partially; I am not familiar with 
the medical treatment of physicians at leper 
hospital, prior to Doctor Fitch; I know of no 
cases of lepers being discharged as cured 
during Doctor Emerson’s administration; I 
know of some forty who have been discharged 
from the branch leper hospital, and about 
twenty from the leper settlement since Doctor 
Fitch’s administration. I think Doctor Fitch’s 
treatment has been favorable, whatever his 
med’eal skill may be; he has inspired con- 
fidence in the mind of the natives. 
By Mr. Dole: The people mentioned were 
discharged on Doctor Fitch’s statement and 
signature only. Mr. Dole read the article 
headed “Lepers cured and discharged,” which 
had appeared in the Advertiser, and Mr. Gib- 
son continued: Thought article incorrect at the 
time, and after publication had said so to one 
of the writers, and suggested the preparation 
of an article that would correct the impression 
of “cured lepers.” Neither myself nor the 
members of the board regarded the patients 
discharged as cured lepers. Have not under- 
stood that Doctor Fitch asserted in any case 
that the people discharged were lepers, and 
had been cured. Doctor Trousseau was the 
physician who was expected to be present; I 
think his name will appear on one or more 
certificates of discharge. 
Doctor Brodie recalled; Fixed the date of FITCH Vs. THRUM. 
proved, still he was a l«^per; the fact is 
acknowledged everywhere that it is not safe 
for lepers to mingle with the community; 
think that the disease has remained in abey- 
ance as long as ten years, in India; leprosy is 
essentially a blood disease; it may remain 
latent for many years; anything that tends to 
lower vital power tends to develop the disease. 
Syphilis could no more .produce leprosy than a 
cocoanut could produce an apple tree. 
William Phillips, a half-white, examined: 
Have been under Doctor Fitch’s treatment for 
leprosy; I did not think I had leprosy, but 
Doctor P'itch told me I had; I am now quite 
well. 
Kaao examined: Have been at the branch 
hospital for lepers; was sent there because the 
doctors said I had the leprosy; my condition 
was very much improved by Fitch’s treatment 
since I first went there; I am not yet dis- 
charged; the photograph produced is of me 
when I first went there. (The picture shown 
represented the subject with greatly swelled 
arms and face.) 
Mr. Dole objected to the testimony as not 
rebuttal. Mr. Russell said that the defense 
had endeavored to prove the truth of charges 
made against Doctor Fitch in the article, to 
prove that he was a quack, charlatan, etc., 
and these lepers were produced to show that 
Doctor Fitch’s treatment was beneficial. 
Mr. Dole’s objection was overruled by the 
court. 
[Proceeding, Mr. Dole, for the defense, 
desired the witness to take off his shirt and 
expose his back. There seemed to be some 
reluctance on the part of the patient to do so, 
but he finally removed the covering and ex- 
posed a back which told a story in itself, being 
covered with macules and tubercles, a 
most repulsive sight. En passant, it is proper 
to mention that his honor told the prosecution 
to keep the witnesses suspected of a taint of 
leprosy out of the witness pox proper, Mr. 
Sumner, Miss Aylett, this witness and the 
three following being sworn standing in front 
of the clerk’s table.] 
Kepaaina, examined by Mr. Hatch: Am 
his treatment of Grunwald as August, 1881, 
for six weeks. 
Doctor Hagan was recalled on a point re- 
lating to the man Sam, described by Mr. A. 
C. Smith, but his testimony was objected to, 
objection being sustained by the court. 
T. G. Thrum sworn : Am publisher and 
proprietor of the Saturday Press; published 
the article on which the libel is based for the 
public good; have published articles on the 
subject of leprosy several times; the article 
published April 22, 1882, appeared with my 
knowledge. It was published during my ab- 
sence in San Francisco, but I was aware of the 
contents before publication. I consider the 
matter of leprosy as of vital importance to this 
community, on account of the numbers of 
lepers at large. Consider it the duty of the 
press to be correct on the subject. 
Mr. Dole, for the defense, here rested his 
case, and, after a short recess, the following re- 
buttal testimony was introduced by the prose- 
cution : 
George Smith, examined by Mr. Hatch: 
Am engaged in the drug business; have tested 
urine for one other physician in Honolulu be- 
sides Doctor Fitch; have put up prescriptions 
for Doctor Fitch not containing iodide of 
potassium. 
Doctor Stangenwald, examined by Mr. 
Hatch : Am a physician and chemist in Hono- 
lulu ; know Doctor Fitch; have visited the 
branch hospital once; spent half a day there. 
