The New York herald., 1868-04-26

testified as foIlows-I live In Franklin avenue: no
to Sunday school at Dr. Buddingtons church in Cin-
ton avenue; have attended for good many months;
don't know wnat 1t Is to take oath; what am to
do is to tell the truth; II ddn' God would punish
me; have been at the Orphan Asylum in Cumber-
land street FOR more than year; know Mrs. Camp
bell (p0inting toward the defendant); know that she
stays there; ON Tuesday last she took the cork of
know how many times MRS. Davis and Mrs. cochran s
were both present at the time; 1t hurt me after was
the bottle was shown the little fellow for dentla
cation. but he could not tell whether it was the same
used He thoughtit was, however.
Counsel for defence-Is that all? have nothing
to ask.
Dr. r. W. Eldridge was then called, ana testified
mat he was the resident surgeon at the Brooklyn
City Hospitals saw the boy in question about half
past O'Clock the evening of the 22d of this
month, when the boy was admitted; made an exam
organ ION the foreskin); witness was OF the opinion
that diluted nitric acid had been used; the bottle
shown seems to be nitric acid witness then defined
the action OF other caustic acids); couldn't tell the
quantity put on the boy, but thought it probable
that ten or fifteen drops might produce the effect
painful to the boy; would think it very painful
Cross-examined-COud not say about the strength
OF the acid IN question Its effect would be supercia
did not find that the boy was ang in any other way
the injury done did require treatment.
Officer p. H. Mclaughlin, being sworn, testified to
having made the arrest OF Anna Campbell on the 23d
OF April In the Cumberland street Asylum, and that
the prisoner told him at that time that she admins
tered the acid by putting drop on the cork of a
under the orders OF her superior in the asylum Mrs.
Davis; she said she did not know what the acid
when she applied It; she stated that it was done
account OF the boys bad habits.
The counsel for defence here offered Mrs. Campbell
as witness, to which Assistant District Attorney
Pearsal objected The court sustained the objection.
Mrs. Jane X. Davis, matron, was then called to
the witness % stand St 6y the counsel and being
objection on the ground OF her inegbility to act
witness for the Defence she being OF the parties
charged with the commission OF the offence
MIR. Dana, the counsel claimed that 1t was a sepa-
rate trial and that one or either of the parties con-
cerned could testify for the others.
The Justice declined to receive her as witness
Dr. ]. w. Hyde was the next called, but was re-
jected on the ground as in the case Of the witness
The prescription nom the books of the apOthecary
upon which the acid used In the operation was then
drachms, glass stopper bottle; one drop at Dose"
Dr. Enos was then called and testified on examn-
ing the contents OF the botle that he thought it
very weak, in accordance, he should presume, with
the prescriptions should not think by the evidence
of the surgeon Of the hospital that or fifteen drops
would produce the effect 1t did; witness never
knew OF acid being applied to boy Of that age.
Dr. ]. s. Speir, sworn, testified that he was prac-
ticng physician of Brooklyn and consulting physi-
clan Of the institution In question: had seen the re-
mains OF caIstic application to the boy; was IA
the opinion that no harm had been done and that
the boy was not suffering any bad effects of the app
cation; Tor such case the treatment directed by
the physician, he should say was proper.
The counsel for defence arose, ana, addressing the
Judge, called attention to the fact that the warrant
under which Mrs. Campbell was arrested was in
formal, inasmuch as 1t charged the prisoner with
.pourng muriatic acid upon the person" of the boy
Ferguson.
The District Attorney remarked that it made little
difference whether the acid was poured on the nose
or on the toes, the assault was The same.
The case of DR.. Hyde was then taken up, when that
gentleman came forward and by permission of the
court made voluntary statement Of the facts, which
had prescribed remedy Tor the boy, who was
afflicted with vice which might be termed disease
and that the remedies ordered were such as had
been employed from time immemOrial by the medical
faculty for the treatment of the disease alluded to-
his instructions were of most explicit nature to the
matrOn 10 use one drop only and apply 1t with the
glass stopper, which was not carried out to the
letter; there was no real injury done to the child
DIR. J. f. Conkn, assistant Sanitary Superlnten.
dent, then testified and supported the statements Of
the other medical men with regard to the general use
of drop OF nitric acid as remedy in cases of this
nature. He had not, however, In his experience
known 1t to be used.
DR.. Mulholand testified that he believed, on the
best authority, that one drop as used by DIR. Hyde,
would be proper. In this view Dr. j. H. Barber also
coincded.
Mrs. Sarah Cochrane, an employf of the Asylum
an elderly and exceedingly nervous female, was
the next witness summoned. She testified that
she was present when the Doctor ordered
put one drop on the boy with the stopper of the
bottle; Mrs. Campbell turned up the bottle and ap-
piled the acid with the stopper to the boy; Mrs. Davis
and myself both present at the time 10 was ap-
Piled; the boy was lying down on the floor; he cried
little at first; did not near him say it hurt; she put
IL twice. could swear that she did not pour
II on him; Mrs. Davis held the bottle.
The witness was very much excited, and made
frequent contradictory statements In answer to the
questions OF the District Attorney as to the details OF
the outrage
Mr.. Dana here moved that defendant be discharged
as II the act charged against Anna Campbell was
done under obedience to the orders OF her SUPERIOR
and not OF her own design.
Mr. Pearsall held that Mrs. Campbell was liable for
the commission OF the assault, even though It were
shown that she had carried out the orders OF the
other parties. She was not bound to violate the law
because told to do so.
Justice Buckley denied the motion for the discharge
OF Mrs. Campbell.
The counsel then, on behalf OF his client Anna
Campbell waived examination the charge Of
assault and battery, to answer before the Court Of
General sessions. Bail was fixed at $1,000.
Mrs. Campbell wept bitterly upon learning the de-
cision Of the Justice in her case.
Mr.. Pcarsa then said that he was willing to admit
the evidence already taken showing the part that Dr.
Hyde ana Mrs. Davis had taken In the assault on the
boy. After brief argument the counsel for defence
agreed to the proposition, and claimed that the pre-
scitpon Of the doctor was proper, and that Mrs.
Davis had merely ordered her assistant ,irs. Camp
beD to apply the acid as prescribed. lie therefore
moved their discharge, which was granted.
The court then adjourned.