New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-09-10
ACQUITTED or M1LPRAC TICE.
DIR. KLINE AND MR.. DAVIDSON DIS
CHARGED.

RESULT or THE COaONER's INQUEsT-TIIE DOCTOR
DECLARED To HAVE ACTED PROPERLY THROUGH
OUT THE CASE.
A coroneIs jury yesterday acquitted Df. knne
and MIR. Davidson of the charg a-1insC tAGih Il;
alleged malpractice ut the Fifth Avenue liotel
on Wednesday morning Inc cOurt-IOoh was
filled at an early hour by men, who crowded rs close
TO the witncssstand a. possible III order 10 eaten
every word of the testimony. The recent contest be
tween COTOucIS Brady ana Merkle as 10 VINO SHOULD
conduct the inquest added not ltti' TO me IN cf-
| est winch the case had aroused, rs 1t had Dech
| rumored chat Coroner Mcrkie would be present 10
! insist upon his right TO 20 on with the case; lie
was not, however am coroner Di4ay
| was allowed 10 proceed undistttrbcd The
| urvmcn were III the room before 10 O'Clock.
| With one exception they were all homeopathic
| nbvslcians and friends both Of Dr. Knne and Cor
1ner Brady Before the inquest DR.. kInnc was
chatting with the jurors and hardly had the to'tl-
mony begun before the foreman began TO a5A such
questions OF the witnesses that listener tenarhtd
lie Is acting as counsel or me uSIchcc' Leaving
his seat the foreman consu ted several times with
the counsel OF one Of the prisoners. The names o.
The Jurors with their aGdre Nes are as f0ilO"o III
Cbarie. r. anpbeii. No. 3l4 East Eightecnrl-s,.;
Dr. Edmund Car.etOn. No. 5e West Nlnth 81; Ijr
Francis f.. 10 gulJ No. 40 West ihlrty -thfd-s!.;
pr William IT, Krause, No. 329 East Fourteenth
-. dr. James A. Carmichael No. IL West Ihir-
telh-st; and Frederick Snyder, NO. 303 Last
Twelfth-st.
The prisoners and their counsel sat at the report
crs' table Mir. Davidson listened edgerly to the
| testimony. While DT. klnne read "A newspaper as IL
| the proceedings dld not concern nm az all Near
the prisoners also sat exJudgc Baldwin OF Patcr
san the tail her of Mrs Davidson. Before the first
1ritness was sworn one of the counsel handed COiO-
urr Bardy protest against cerIaln OF the testimony
which he said he understood was to be produc d
the a ate morton statement OF Mrs. DaNmsOn--Je-
cause the counsel asserted that she du moi believe
herself about 10 die, and the deposition OF
her husband, because he chalEed that 1T was
| ILLEGALLY obtained. Mrs DlvId.Ons statement Was
MOI read but her husbands was. Ihc inquest was
| begun bv calling Garrett May, an emplOye of the
Iron Steamboat Company, who found the cIgar-b0X
| Doa ing in the Tyer. He explained the condition
Of che box and It's contents AT the tlInc ne tOoA
from the water HIS testimony was coiroDor4led
Nv Hugh Galney, also an empiOye OF inc iron
Steamboat Company Inc hGAe next W tICG was was
Ouiccr Michael Kelly. who received tle DON from
Nav took il 10 Police headquarters and aiterWard
| TO the Morgue. lie identified u matchbox and
| soaD-dlsh as having been with the clgar-DOX.