I saw a number of cases that seemed to be 
very much improved from their former condi- 
tion ; in some cases I consider Doctor Fitch’s 
treatment legitimate; have acquaintance with 
leprosy in India. Leprosy can be improved 
by treatment, in many cases, but it is incurable. 
It is not equally contagious in all stages. The 
standing of Bellevue Hospital, New York, is 
good. 
By Mr. Dole: I do not think I know the case 
of a cure by Doctor Hillebrand; I should be 
very cautious how I accepted statements of 
supposed cured cases. I saw Mr. Sumner at 
the branch hospital before his discharge; I 
examined him; he appealed very much ipi- 16 
FITCH VS. THRUM. 
living at the branch leper hospital under 
Doctor Fitch’s treatment, for leprosy. I was 
arrested and sent there as a leper [photograph 
shown to the jury as he was upon entering]. 
By Mr. Dole: There is some disease in my 
left hand yet. 
At request, the witness unrolled the cover- 
ing on the diseased hand, and rolled up his 
sleeve, showing hand an'd arm to the jury. 
Mary Pinau examined: Am living now at 
Kawaiahao, at the house of a man named Kaua; 
have been under treatment by Doctor Fitch for 
leprosy, at the branch leper hospital; was 
benefited by the treatment; there is a great 
change in my appearance; was sent to the 
branch leper hospital by the government. 
Doctor Fitch said I was to go to the settlement 
at Kakaako. Doctor Trosseau afterwards ex- 
amined me. 
Kamakaoilani examined : Have been under 
treatment of Dr. Fitch for leprosy; was sent to 
the branch leper hospital; I went to Dr. Fitch 
myself, and asked if he would let me go to the 
hospital; no other doctor examined me; my 
face was very much worse than it is now; my 
forehead was overhanging. 
Charles Tryer examined : Have been under 
Dr. Fitch’s treatment for leprosy, as I was 
told; Dr. Brodie told me I had leprosy, and 
Dr. McKibbin; Dr. Trosseau examined me, 
but did not tell me what was the matter; the 
result of Dr. Fitch’s treatment was very good; 
he gave me medicine for one month; I went 
home and have improved; have been improv- 
ing ever since; my toe broke out so that I 
could not get a boot on; was under treatment 
by Dr. Brodie; he did me no good; the foot is 
entirely well, except a small hole in one toe; 
there is no numbness; before it was numb; was 
not able to work before I went to him; am 
able now to work. 
Cross-examined : Am living at Koolau; the 
government arrested me as a leper and then 
sent me home again. [The witness took off 
his shoes and stockings and showed his feet to 
the jury.] Have been wearing shoes for three 
days; no pain from the sores; some of the 
bones have come out of both of the sore toes. 
Witness No. 24 examined: Although the 
name of this witness was given, he desired 
through his honor that no publicity be given 
to it in the papers, and he is therefore known 
as No. 24, that being his number in the order 
of witnesses. He said: My wife has had 
leprosy four years; she is now in the leper 
hospital; have been married to her eight years; 
have lived with her up to two months ago. 
By Mr. Dole: My wife says she has the 
leprosy; she has been at Kakaako two months; 
have lived with her up to that time; have had 
two doctors attending her; the doctors said my 
wife had the leprosy about four years ago; Dr. 
Thompson of Kohala said so; I do not know 
that I have got the leprosy. 
Dr. Fitch, in rebuttal, said: Heard Mr. 
Mehrten’s testimony; some of the native police 
asked me if there was anything the matter 
with them; I spoke in a joking way; I told 
them they all had it bad; I had no litmus paper 
at the time I asked Mr. McCartney to make 
the test for me. Witness described his methods 
of using litmus paper. 
With regard to Keku, his wife was a leper, 
and he asked to come to Honolulu from Kauai 
with her and be examined. Doctors here said 
he was not a leper, and he was sent back. Did 
not recollect speaking to Gerke; did have con- 
versation with Koelling. Had heard portion 
of Doctor Rodger’s statement; did not" lock 
the door, did the drawer. 
By Mr. Dole: Carried the key of the drawer 
in my pocket. Doctor Rodgers never com- 
plained to me. First knew of it by drawer 
being smashed. Did not speak to Mr. Gerke 
to-day nor yesterday. Have a good memory. 
I found leaves gone from the record book, and 
then I locked the drawer. Forgot the proper 
way to use litmus paper, have to refer to the 
book. 
