The New York herald., 1877-09-13
THE ALLEGED MALPRACTICE.

THE ARREST OF DIR. MEYER AND WIFE PRO-
NoUNCED ILLEGAL--THE PRISONERS BAIIED.
Promptly on the opening of Supreme Court Cham
bers yesterday Dr. Leo Theodor Meyer and his wife,
Mrs. Emile Meyer. were brought before Judge West
brook pursuant 10 wrts Of habeas corpus granted tho
day previous upon application OF William f. Howe,
their counsel Ihe bref Incarceration OF the prison.
ers did not sesm judging from their appearance, TO
have sensby affected their health spirits, for they
chatted quito freely together, as also wh thor
sci and numerous friends present As Judge West
brook, however, had heavy calendar of cases, the
argument In the matter was postponed nt hali.past
one when the prisoners were again brought into court
On the being called Mr. Howe rccited the cir.
cumstances attending the arrest OF the prisoners and
took occasion to euogze Dr.. Meyer physician OF
most respectable standing He then stated that the
Doctor and his wife had arrested upon tho nna-
ton that malpractice had been committed upon Two
young lalles He recited Mt length what transpircd
before Police Justice Fammer, on Tuesday, at tho
time he appeared before that magistrate Tor the pur
pose OF having examination in accordance with HIS
Honors order. He said there was good deal Of
whispering, close consultations and exhibition OF
secrecy the part Of the prosecuting counsel and his
witnesses that was very bcwidcring himse and tho
purport Of when he utterly failed to comprehend
JtDGg fL.AAMsRs ACTION
Having made the ABOVE preliminary statements Mr.
before Justice Flammer rs already published Ia the
HERALD. He insisted tnat IA none ol tho afIdavs
there anything 10 mplicatc Dr.. Myer with having any
thing to the commission oil the offence charged.
lie thcreupoh asked the suiU Justice FIanmor re
lease DR.. Never irom custody, and madc motion to
that effect, which was denied. Ito tDcn asked the
Court what evidence there was against the Doctor.
Judge FlaInmer said he couldn't help whether there
any evidence against hun Or not there certainly
very SICK young lady. and her charge
serious Finaiy Justice flamncr refused TO
DO intcrrogaicd any further. anu wound up with re.
Howe saG he walvod an examination IN his case. lie
denounced the acton oi Judge F.arnmer rs an ont
rage, but stated that he rccyecied the gov
ernng magistrates n such Gases, ald that tnerc
supreme Court which tribunal he ioit satisfied would
render him the justice denied h,m III the lower
As to the charge against Dr. Meyer he would dony
tue charge, because there Was none aga ust h'm.
After WAVING examination. which was his saiu-
tory right, he would MT stniuly himscr by ASKING
DR. Meyers oiscnarsc. but world siinp! ask bis re-
lease on bail
WAITING ron MORE rRoor
Assistant District Attorney L.ry, VINO appeared for
the ION. said that return showed tnat
examination stIi pcndns before the police uogs-
trale The principal witness now ia tho house OF
the accused aud in such low condition ,hht Dr. Phelps
sa,d sh, wuud no be able to appear 10 court tor two
weeks. All tbs magistrate couid do was 10 act upon
the pYooi before him. me iacls, ne urged, showed
concusiyelv that she had bccu ibe victim OF naprsc
tce, while under the Doctor rooi III the banGs OF his
wo that u he WAS not principal IN thc perpctra-
ton OF the he was, at the east, ~ accessory
He insisted that they should BE- kep IN custody until
other proof bo obtained against them, and tuat 10 WAS
not a case IN winch to admit them to oat.
ARRESTED wIIHOur wArRANI
Judge WostUrOok-I magistrate can certainly take
bail under the warrant
Mr. Leary--Iherc was no warrant
judge Westbro0k-What, no warrant
MIR. Howc-rhut Is only minor irfcgalsriiy IN tho
case.
Judge Westbrook--In this way most respectable
pers0n might be arrested aud put IN jail aud detained
there indefinitely under some protcxt OF crime II
would do gvo judicial sanction 70 such conduct
This arrestng without warrant was clearly Illegal
Mr.. Leary-i suppose -
Mr. Howe-Dont suppose any thing. There has been
too much supposition ia this matter already.
Mr.. I.cary--I don't know whether this woman will
live or not
Mr. Howe-Tou have already said that tho Doctor
says Will be abe TO appear as witness within
weeks.
Judge wes,brook- If there Is any danger hcr ante
morlem can be taken
ADMITTED 10 BAIL.
Alter aome further discussion Judge Wcstbrook de-
cded that was clearly case jusyng tho admission
OF the prisoners 20 ball. Counsel suggested that $500
bail In oach case was ample. Mr.. Lcary INSISTED on
making the amount $4,000 each. Judge wcstbrook
nnalIy nxed the bail ~ u, 900 each