| inspector Byrnes was thea sworn and gave de-
| tailed account of the circumstances winch led 10
tue arrest OF the prisoners and the subsequent state
| meut OF Nj. Davidson maze 10 Coroner brady. lie
| said that Davidson was greatly excited whoI he
| was at Police Headquarters ana SAID that lie ltd
closed his eyes when threw the box INTO the rver
and IN fact had been 20 much oewlidcred that lie
scarcely knew what he did. The witness SAID that he
asked Dav wilson whether the physician mad performed
an operation on his wife, anO he replied tudt lie dld
not know but added that ms vile nad been Tor sew
eral DAYS III a very distracted state OF mind, pulng
| her halr and seemingly out Oh her mind. Al tlneS
he SAID her pam was SO great that she tod her nus
band that lie did not get some one 10 relleVe hcf
| of her trouble she would do II herself. Inspector
Ryrncs saId that nc asked Mr. Davidson how much
be mad TO pay DE- kihhc loI his SERVICES anu TIC re-
| piled - 600.
| The Sta ement Of Mr Davidson, made to Coroner
Brady in the presence OF Tie Inspector. was then
read TO the jury, after winch Dr hlhne destined III
| his own behalf as follows:
| Mrs Mary DAVIDSON mai been my patient for years,
and have treated her Or various complains including
| kinney trouble ana lf1tuloh oI lue oIal. cue mao
been invalid for tw0 years previous II her marriage
| The urNt knowledge mat had OF Nil and Mrs David
sons return from thelf Wedding our was dlspacn le
ceyed frOn tlth Avenue HOel on Friday, -eptem-
| Der l. asking me 10 como over Reached tue motel
aDOdJ o'clock ~ the evening On ID iuiln6 What ihe
matter Mr. Davidson sad that MS wife mad had a
cml day before, at Saratoga found LEI III lSn
state oi ever deliiou ana III great pam On personal
examination found her suISr"H nom lh.lai.na Ion
about to have a pr,ha are hlrtI Inc patient eaid :
| 10 something 10 hc.p me-" Mr.. Davidson seemed
dollars if she were well" 80 money passed between rs
performance OF malpractice suspected that the
patient sierng ro.n pcltohitaand Treated hef &c
cOrdL9ly lot ber al $50 D. III ana reached fatc son
at D. visited nor again ior tac following day, and
clearer in her mind Old her that she might SIT up
cnaIr. but il felt any worse To return to ucu again.
any cAaBge 10 Telegraph me without delay saw her
| again on Monday. AID iOIni the fever nigh and tAe
mans very severe administered usual remedies
| reicye ner Wnen tOd ncr on Monday mat pre-
mature DIrh must positively axe place, Mr.. Davidson
OF the agony "as suffering tOd nni tnat
wOuu neither nc Ight hol Oes uicos To save he mr.
| | returned Tuesday morning and found INA.
she sull haI great pain; she complained OF
pain in her head, aua | prescribed I.eliadonna.
| remained with the patient All ngh' -.
sOmetnbg should Gc done Ia relieve cr Was caicd T.
| her room about o'clock Wednesday morning. and
gave bIrth sun born infant. Al er making Oat "A
regular prescription went down stairs ana took Drcak
fact and returned TO Paterson Later Ia the day r.
ctlVcd dispatch pa porting 10 come from MI Dd'l 10
SON. askn- me 10 come over, Ms Wlic very SICK.
weni To the note and on reacnfg the PATIENTS room
she seemed very inucn surprised wac too out ODiy
| Tor about tnrce minutes, ar Wa, then arrested.
| The Coroner read the testimony of Detective
Hciuleborg who made the arrests, and the result 81
| the post mUrten examination OF the child, ~ made
by deputy Coroner Ilaeno who said thdt II bore
| marks Of violence. Coroner Brady made II bret
charge to the jury whO aiter hall an hours deilb-
Grafton brought ~ TIE following verdict:
We mud that the attending ph5 sc.an, Dr. Kline OF
Paterson d. throughout the WbOc treatment OF Mfs.
Mary Davidson ana al mat professional xii aud M
manly OF KIND pIS stefan could bdSSest IOf the rehcf
OF ms patient aud at tne child came 20 r deith On
uaiurdl cJLs n.
The prisoners were then discharged, and after IA
long conversation with the jurors, they lott the
courtroom. One Of the jurors, physician SAID
privately, Ny sympatheS were ali win DR.. hnHc
from the lilst."