By Mr. Hatch: Have given Mr. McCartney 
a prescription lately to put up for me that did 
not contain iodide of potassium. 
This closed the evidence. FITCH Vs. THRUM. 
MR. DOLE’S ADDRESS. 
In his opening address to the jury, for the 
defense, Mr. Dole spoke in substance as 
follows: I am sorry that you have been de- 
tained so long in a case like this which has 
presented such disagreeable and painful 
phases, but the public importance of this case 
has made it necessary for us to go to the 
bottom of it. I will be as brief as I can in 
commenting upon it. The evidence is so great 
in quantity that it will be impossible for me to 
refer to it in detail, and unnecessary also, for 
I am sure that you all remember it well; I 
need, therefore, but refer to its most salient 
point. This is a case in which the most important 
question before the Hawaiian nation is being 
tried on its merits. The community have 
from time to time become alarmed on the 
question of leprosy, and then the rush of busi- 
ness and other interests have driven it aside, and 
society with its pleasures and its cares has 
allowed itself to go to sleep in the face of the 
greatest danger that has ever threatened it. 
It is well that society should be awakened 
from this sleep, and I believe that this case of 
libel you have been so long considering, in 
which Doctor Fitch is the prosecuting witness 
and Mr. Thrum the defendant, will accomplish 
this. 
Leprosy is the worst known disease of the 
present and historic times. It has successfully 
defied medical skill. Physicians have not been 
able to say whence it comes or to explain its 
laws. It has always and everywhere been 
found to be incurable. It attacks all races, 
and all classes; no rank in life is safe, adults 
and children are alike exposed to its ravages. 
Medical skill can make no limit, no assurance 
can be given from the lessons of experience 
against this most terrible, most loathesome and 
most hopeless of all human diseases. But 
Doctor Fitch has come, like a new Columbus 
breaking an egg, to tell the people of this nation 
that leprosy is identical with syphilis, a disease 
which is remarkably amenable to medical 
treatment and is undoubtedly curable. It is 
for discussing this theory of Doctor Fitch and 
criticising his statements and methods in 
applying it, that the defendant is charged with 
the crime of libel. The subject is one of vast 
interest to the whole community. Nearly all 
of the physicians of this country have been 
studying the disease of leprosy for years; they 
have not hesitated to expose themselves to its 
contagion, have patiently investigated its 
nature, trying to discover some clue that might 
lead them to some method of treatment which 
would conquer a disease which has hitherto 
been found unconquerable. All the physicians 
here agree, with one exception, and that one 
exception is Doctor Fitch, that leprosy is 
altogether distinct from syphilis. All the 
great medical authorities over the world, with- 
out exception, support this view. Upon this 
question depends the moral, social and com- 
mercial future of the Hawaiian Islands. 
The law of libel is intended to afford protec- 
tion against the publication of injurious, false 
and malicious statements. If criticism of offi- 
cials is true and published for justifiable ends, 
it is praiseworthy no matter how damaging it 
may be to the official referred to. It is right to 
insist upon the strictest accountability of 
public officers. Who may as properly and 
effectively insist upon this accountability as 
independent journalists ? If the laws be 
administered for other motives than the public 
good, if ulterior ends be considered, if outside 
influences are allowed to have weight, the ends 
of law are defeated. It is the privilege of 
every newspaper to comment upon the faulty, 
methods, the improper action, or the bad official 
character of any public servant. It is not only 
a privilege but a duty. If the public journals 
do not spread before us the incompetence, the 
irregularities, the improper or unlawful con- 
duct of officials, who will ? The newspaper 
that neglects its duty in this respect is not 
worhty of the name. Now the existing man- 
agement of this matter of leprosy is more im- 
portant to this community than any other 
question. It goes to the pocket of every tax- 
payer. It is a menace to property, to society, 
to health and life. It is the great public ques- 
tion, and Doctor Fitch is its principal exponent. 
The legislature and the government have 18 
FITCH Vs. THRUM. 
given him great powers. He is the chief 
executive officer in the treatment of leprosy. 
