The New York herald., 1877-03-17
BLACKMAIL OR MALPRACTICE,

ARREST OF PHYSICIAN, LAWYER AND A
MIDWIFE ON THE CHARGE or MALPRAc-
rIcE CONFLICTING STATEMENTS oS ALL
SIDES.
A very extraordinary case was brought into court
yesterday. lawyer, named Washington !. Butler,
once No. 206 Broadway, and residence No. 24i Sixth
avenue, and physician, Dr. Newcomb. Of NO. 2l7
West Forty y-sccond street, and Mrs. Sally Carey,
colored midwife, OF No. 4s7 Eighth ave.
nue, were arraigned before Justice Murray, at the
Washington Place Police Court, charged with being
implicated in the murder OF an infant IL is = CON-
plicsted and very peculiar case. Il appears from the
testimony that on February 25 elderly coorcd
woman named Mary Gilmore, residing at No 4s7
Eighth avenue, taken sick with the pains OF child
birth. Dr. Newcomb was sent for by Lawyer Butler
in whose employ the woman was, and he attended the
patient during her delivery. The doctor maintains
that tho child was sril!born The old midwife,
Sally Carey, who attended tho woman, became taika.
tive. and some Of her remarks reached the OF a
member Of tho drm Of Mooney 4 Boiand, private
detective agency. No. l6o Broadway. Thoreupon q
complaint lodged the District Attorneys office
Detective Schmittbcrger, OF the Twenty second pre-
cinct received . despatch from Assistant District
Attorney Lyons stating that he should proceed
10 the Devonshire House, and that excellent case
ready for him. Al the above named hotel the de-
tective met the Assistant District Attorney. and
informed OF certain persons who were charged with
malpractice. He proceeded at once to the house ON
Eighth avenue. where Mary Gilmore was lying danger
ting at her bedside Tnc physician who attended tho
woman during her confinement was also arrested, as
well as the midwife, Sally Carey.
THE ACCUSED PARTIES
Tho doctor aud the lawyer hold high positions in
society and indignantly deny the charges brought
against thcm. The question OF paternity regard
the unfortunate chd has not yet been fully explained.
The lawyer says that II is "put up job" on the
SHmp'' S:.r ' ss cSo
Tho detective agency referred to heard that
tho midwife had said that tho child cried
after It's birh and she thought that the mother SAID
"Oh, don't let II make any NOISE" Then she thought
that she the doctor put his hand the infant IS
Boland's testimony and II was fatty contradictod by
the midwife Tho doctor testified that he called
IN a. tho request 81 Inc a%ye a1S nat inc child was
leave the their own recognizances TO appear
again before him to-day.
rnx DocroR's NpIGSAriox
Dr.. Newcomb called at Police Headquarters ycstcr.
day on Commissioner Smith, with whom he Is ac-
quninted and made a strong complaint against Cap
tain Williams Tor treating him in an unwarrantabe o
and brutal manner He said that about ten o'clock
Thursday night hc was sitting in the paror OF his
who apparently private citizen, but who
was q private detective for an insurance CON-
house aud asked MIN THE doctor) TO step
into the hallway Oncc there, the doctor informed
that ho was under arrest There was no warrant or
other authority produced. The doctor with his
captor to the Thrtieh street police station, and
there charged with the crime OF malpractice. The
tim was said 10 be an old coored woman who lived
with Mr.. washington l. Butler, lawyer, who was q
patient OF the DOCTORS. The doctor protested his
entire innocence to Captain Williams who was present,
would testify rs to his character and his good standing
IN his profession.
rHx CAPTAINS DECISION.
Tho CAPTAIN SAID that such answer could not be
considered As tho Doctor had been charged with a
crme he must DO locked up Then tho Doctor begged
that he might have the privilege to remain all night
up stairs or to Sit IN chair until morning But tho
Captain was obdurate, and the Disciple OF Esculapus
locked up In CELL still protesting and dcclari ng
his innocence. In hts quarters he found vagrants
and dssoiu.e characters, whose words aud actions
were fearful. A drunkard sang ana swore all night,
aud the Doctor could not sleep.
TIKI MORNINGS SCENE
Whom morning came the unort unaIe physician was
placed among tho disreputnble crowd Inn
during the night and marched through the streets
TO the court There he found out Tor the urst that
| Lawyer Butler WAS in similar scrapc. The lawyer
OF his PATIENTS and At his request he attended
| poor colored woman on Eighih avenue q couple oil
weeks ago. and she was delivered OF stubborn child
He denied point blank anything that referred TO abor
ton and said there was no ground for such state
mcnI
| rHE DOCTORS THEORY.
The Doctor told the Comm ssoncr that he understood
the whole transaction. The complainant Detectiv,
Boland. of firm Ia the employ Of the United State.
| Lilo Insurance Coz Npany, against which company Mr.
Butler has suit involving 81, ,Oo0 oo0 The company
ho says refuses TO pay this claim. and this
an euOTt 10 IoICc compromise OF uscontlnunnCe o
tho suit aud black mailing operation which b,
had been unwttingly drawn. ME- Boiler would, at th
earliest opportunity, get warrant out against Detec
| tive Boland, and the Doctor will make formal com
plant before the Police Commissioners against Captain
| Williams
TIN INSURANCE. CoNPANY's OPINION.
An official Of the United states Lilo Insurance Com
pany assured HERALD reporter yesterday that the
suit against the company by Mr.. Butler, ant
that The detective agency referred to had
with them beyond any other organization OF the kint
whose services they might employ occasions. Al
| that the company knew about Mr.. Butle
was In connection with Insignificant sui
Of Tilton and Fethcr, for whom Mr.. Butler appeared
who exchanged an old policy note plan for anothe
cash plan and VINO complained that they did no
get tho iuil value Of the exchange. The claim a
issue did not exceed $780, however u went Tho com
pany gained In the salient points Of the suit In
other respect did the company know Mr.. Butler.
WHAT THE CORONER SAYS
Coroner Flanagan has TWO afidavits which wer
madc before him yesterday by Detective Boland an,
Sally Carey He says they OF a yer,
serious nature, aud sufficient to authorize
him to look into the matter with tho closes
attention he showed tho certificate OF DR.. Newcoml
regard to the infant and criticised severely
ing In many respects not cOniormablo with the Law
He will mediate measures Tor tho dsin termen
the body OF the child, which has been deposited II
the poor ground In Calvary Cemetery, and no thtnk
that there great deal In the which has 20
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