The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-24
THE POST-pERRY CASE.
Termination Of the Trial in Brooklyn-Dr. Perry
Convicted and Sentenced to State Prison.


Convicted and Sentenced to State Prison.
The trial OF DR.. Benjamin Perry for manslaugnter
in the third degree In causing the death OF Emily
A. Post, OF Summerville. N j., was resumed in the
criminal branch OF the Brooklyn City Court before
Judge McCue, yesterday morning, and occupied the
attention OF the Court throughout the day. The
court room was thronged with spectators, who lis
tened attentvely to the proceedings. After the
prosecution rested Mr. Spencer desired the District
Attorney to state which count In the Indictment
they were to answer. The District Attorney de-
clined, and the Court refused to compel him.
Mr.. John C0oney then opened the case for the de-
fence, contending that the accused had object in
trying to produce an abortion on the deceased nor
had the evidence Of the prosecution shown that
such a crime had been committed. He was receiv-
ing SO per week for her board, and It was his
object to keep her there rs long as possible.
Al the termination Of Mr. COOney's address Mr.
Spencer said in answer to q question from the
Court, that the case of the defence having been
pretty fully proven by the prosecution he did not
think it necessary to place more than one witness
the defendant-on the stand. Even the necessity OF
this, ne said, not apparent; but he would do 1t
show the jury the accused was not afraid TO
tell his own story.
DIR. BENJAMIN PERRY
was then called to the stand, and testified as fol-
lows:-I am q physician: have been practising for
ten years, half Of which time has been in this coun
try and the remainder in England; have certin-
cate from both hospitals In London; never was
arrested before; recOllect the brother of the de-
ceased coming to my ONCE on FRIDAY, the 18TH Of
August; he asked me II could get her board
through her confinement; told him that could be
done and that it would cost her $40 week for
board and $50 for attendance. On the following
Monday he brought her in and said that ne
had not the $50 convenient but offered me
$25 but / refused to take that; then he took
some money out Of his pocket which he
counted and found to be al, of which ne gave me
$40, and gave him receipt; he said he would be
in the next night and gave him the address OF
Madame Van Buskirk when he had arranged for
board, and told him that he could call at any time
and see her; he SAID he did not care about seeing
her. but that his mother would in all probability
be there; he did not call as he had promised, and
told Miss Post tnat it very strange that he did
not come, and she said that he would certainly
to her friends In Brooklyn; went back again 10
Mrs. Van Buskirk's on Saturday and told her
day day. had gone me- % me ADDRESS which he had
given IS real estate agent but could
Monday received message from Mrs. Van Bus
kirk asking me TO come over and see her; went
there and she told m, me as nobody having to
friends in Brooklyn; then went up STAIRS and saw
Miss Post and she told me the same thing, and
Brooklyn, offering him So and ferrage; we drove
from his stand TO st. Marks place, where Mrs. Van
then drove to Gold street rec Brooklyn near Myrtle
avenue; rang the bell OF the door pointed out py
being the name she gave OF her mother but
there was no person OF that name; she then
but failed also to fnd her; alter that the '" Gr r
made mistake, and was driving on In the direction
Of Adepni instead Of Dufeld street; on discovering
Miss Posts direction we drove TO DIR Swam's in Du1
field street. and rang the bell in response 10 which
a grl put her head out OF the window and informed
that the doctor and his wife were absent IN the
country; she did not know any person named Jones,
and refused to allow MISS Post to enter the house,
she told us, however That she knew woman named
Virgins, who lived in Prince street; we drove there
station, where told the sergeant had sick lady
whom wanted 10 leave with him; she did not CON-
ana then she did not complain much; when she lett
New York, she appeared TO be about as strong as
when she came into my hands.
CROSS EXAMINATION.
have studied medicine for about I'VE years; my
by ee y nam Psr4y
never practsed IN New Ork under the of Earle;
have been advertising for several years; never ad
vertised in any other name than Dr. Perry; my only
knowledge OF Madame Van Buskirk is that she keeps
a lylngn asylum; don't know whether she ever
practlses medicine herself or not; but know she has
q sign up as female physician; did not think that
she ever took females there to nave them illegit
had physician near by who attended TO cases when
she wanted one; II was not my understanding that
this case; don't know who was her regular
physician; don't know DR.. RosenZweg never met
the house we started about eleven CLOCK from St
Marks place to come to BROOKLYN did not think the
folks would be IN bed; did not suggest that it would
be well to wait until next morning: the reason did
not tell them TO wait till next morning was because
saw they had been waiting for my arrival Tor some
rme; If did say that she could not De delivered
without instruments it was because OF some state
ment in regard TO ner case that saw in the papers,
don't remember what 1t was did in the papers,
the reason that felt interested In the disposition of
MISS Post at Madame Van BuskIrk's was because
the arrangement had been made through me; be.
lieve that her friends lived in Brooklyn: sometimes
send medicines round the uc0untry, and advertise
medicine to bring on the courses; cali that medicine
female pills; they are composed OF aoes, myrrh and
irons receive letters from persons In regard to their
dimculty and answer them directly how TO get rid
Post; don't remember ever having stated that did.
the defence mere rested and after recess for ha
defence, followed by Mr.; Morris for the people.
Sey er ne hssne e
hours they returned In court with verdict Of guilty
OF manslaughter IN the fourth degree.
THE SENTENCE.
Judge McCue, In passing sentence upon the prs-
oner, said the jury had listened to the evidence
sistance OF able counsel 1t but fair to the jury
that he should say that he fully concurred with
in the fourth degree, but he dld not know why 1t
should not be called manslaughter in the first de-
gree. lie Term Oh imprisonment Was TWO years,
which was the longest he could give him, but ne
considered the term short for a crime like this
He then sentenced him for the term of two years in
State Prison.
Mr.. spencer then said, before the Court adjourned
he would move That the remaining prisoner, Mrs.
Van Buskirk, be admitted TO ball
The motion was opposed by the District Attorney,
who SAID that he mad strong evidence against Mrs.
Van Buskirk; that he found whole apOthecary
shop at her house and instruments for producing
abOrtons.
The Judge denied the motion Of Mr.. Spencer, and
Mrs. Van Busklrk was removed TO jail. she Will be
tried Monday, December 4.
P0T.D PARRCRV TN NrmApV