He is an agent of the board of health, with 
the law and the police at his back. He has 
more power for good or ill than any other 
officer in the kingdom; and though his rank 
may be lower and his salary less than that of other 
officers, he holds to-day the most important 
office under the Hawaiian Government, for on 
the proper exercise of the authority of his 
office depends the health, the wealth and the 
future of the realm; and if he may not be held 
to a strict accountability, if his methods and 
professional conduct be not fair subjects of 
newspaper inquiry and condemnation, then 
there is no such thing as freedom of the press 
and free speech in the kingdom. We all 
know something about leprosy. We have 
read something of its history here and else- 
where, and we have doubtless gathered from 
the medical testimony during the trial much 
additional information about this dreadful dis- 
ease. We are all familiar with its ap- 
pearance. No disease was ever so fear- 
ful, none so hopeless. It is not a 
mere matter of life and death, but of 
worse than death; for in its course death be- 
gins years before life ends. Life to the leper 
is worthless, and worse than worthless. He is 
loathsome to others, and most loathsome of all 
to himself. In the middle ages, leprosy ex- 
tensively prevailed and segregation and nothing 
else has driven it into the corners of Europe. 
How is it here ? I tell you, gentlemen, the 
government is playing with this disease. When 
you see the king and the board of health, all 
laymen, going on a kind of picnic party to the 
Kakaako hospital, taking with them one—only 
one—physician, out of the three medical in- 
spectors of lepers, examining the patients, hav- 
ing them stripped, and, upon the advice of that 
one physician with his unsupported theories, 
turning nine of them loose upon the community, 
and then writing the affair up in a newspaper, 
I say it is worse than child’s play. And they 
dare to do this when every medical man in the 
kingdom, except one, says that such action is 
dangerous to the public at large—and that on 
is Doctor Fitch, the prosecuting witness in this 
case. Is it not a comendable thing in a journ- 
alist, week in and week out, year in and year 
out, to fight this kind of thing and to denounce 
the man who has aided and abetted this out- 
rage, and others like it ? If the most influen- 
tial medical office in the gift of the government 
is held by a man who is unworthy to hold it, is 
it not the duty of newspapers to say so ? This 
man is medical superintendent of the leper set- 
tlement on Molokai, is in charge of the public 
dispensary in this city, is physician of the 
branch hospital on the outskirts of the city, is 
an agent of the board of health, with power to 
arrest, imprison and segregate every leper that 
he can find, and it is his duty under the law to 
do so. This man can stamp his action for 
good or ill upon the future of the whole Ha- 
waiian race, and upon all classes of this com- 
munity. We have had medical testimony that 
leprosy is seen daily on our streets, is found in 
public places of resort, and among government 
employes. It is the clearly defined duty of 
Doctor Fitch to carry out the law of segrega- 
tion. How has he done it ? We find him with 
his two theories, that leprosy and syphilis are 
identical, and that leprosy in certain stages is 
not contagious, or is not contagious at all, 
as he says in his printed statements. If he 
confined his theories to private practice we 
might have less ground for noticing them. 
But to experiment with his theories at the risk 
of the whole community and in defiance alike 
of medical testimony and public opinion is an 
outrage. He admits that Mr. Sumner was 
discharged upon his recommendation. It was 
said that Sumner was to be isolated at a pri- 
vate house at Fisherman’s point. But he was 
not isolated at that place. He remained there 
a few days and removed to a house in the 
heart of the city, near the Hawaiian Hotel; 
has been to Waikiki; is free, in fact, to go 
where he likes and to associate with whom he 
likes. And there is the unfortunate young 
lady who, I believe, is a fine school teacher, 
who has been treated by Fitch for leprosy for 
more than a year. She has been allowed to 
carry on a large school of little children FITCH Vs. THRUM. 
for all this time, children who have 
not the knowledge and discretion of 
adults in regard to this disease; is not 
this almost like murder ? And yet the prose- 
cuting witness says he believes in segregation. 
Is not such action worthy of all the condem- 
nation that can be conveyed with types and 
printer’s ink ? Does it not call for more severe 
invective than has yet appeared in any paper ? 
Taxpayers have a right to inquire into the 
stewardship of their servants: have a right to 
know what officials are doing and why. If a 
defamatory article be true and is published 
from no unworthy motive, it is not a libel, no 
damages have been sustained and no punish- 
ment ought to follow. This defendant has no 
ax to grind. He has the same interest that 
you have in this subject. In the exposure of 
great wrongs, strong language is necessary; 
milk and water remarks are useless. Doctor 
Fitch is not on trial before you, as you may 
have imagined, from the efforts of the counsel 
for the prosecution to limit the introduction of 
evidence on the part of the defense. The 
liberty of the press is on trial. You are to de- 
cide whether it be worthy of praise or blame 
to try to prevent official abuse. You are to 
decide whether it is desirable or not to restrict 
truth. As Anglo-Saxons—as members of a 
national stock to whom belief in free speech 
and a free press is a cardinal principle and 
for which your ancestors have been ready to 
fight, to you I appeal to guard this great 
privilege. What would we be to-day without 
an independent press ? Without it the ten- 
dency here would be away from liberalism and 
toward unconstitutional government; this ten- 
dency is alone held in check by the presence 
here of an independent press representing a 
healthy public sentiment. There are two or 
three or four small sheets fighting this battle; 
but they are independent. Let us keep them 
so; let us not drown their protest till the 
offenses of misgovernment are reduced to a 
minimum, till the nation’s life shall be alto- 
gether in the hands of honorable men. 
