New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-07-18
THE COURTS.
OF DIR. WHITEHEAD.

FAILURE OF THE CHARGES AGAINST HIM-Hls DIS
CHARGE FOR LACK or EvIDEYcE-JUsncE
DUFFY REFUSES TO CONSIDER A CHARGE OF
RLAcKMAIL AGAINST Mr.. wEED-BITs OF THE
pOCrOR's PAST HISTORY.
In the Fifty-seventh Street Police Court,
Eost,ce Kubreth Tuesday held q partial examination
- the case OF Dr. Newton Whitehead his wife Charlotte
and their servant Agnes Holbrook, who were arrested
IN Monday on q charge Of malpractice on an unknown
,topng woman Henry Weed, OF No. 1872 Third-ave,
IA bis wife who are eOmplanants against the " Doc
cor we're present. During the hearing William f.
Howe counsel for the accused moved fof the discharge
az Mrs whitehead the ground that her husband was
responsible for her actions. The Justice admitted that
the motion Was well taken IL he could show that the
woman was the prisoners wife in legal sense. The
doctor testified that he married TO his wife on Feb
ruary o. 1862 by the Rev. Dr. Hermauce in the Meth
Odst Episcopal Church in Fortythirdst near Eighth
ave. and that his wife the daughter Of Mr.. Redan
sexton OF the church Forysxth-s AID FfthaVe for
many years This satisfied the Court and Mrs. White
head was that she could The prisoner said
he was unable 10 get bail either for himself his SER
want and both were therefore committed for further
hearing.
After his counsel had left the court the octor made
very important offer to Detective MCGOWAN, who has
been investigating the There scarcely doubt that
the proposition was the result OF hasty impulse and
would not accord with the wishes Of his eoun-
eel as Justice Kilbreth admitted TO Mr.. Howe
that the failure Of the police to produce
the victim of the alleged malpractice would nm
doubtedy leave him other alternative than to dis
miss the The doctor proposed to bring the person
described by Mr. and Mrs Weed as the doctors patient
into court yesterday The Justice asked the doctor If
he meant what he said, and he replied give you my
word Of honor Judge that she Will be in court at the
hour named for the examination. can give no further
assurance"
The Importance Of this proposition arises the fact
he
any third woman was the rooms at MOL 122 Thrdave
at the time the alleged malpractice committed His
proposition seems to show that third woman was there
and that therefore, the plant OF Mr. and Mrs Weed
that respect at least is corroborated by the doctor
himself The doctor also denied that the
complainants could get complete view
OF the bedroom IN which it is claimed
the malpractice had been committed by looking through
crack above the door. An examination has been made
of the apartments aud was found that perfect view
of the room could thus be obtained Dr. Whitehead and
some persons officially opposed 70 nun, nave Ie
eared the opinion that this is OF blackma on the
In The absence Of Justice Kibreth who has gone
bis vaca On Justice Duffy resumed the examination OF
seventh Street Court yesterday. The courtroom
crowded with persons who had come TO hear the pro-
woman. whom the Doctor had gwen his word to pro
duce court Mr. Weed was called to the stand to give
tie details of his complaint in full His story was cor
roborated by his wife.
The Justice then asked if Dr. Whitehead had produced
in court the woman upon whom IL is alleged he per-
formed operation. Mr. Howe replied that bis client
had promised TO bring the claimed by the Weeds
That was Agnes HOlbrOOk, the doctors servant who Is
the only patient the doctor has ever had IN the house
No 1122 Thrdave. He added: We defy the police or
any one else to produce any other"
Agnes HOlbrOok then sworn, and testified that
she was taken suddenly III in the rooms OF Dr. White
heads brother, &C No 1,l22 Tnird-aye, on tuesday
long now here and the doctor had gone there 70 clean
the rooms the absence OF the Doctors brother ana
wife IA the country. Her illness from natural
causes and TO relieve her pains the doctor gave her
dose Of opium. The young woman, Ella Long,
corroborated this statement which was also supported
The Court then called Detective John MCGOWAN, who
arrested the doctor He admitted that he had no clue TO
the missing witness The Justice, then addressing le
aecneed man, said he had received note from Justice
Kibreh giving the opinion that In the absence OF the
peron alleged have been the victim OF the doctors
Duffy held q similar opinion. He said II would not
change his opinion, II he were TO take for granted
the truth OF an that had been alleged aganstthe accused
man. He would say to Mr. Weed however, that II
within six month he should the he might
form the Justice and her arrest would De ordered lne
dlately. The prisoners were then discharged
Mr.. Howe here produced a paper, which he said was
an affidavit Of DR.. Whitehead charging Mr. Weed with
an attempt at blaCkmaI aud asked the arrest OF MT
Weed thereon Justice Duffy told him CURLY that he
might take his paper before other Justice, he
would not entertain any such motion.
In February last DIR. Whitehead, then living at No.
266 Grand-st was arrested for malpractice upon com
ulaint OF a Young woman named LOtte Temple. Miss
Temple had gone to i've as companion with Mrs AIDE
laide Il Barrett Of No 234 East Egheenth-st, about
Jeuuary Ia February her condition such that she
was discharged When heard OF she at the Home
for Frendess Girls at No 81 StanOns supposed 20 be
dying the effects Of criminal malpractice Ut the
hands OF Dr. Whitehead She claimed that he performed
an operation her In order 20 produce an abortion on
February IA In the presence Of the Coroner Miss Tenn
pie identified Dr. Whitehead as the man who performed
the operation In court, however before Judge L1w-
renee young woman then recovering failed 70 iden-
tify the doctor and he was discharged