The New York herald., 1870-10-05
THE DOCTORS IMBROGLIO.
Or. Merrill Dischargsd-How Citizens Are Ar.
rested and Imprisoned-s.gning Warrants
and Commitments in Blank.

The inquest in the case OF John Linehan, late o
No. 10 Albany street, who alleged to have died
from the effects OF malpractice at the hands OF Dr. j.
N. Merrill. the attending Physician, was yesterday
taken up before Coroner Flynn, at the City Hall.
For reasons best known to the Coroner Dr. Shine
vacated the clerical chair, which was taken BY DR..
Morton who read to jury OF medical gentlemen the
statements OF the widow and sister OF the deceased
reduced to writing some days ago.
Before the reading, however, ex-Judge Stuart,
counsel for DR.. Merrill, arose and said he believed
there had already been an investigation and an
autopsy in this case, what purported to be one.
which he characterized informal aud illegal,
inasmuch az such proceedings were not had in the
presence Of the Coroner. Judge Stuart in continue
tion said he believed the warrant for DR.. IMerrl's
arrest was not signed by Coroner Flynn ana conse
quentiy 1t was forgery and the counsel
thought the same OF the commitment which con-
signed his cnent to the Tombs and kept hum there
for several hours The Judge characterized the ar
rest as outrage, and said 1t not done TO fur
ther the ends Of JUSTICE but to crafty private malice
and for revenge.
Counsel asked Coroner Flynn II he had signed the
warrant and commitment in the case of Or. Merrill.
ama The &SSaer vas saOs to
in'' in this lis particular te A'' case Coroner Flynn
said that when absentlng himself from the city he
was In the habit OF signing warrants and commit
ments In blank, leaving them fol-. his deputy Shine)
TO fill up, believing that he (Shinel had power 10 do
80, as he wasa commissioner OF jeeds Shine, not
wthstanding the declaration OF his superior that
may not have signed the process which deprived
DIR. Merrill OF his liberty, in u somewhat excited
manner asserted that Coroner Flynn had signed
both the warrant and commitment.
Judge Stuart persisted in saying that all the pre-
vious proceedings had In the In the absence OF
the Coroner we've Illegal and o fraud.
DR.. John A. Robinson, or 1874 Grand street, who
was called In consultation thirty hours before Line
hams death, testified at considerable length. He
found deceased suffering excruciatin9 pain. legs
drawn up pulse small and frequent, tongue coated,
and the Doctor described the other symptoms In de-
tail. In conclusion the Doctor said he considered
the case one OF bilious cholic; In q conversation
with Dr. Merrill after the death OF patient DIR.
Merrill Informed him that he had given certificate
OF death TO The effect that Lineban died from acute
peritontts, the result OF perspraton and exravasa
ton; the witness then SAID, "You have committed
YOURSELF" and when asked why he dld 80 In reply
said "he had been talked into IL by DR.. Shine and
Others"
THIS DR.. Shine, who was cross-examnng the
witness, denied, and said nc had not seen DR.,
Merrill Immediately after the death OF Linehan.
The case was then submitted to tho Jury, who
found that deceased came to his death from peril
tonltis the result OF obstruction OF the bowes.u
There not being taint OF suspicion OF any NAL.
practice on the part of Dr. Merrill IN treating de-
ceased, he received the congratulations OF his
friends, with whom ne left The court Before Ieav-
ing. Judge Stuart announced that he should take
prompt action for false arrest and imprisonment, In
consequence OF which his client had been so great
sufferer both In body and mind.
Thus the attempt OF DR.. Shine injure the profess
sonal reputation OF Dr. Merrill by causing his illegal
arrest on grave charge out OF revenge for having
himself been arrested for committing unwarraDt.
able and brutal assault on Dr. Merrill In a sick room
has proved disastrous failure ana for which In turn
he may be made to suffer-
Below viii be found the names Of the medical gen.
ucmen composing the jury, whom Dr. Shine had
summoned personally, doubtless with the belief
that their opinions as to the cause OF Linehans
death would correspond with his own ana result IN
verdict OF censure, II nothing more, against DIT.
Merrill.
Their names are J. @. Morton, M. D.: H. w. Good,
M. D.; stephen J. Clark, NJ D.; J. T. Chauveau, M.
D.; Thos o. Finnell, M. D.; John OToole, NJ. u.