The physicians of the world, with the single 
exception of Doctor Fitch, agree that leprosy 
is contagious. It is not safe to let a single 
leper associate with those who are uncon- 
taminated. It is Fitch against the world. He 
has been unable to produce a single medical 
opinion in favor of his belief. Doctor Trous- 
seau has told you that he fears the possibility 
of leprous inoculation by means of fleas, mos- 
quitos and flies, and that in France a certain 
disease is transmitted through a kind of fly. 
How would it be here, in the years when those 
purple flies abound, whose bite ordinarily is 
dangerous, should they become charged with 
the deadly virus of leprosy? Imagine a south 
wind to send a hundred million of mosquitos 
from yonder hospital on the reef to the homes 
of Honolulu; who can defend himself or his 
family from such possible messengers of infec- 
tion ? I say to you that the hospital at Ka- 
kaako is a standing menace to the safety of 
every man, woman and child in this city. It 
is not a detention hospital, but a permanent 
hospital. And now as to the use of the terms 
used in the article complained of: The article 
uses the words “quack,” “charlatan,” 
“knave,” “rogue” and “ignorant pretender,” 
not absolutely “ignorant pretender,” but “com- 
parative ignorant pretender.” Now, quack 
means a boastful pretender to medical skill, 
and a charlatan means about the same. . I 
leave it to you if the evidence does not show 
these words to have been correctly used. 
Knavery means in law dishonesty, not financial 
dishonesty necessarily, but a slight sense of 
honor. What about the eye practice? Two 
witnesses state that Doctor Fitch admitted that 
he had no experience in eye operations before 
coming here. He wants to learn, and he 
takes advantage of his position at the govern- 
ment dispensary to get some experience in this 
line. He uses no opthalmoscope, and he has 
put poor fellows to the pain and danger of an 
operation, w'hen he might have known that 
there wasjnot the slightest chance of doing 
good. He performs the operation for cataract 
on Grunwald when he was incurably blind, as 
he might have ascertained if he had been a 
competent physician, and he promises him he 
will have his sight in three months after the FITCH Vs. 
THRUM. 
Kalawao, and when Doctor Rogers—a good 
physician, as he admits—offers to take the 
place, he opposes it because it will diminish 
his own salary, and the poor unfortunates at 
Kalawao go without a resident physician. 
It seems to me, gentlemen of the jury, that 
looking at the evidence in this case, together 
with Doctor Fitch’s published articles and his 
testimony in the case, we may find that the 
article complained of as a libel, is substantially 
correct and appropriate to the occasion. We 
find Doctor Fitch’s own statements often 
utterly inconsistent with each other, even in 
the limits of the same article. Over and over 
again in these articles does he profess to insist 
upon strict segregation. In practice he cares 
nothing for it. Sometimes he says leprosy is 
neither infectious nor contagious, and again 
shows it to be so easily transmitted that it may 
be taken by smoking the same pipe or eating 
poi with lepers. It is apparent that in his 
published articles he has stated a good deal to 
catch the eye of the public, but which he never 
intended to reduce to practice, and which he 
never has put to practice. At the hospital at 
Ivakaako segregation is a sham. The patients 
climb over the palisade and escape, and friends 
communicate through the palings. I believe, 
gentlemen, that you fully understand the case 
in all its bearings and its great public import- 
ance. I submit to you the interests of the defen- 
dant, Mr. Thrum, on trial before you for his 
liberty, and the interests of the free press and 
of free speech in the Hawaiian Islands. I thank 
you for the patience and attention with which 
you have followed the course of this long trial, 
and listened to my arguments. 
mr. russell’s address. 
