The New York herald., 1878-03-09
DIR. WHITEHEAD RELEASED.

THE TESTIMONY or MISS TEMPLE GIVEN ON
HER SICK BEp-HER DENIAL THAT THE
PRISONER WAS THE GUILTY PARTY.
The closing chapter al least tor the present, IN the
case OF Dr. Whitehead reached yesterday In he
courts His counsel, Mr. William +. howe, had sued
out a writ OF nabeas corpus 10 brns Miss Lotle
Temple. the young lady upon whom the Doctor was
charged with having performed an abortion, from
the House OF Detention tor examination yesterday be-
fore judge Lawrence, In supreme Court, Chambers
In response TO this writ surgeon Flhurer of the Po
lice Department, submitted his certificate that she
was too sick to be brought Court Failing to Sc
cure her attendance in Court, ant lcpated, Mr.
Howe moved the discharge OF Dr. Whitehead, who
also bad been brought into Court upon sbeas corpus,
insisting that view oil the latest developments
case. and the statement made by
Miss Temple In relation 10 the affair, made
the further Incarceration OF DR.. WnItohead
great hardship and miscarriage oi justice Miss
Temple, he stated, had testified telore Coroner Croker
that Ur. Whitehead was tho man who had com
itted abortion upon her and au.cd that De-
tcctlvc King, one OF The oldest members oil the
ieclive force would, II Necessary, testify that he
had heard her make such statement. as Mas Temple
could not appear court TO asked lhaL referee DC
appo nted to examine her ut the House OF Detohton,
siatng that no was wiling TO let the result be
delermiued solely oy her evidence before suc referee
He also asserted mat Coroner Croker had improperly
faea IN hs return 10 tho Court TO submit ner testi
mony regard TO the iden iication o Dr. Wnitcncad
Judge tWrcnce SAID that IN OF The Importance
OF the Case hc would appoint samuel g. Courtney, ex
UnIted States District Attorney, as referee.
Mlss TEMPLES EXAMINATION.
Following the appointment OF Mr. Courtney ref
he proceeded at once TO Inc House OF Detention
accompanied w Mr.. Howe ana Dr. Whitehead 10 take
testimony. Miss temple WAS in ped, being stili
qGue III, ana though lookng very paic and enluoialcd
answered. the various questions put TO ner DY the
referee with promptness.
NV hat was the testimony usked Mr. Courtney,
s'you gave before Coroner Croker on the 4th
regard 10 tho dentncaon VI tnc person producing
abortion Oh yoLY
81 tod me Coroner when l was before him that
could not identify The prisoner as The man VINO por
..Did you sec Dr. Whitehead, who Is now present IN
the room with the Coroner, when you made that
statemcntY'
ent WHO much more noariy resemoled The person
who performed the operation on me- ihan Dr. White
head "
us this person DR.. Whitehead now standing by
your uedsi1e Inc person who pcrlormel the opera
tion?"
ssNo"
DISCHARGE wHITkHEAD.
The examination o Misc Tempe beng concluded
Mr.. Courtney, Mr. Howe ana DR.. Whitehead again
before Judge Lawrence Ia Supreme Court.
Chambers. Mr. Courtney submitted TO Judge Law
renee the written testimony VI Mss Tempe gwen
above, added That witness iully conprehended
the questions and evnced perfectly clear aua
ratioual mind.
Mr. Howe urged that upon the facs presented Justice
would Ue iuIy carried Out by The discharge OF client
who, he stated, was an honorable physician, ana
although Nine. kesteips hold her proper,
THIS the same queslous wore not involved,
aud the accused entiied ~ an honorable release
and vlndiCatlou. Judge Lawrence SAID u District
Attorney Leary that under tne circumstances the
dence submitted wouir his opinion Jusllly tho
finding oi IN Indictment agains; Ds. Whitehead, ana
he ordered his uischgrsc.
Upon lne announcement Ot tnis decision the Doctor
was imnedaLeiy surrounded by MS vile ana most OF
friends present, who extended to him their con-
graIulationS.