Parkersburg Sentinel
February 22, 1900
The Verdict in The Osteopath Case.
The Matter will Be Carried to the Supreme Court.
The interesting trial of Dr. W. E. Ely, the osteopath for practicing medicine without a license, was brought to a close on Wednesday evening at 4 o'clock.
The whole day had been taken up with the arguments, G. W. Poffenbarger closing for the state. He made a strong effort to impress it upon the jury that Dr. Ely was a physician even if he did not use drugs or prescribe medicine in his treatment, and came within the law as one of those who would be required to procure a license to practice medicine.
The instruction the State asked the Court to give was on the same line, that if Dr. Ely advertised to cure diseases, and affixed M. D. after his name, he was a physician. The Court's instructions were concise and explicit, and he read the law governing the case.
The case was given to the jury at 4:30 and they retired to their room, and returned to the court room with a verdict of not guilty within half an hour.
That the verdict gave almost universal satisfaction was evidenced by the expressions on every side among the spectators who had followed the case very closely from the beginning. Dr. Ely was the recipient of many congratulations, as he departed from the court room
Mr. Laird announced that he would make a motion for a new trial this morning, and desired that the matter be laid over until that time. It has been announced and generally known, that no matter how the case terminated here, it would be carried up to the supreme court by either one or the other.
When court convened this morning Prosecuting Attorney Laird said that other counsel for the state who were unable to be present requested that he make a motion to set the verdict aside on the grounds that it was contrary to the law and the evidence. The motion was made in a formal manner and argued briefly.
Judge Jackson promptly overruled the motion, and in doing so he stated that under the law and the evidence in the case he could not see how the jury could have brought in any other verdict.
The state will prepare a bill of exceptions and the case will be taken through the Circuit Court and to the Supreme Court.