Mr. Russell then rose for the prosecution 
and said: The counsel for the defense said 
the doctors of this country fought this dreadful 
disease of leprosy at their own risk; if this be 
true, which one of them has done any more 
than Fitch; has any one done as much, or half 
as much ? Doctor Fitch tells you, and he is 
not contradicted, that in the dispensary they 
come there to be treated for syphilis and lep- 
rosy; when the natives knew it was the best 
operation, when he ought to have known, as 
Doctor Brodie stated, that after an operation 
for cataract the patient will see immediately, if 
he is going to see at all. It is painful to think 
of this man going around recklessly slashing 
the eyes of trusting natives and others for the 
sake of acquiring experience. The article 
charges him with being a “comparatively ig- 
norant pretender.” There is his diploma. It 
is in Latin; I do not know exactly what it says, 
but it has a respectable look. It is not the 
diploma referred to in the license to practice in 
California. It is dated March ist, 1870, 
whereas the diploma referred to in that license 
was dated the 26th of February, 1870. This 
could not have been a clerical error, as both 
the month and the day of the month differ. 
There may have been an honest mistake 
in regard to this difference of dates, but I 
submit it to you as it stands. But a diploma 
simply gives a man’s standing|at the time of his 
graduation. Thirteen years afterwards his 
standing is decided by his success and his 
methods. Whatever Doctor Fitch has been 
doing all these thirteen years, he has hardly 
held to the knowledge required for obtaining a 
medical diploma. Why should he have come 
to these islands three years ago at a salary of 
$75 or $125 a month? The litmus paper test 
is significant. Mr. McCartney said that Fitch 
asked him how to use litmus paper in testing 
for acid and alkali. Doctor Fitch, on the 
stand, after stating that he thought he had a 
very good memory, said that he never could 
remember about' using litmus paper and 
always had to turn to his books to ascertain 
the correct way. lie also spoke of two or 
three kinds of litmus paper, whereas there can 
only be two kinds. In the management of 
the dispensary, Doctor Fitch testified to 
having on occasions, or on one occasion, as 
many as three hundred and twenty-two 
patients in one day, and that he diagnosed the 
whole of these and prescribed for them in six 
hours, which allows about a minute and a half 
for each one. Does not this sound like 
quackery ? He recommends to the board of 
health that a resident physician be stationed at FITCH Vs. THRUM. 
thing to do, they flocked there by hundreds. 
It was his duty as the medical representative 
of the government to encourage that which he 
had instilled in the native mind, and which 
was this, that the better course for them was 
to come forward and be treated for whatever 
diseases they had, and more particularly lep- 
rosy, and not hide away in caverns and garrets, 
as had been their custom before the kindly in- 
fluences of Fitch, which educated them to the 
standard of offering themselves for treatment; 
I contend that Fitch performed that which 
good judgment dictated; I contend that his 
treatment was just such as to nurse the native 
mind, and no man has cultivated that prin- 
ciple more than he. Is that reckless treatment ? 
Reference was made to the fact that doctors 
meet lepers in the street every day; the only 
evidence on that point was given by Doctor 
Emerson. He saw two new acquaintances, 
and they were lepers, in sixty days. It is said 
that Fitch’s theory was his own. I don’t pre- 
tend that a man’s success is a proof of his 
ability, because hundreds of the ablest men 
have been failures; the attempt is made to 
drag Fitch into disrepute in comparing him to 
Columbus, who discovered America; Jenner 
was mobbed for his discovery of inoculation as 
a preventive of small-pox. 
A great deal of stress was laid on the case 
of Miss Agnes Aylett. A year ago she went 
to Doctor Fitch; he told her he thought she 
had leprosy and he treated her for it; she is 
not a private patient; she is a dispensary 
patient; she told you that the black spots that 
were on her person have disappeared under 
the treatment of Doctor Fitch; she has not 
suspended a single day in her vocation of 
schoolmistress; would any of you suppose 
from her appearance that she was a pro- 
nounced leper? Doctor Emerson said in the 
early stages of leprosy it was less contagious 
than in its advanced stage. As to the inde- 
pendence of the press, I am at a loss to under- 
stand what it is intended to convey. If the 
“liberties of the press” are meant, that, I 
understand. If you rank the fourth estate 
-greater than the government, then the govern 
ment had better collapse. There has been 
nothing unfavorable presented to you that 
affects the diploma of Doctor Fitch. The 
vigor he has shown in his former life, in order 
to attain his present position, is highly com- 
mendable. He went onward and onward 
until he reached the point that he sought to 
achieve. Reference has been made to his 
methods of dispensing. Doctor Hagan told 
you what occurred at the dispensary during 
the two or three visits that he made. There 
was not an instance shown you where a mis- 
take had occurred through the want of atten- 
tion on the part of Doctor Fitch. A good 
deal has been said about letting these lepers 
go from the branch hospital amongst the com- 
munity; it is not exclusively the work of 
Doctor Fitch; Doctor Trousseau said he had 
signed papers allowing five persons to leave 
the branch hospital; he did not say they were 
persons that were there by mistake. Allowing 
these persons to go abroad is not in conflict 
with Fitch’s theory. 
