The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-28
DOCTOR CUTTER CLEAR.
An Exciting Scene in the Essex County IN J.)
Oyer and Tefmincr.
Sentenced to Pay Fin, OF Five Hundred DOH
lars-Addres Of Judge Depue What the
New York and Newark Doc.
tors Did and Said.

GtuCS VIC tIlhl VI Ut. WlckeS, VINO was COUvICyeO
OF selling medical works embeIlisned with alleged
obscene prints, In Newark, lille over three years
ago, the latter city has had case which ex-
cited so much attention as one brought to o
close yesterday-that or DR.. Jtmes b. Cutter
for producing abortion The facts in the
case have already been fully paced before the
public In the HERALD, ana 1t only remar
to describe the closing and exciting scene witness
Yesterday III the Oyer and Ternlner OF Esq
county at the Court House In Newark. Tne publ
aware that the day was sentence day. crowd
the court room TO almost an inconvenient state 10
before the judges took their seats. The doors W,
thrown open before ten O'Clock, and the Judi
passed IN to their consultation room, where ,hey
remained for nearly two hours,
DECIDING THE D0ox
OF all the prisoners who had been convicted or had
pleaded guilty during the term. 1t was expected
that the OF the Doctor would be called nrst, IL
being the most important. In this however, the
attendance were mistaken; 1t was not gill
nearly the entire calendar had been dis
posed OF that his case was taken ur. Among
the attendance there was noticeable out one
or two members OF the prisoners profession. He
himself sat alone IN side lOom. guarded by tall
constable named Lang. while the other prisoners
were kept IN the room allotted for them. he was
attired with scrupulous nearness in well fitting.
fashlOnably cut blue coat immaculate white cOrdu-
roy pants and vest ana ct ceeros to match. Shortly
before twelve O'Clock the
JUDGES MADE THEIR APPEARANCE
and took their respective pOstt ms on the bench
The buzz Of conversation was instantly stopped and
all eyes were turned towards the bench, on which
sat Judge David A. Depue, presiding; 4. q. Teeses
Herman Ise, william B. Guild and Jesse Williams,
associates Alter the usual prelininares the prfs-
oners were called up one by one, and Jer.
sey justice dealt out TO them according 70
their deserts. The first prisoner arTaIxn00
was one Thomas English who had polished
or fellow man In true boxers style. He was ned,
and the prisoner John Lyon, charged similarly,
was disposed OF similarly. In passing sentence
Judge Depue took occasion to say In relation 70 the
BEHALF that IL opened the door I'd paries DESTROYS OK
perjury long list Of 9her cases
CEASE LOT, JAMES B. cuTTER,u
was called. Forward 3 eppei the doctor to O posi-
ton directly opposite the wearers Of the ermine,
and stood erect, with his hands clasDed In front.
firmly, yet penitenty and hopefully at the presiding
magistrate, pm might have been heard to fall, so
deep was the silence. Ii was broken at length by
Judge Depue, who addressed the prisoner as fol-
lows:-
jaime. D. Gutter You are indicted for misde%sanor
charged you acknowedsed your quit ana pleaded guilty
az ss s an as the
The s % " Sr se n. not and .e:s
Ssy a sns
The ias
n q 10 ~ &
sind There are IN your case many ccums;ances 70
ySu pleaded e guilty oa h. 'ss
offence and have that contrion and sorrow
also had laid before ceraeaie signed Sy your own
sente%en %e Known for @ and high ssnd
9, ySr IA NE n pSsSe IN and your
good bearing witness to your scennc attain
certificate signed OF The most prominent
g save sg 1o 81 o e s an
you from IMPRISONMENT .,na,,l and punish you By n1e
I h . 10 ias sSo
Y ysn ss s as sn y
fact that have already been cnnnned the county jail
publicity. The charge these circamssancss sis
win inuct punishment, BY imprisonment, but by dne
IS net To co a e s eed % s
the extreme pena The sentence Of the Court that yon
There was an audible breath OF relief heard when
the Judge reached the concluding words The
Doctor, accompanied BY the Sheriff his counsel and
lew friends proceeded ut once TO the Sherr's
Cicc and paid the amount tS5Jl, and few minutes
- - ras PURE, FREE AIR OF HEAVEN,
clear from custody. Pending his IL was I'M
fortunate for him that the professional abortonlst,
Lookup Evans, was simultaneously before the pub
Judge Bedford. The cases, however. were In NO
wise parallel, except In The name OF the
nal hail. who carried on his infamous practice ;i
purely for gain. regardless OF morality or human
cations OF unprotected young girl, who preferred
death rather than exposure and was not able to pay
solitary cent: This view OF the Cutter case Is fully
borne out III the letter OF
PROFESSOR AUSTIN FLINT,
OF this city, addressed Judge Depue. IN behalf OF
the prisoner. and IN which he said he doubted not
.'that the motives which actuated him in this
| offence were meritorious-that Is. he WA led to
commit the crime by sentiments OF ply. Physicians
| In general are not upfrequently appealed to In
way 10 require strong resolution In order
to follow the dictates OF duty instead Of
yielded TO an appeal male to MS sympathy.
II this be so, certainly in moral aspect his ofence
should not be classed with the acts OF the abortt0nis
who deliberately commits the crime for the gain.n
letter. fully concurring In the foregoing, was also
Gutter first preceptor. Professor Doremus speaks
OF tne brilliant career In Newark OF the accused.
and, with Professor Flint, pettioned for decision
which would be las lenlent as was consistent With
Jusce.n
on the petition signed by
THE NEWARK DOCTORS
are The names of John +. Ward, Theron Haight.
Alexander y. Dougheriy and j. &. Cross. The latter
gentleman was foreman OF the Grand Jury which
THE CITIZENS PETITION
embraced most OF the leading men OF the city. and,
among others, those of George Peters. Alderman
westerveIt. Colonel BamtzingholYer. Assemolyman
Ripley, Colonel Abeel, Colonel Lindsey, William A.
dorc l.. Howell and Rev. DR.. jonathan Stearns,
pastor OF the oldest church In Newark, the First
There Was but one expression OF
PUBLIC OPINION IN NEWARK
yesterday on the subject. and that was highly COM
mandatory OF tae Judgment OF the Court On al
sides It was agreed thar the Doctor had fully paid
the penalty OF his CRIME Large numbers OF lead.
ing citizens called on him yesterday. One enthu-
siastc lady, OF excellent connections dropped into
his Office and expressed her satisfaction that he was
dressing his while haired father thai 4 he leaves
Newark he's Il big TOOL; 1t will all blow over In
week." And so endeth the Cutter case.