If it be true that it is not dangerous for Miss 
Aylett to be abroad, how could it be said that 
it was dangerous for Sumner to be at large ? 
Fitch does not say that every stage is entirely 
non-contagious. Four or five persons were 
presented here to illustrate Doctor Fitch’s 
theory. The photographs also presented were 
taken at the time of their entry into the hos- 
pital, and I claim it showed a wide gap be- 
tween their former and present condition. 
Instead of being a sorry picture, it is a picture 
of which Doctor Fitch ought to be proud, oj 
which the community ought also to be proud. 
Can it be said of a man that attains such results 
that he is a “ quack ?” 
[The learned counsel analysed in detail the 
various cases that had been presented to the 
jury during the afternoon, showing that the 
theories had been carried out and the means 
had been effectual in removing the previous 
ghastly appearance of the patients. He also 
referred to the testimony of Doctor Rogers 
with regard to the dispensary being closed on a 
certain occasion; also, to the operation on the 
eye by Doctor Fitch.] FITCH Vs. THRUM. 
How far does all that has been shown and 
told you convince you that Fitch is a “charla- 
tan” and a “quack?” The article in question, 
instead of representing the liberties of the 
press, represents the abuse of the liberties of 
the press. The press is a power. What has 
Mr. Thrum done towards stamping out this 
dire calamity from our district ? Which of 
them is the quack, Thrum or Fitch? “By 
their deeds ye shall know them.” bias Thrum 
presented any tangible evidences of his theory? 
I agree that if the liberties of the press were 
muzzled, it would be detrimental to the public 
interests. Is not Fitch the victim of a des- 
potism of the press, and for which he brings 
the press before the bar of justice? Mr. 
Daggett, minister resident of our powerful 
neighbor, the United States, in his introduc- 
tory remarks in opening the exercises of the 
Americans a few days ago, July 4th, was 
pleased to say: “ I see before me representa- 
tives of nearly all the nationalities of the world 
—Germans, Scandinavians, Englishmen, Irish- 
men and the gentle Hawaiian, who comes 
here with his kindly aloha to welcome the 
stranger within his gates. ” If Mr. Daggett 
had ransacked the vocabulary, he could not 
have found a more appropriate word than 
“ gentle,” to describe the native character. 
Shall not we, as strangers within his gates, ex- 
tend our kindly aid, our heartiest aloha to him, 
and endeavor by every act to aid and succour 
him, and exert our every energy to ward off 
and finally stamp out this dire disease which 
threatens his national existence? I take it that 
it is a duty incumbent on every one of us to do 
so. Has not Doctor Fitch done this ? What 
has Mr. Thrum done looking to this con- 
clusion ? Comparatively nothing, save the 
writing and publishing of such articles as these 
from the comfortable editorial room, while 
Doctor Fitch exposes himself to many incon- 
veniences of travel, and the risk of being 
poisoned himself by this terrible malady. I 
ask you to consider the whole subject, not only 
from a personal standpoint, but from a national 
stondpoint, and there is nothing left for me but 
to add my thanks for you patience and atten- 
tion, and I leave the case with you. 
In the midst of Mr. Russell’s speech, about 
7 o’clock, a recess for supper was had. After 
Mr. Russsell’s close, came the charge. 
CHARGE TO THE JURY. 
At the conclusion of Mr. Russell’s address, 
Judge Judd charged the jury (in brief) as fol- 
lows : He spoke of the case as one of national 
importance and said that great interest was 
shown in it, greater than had been evidenced 
in many murder trials. The court-room had 
been tilled with spectators during the past two 
days. He said to the jury that if they found a ver- 
dict of guilty, it must be of first or second degree. 
Criminal action for libel was justified by the usage 
and experience of all nations. Since the first penal 
code of this kingdom, made in 1850, there had 
been a libel law on the statue books. The whole 
of the article must be considered. The first 
issue was: could the article l'airly be considered 
as applying to Doctor Fitch; the second, were 
its applications true or false; the third, was it 
published for justifiable ends. If true, and 
published maliciously and without justifiable 
ends, it would still be libelous; but, if true and 
printed for motives of public good, or if it 
could not be found to apply to Doctor Fitch, 
then the defendant must be found not guilty. 
It was not necessary to prove the literal ac- 
curacy of every epithet used; but if the general 
scope of the charges stand proved by the evi- 
dence, and the general intention of the publi- 
cation be proven to be good, then the accusa- 
tion of libel is not sustained, The importance 
of the office held by the prosecuting witness 
could not be overestimated. If, by any means, 
these islands should become a plague spot, the 
effect would be more important upon the future 
of the nation than the withdrawal of the reci- 
procity treaty. If the medical man in charge 
of all those supposed to be afflicted with leprosy 
should assert and believe that leprosy is not 
contagious, and succeed in producing a general 
acquiescence in this belief, the public fears 
would be lulled, and persons be less likely to 
be careful in keeping themselves from conta- 
gion. The injury which such a course of con- FITCH Vs. THRUM, 
duct might entail is untold. And the Saturday 
Press could not sustain its character as a leader 
or as an exponent of public opinion, or a 
guardian of the welfare of the country, if it did 
not expose the falsity of such an opinion—that 
is, if leprosy is in fact contagious. So also, if 
the medical superintendent and the agent of 
the health, who has by law almost unlimited 
powers, shall by his published reports to the 
legislature, or by his other printed articles or 
spoken words, induce a general belief that 
leprosy and syphilis are identical, the result 
would be, that those who are living pure and 
moral lives would become careless as to the 
exposure of themselves or their children by 
mere contact with lepers—believing sexual in- 
tercouse, by which syphilis is commonly taken, 
to be the only way in which they could take 
leprosy, and keeping themselves free from that. 
So, if Doctor Fitch should persuade people 
generally that leprosy is curable, people would 
become indifferent, and say: “I have the 
means of employing a physician; it matters not 
if I take leprosy. I can be cured.” It has 
been often stated that among people where 
leprosy is less feared, it spreads with greater 
rapidity than where it is more feared. Now, 
you have heard the testimony of all the other 
physicians, except Doctor Fitch, and quoting 
from medical authorities all over the world, 
that leprosy is not identical with syphilis, that it 
is incurable, and that it is in a certain sense 
contagious; and if they have proved this to your 
satisfaction, the defendant was justified in what 
he said of Doctor Fitch. Doctor Fitch has 
said that he believes in a policy of segrepat'on 
of lepers. If he allows lepers to be dischargect, 
who, by th: weight of testimony, are not 
cured, would this be adhering to a policy of 
segregation? The physicians who have tes- 
tified for the defendant say that leprosy may 
be ameliorated by treatment and by improved 
diet and hygenic conditions. Therefore, the 
introduction by Doctor Fitch of lepers from 
the hospital whose condition is improved was 
not strictly rebuttal; but I admitted this proof 
because it is difficult to show whether leprous 
patients are merely improved or cured; Doctor 
Fitch is in one sense himself on trial, but only 
so far as to test the truth of the terms applied 
to him by the Saturday Press; and not whether 
he is not doing a great deal of good to the 
native Hawaiians in treating them for syphilis. 
The question is, does he not do more harm 
than good ? The testimony that refers to 
Doctor Fitch’s conduct in the dispensary in 
prescribing for three hundred patients in six 
hours, his operations for cataract, and in his 
use of litmus paper is all to be considered by 
you in regard to the language used in the Sat- 
urday Press concerning him whether he is an 
ignorant pretender with theories that are a 
snare and a delusion. And yOu will not forget 
the fact that the diploma presented in evidence 
to-day, bears a different date to that of the 
diploma referred to in Doctor Fitch’s certificate 
to practice in the State of California. The law 
gives the press great latitude, but holds it to a 
strict accountability; and it is necessary for the 
jury to decide, not only whether the article is 
defamatory, but whether, although defamatory, 
it is justified by facts and was published with 
good motives. You can have but little reason 
to doubt that defendant’s motives were good, if 
the facts he has published concerning Doctor 
Fitch are true—for his motive was to advance 
public welfare. 
After the charge, the jury retired, and, after 
an absence of between ten and fifteen minutes, 
returned with a verdict of “not guilty,” two 
dissenting. 
Mr. W. O. Smith assisted Mr. Dole for the 
defense during Saturday. 
The in.erest of all classes in the trial was 
manifest from the first, and increased in in- 
tensi y as the trial progressed. Almost, if not 
quite the entire bar of Honolulu, including 
the attorney-generals, de jure and de facto, were 
present at the close of the trial. The verdict 
was greeted with applause, and the defendant 
congratulated on all hands.