The daily gazette., 1883-06-28
HATHAWAY'S SENTENCE
TO SERVE SEVEN YEARS IN A
FELLOWS CELL.
THE CRIME PRONOUNCED MURDER
The MalpractiOner Convicted of an Old
ORence-A HideOus Box of Bones Pro-
duced I'm Court.

| hlh 10 answer 10 cDarge OF crimir al NAL
practice on Mary Butler, who had been
servant in the employ of Attorney at Law
Ellis d. Williams. Resting upon a table
between District Attorney Graham and
FiTst Assistant f. A. Bergy was a cigar box
which contained the CHASTITY fragments of
81 infants that had been dug up In a cellar
Of house formerly occupied by Hathaway.
The whole of them could easily be held in
the two hands. Whenever the box was
moved they rattted like hard, ,withered leaves.
There were many bits of skulls, some al
most complete. They were as thin as
sheet of note-paper, but still retained their
natural shape, though they had lain in the
| clay for three or four years. One piece con-
tained an indentation that a physician said
was part of the outer line of an eye-socket.
| The thing looked like a broken sea-shell
| that the sun and surf had bleached Many
| of the bones were the remn ants of arms aud
hands, shoulder-blades and bits of tiny legs
and toes.
THE CASE OF MARY BUTLER.
The witnesses for the Commonwealth soon
made the details of the charge against him
clear. Mary Butler in April, 1881, was
familiar with the name OF the prisoner, who
claimed to practice medicine, by catching IA
glimpse Of a circular issued by bogus Doctor
Thomas Il. Miller that was thurst under her
employers door. She permitted q criminal
surgical operation to be performed on her.
She was taken violently ill. The evidence
of unlawful practice was discovered and
upoc information received IT, AWAY and
Miller were arrested at the instance of
Coroner Janney. Hathaway was taken TO
the sick woman's bedside and identified by
her in the presence of them as the man who
had treated her. Hathaway denied the
statement and declared that he had never
seen the woman before. Nevertheless, he
was returned to prison and both he and
Miller we're indicted. In the meantime the
woman had recovered and gone away 1t
is said that she died soon afterwards. The
accused were admitted to bail Before
either case came on for trial Hathaway's
surety failed and as therefore nobody could
be made to pay If Hathaway should flee
Hathaway promptly became a fugitive.
Miller was tried in January of last year and
acquitted.
THE RESULT OF FAMILY QUARREL.
Hathaway in March last returned to this
city. He and his son, IL years old, were
arrested for slapping a child's face in a
quarrel about bucket of water and indicted
for assault and battery. From this petty
incident in a career of shame all the dis
closures of last week followed. The old in
dictment was lodged against the prisoner
as q detainer. Sufficient matter was found
him. The statement of Mary Butler in
Hathaway's presence was adm tied yester-
day as evidence. The fact as to its having
been made was corroborated by Coroner
Janney and Andrew jackson, formerly a
clerk in the Coroner's office. One OF the
chief witnesses against the prisoner was his
own son Richard ragged and bare-footed
boy of IA. He said at first that he was
afraid that if he should testify his father
would kill him for the old man had often
btaten and chained him. Having been
assured that the law would protect him, he
spoke freely. He said that woman whom
ga gentleman" told him was named Mary
Butler had come to his fathers house about
two years ago. She had gone up stairs and
his father with her. He heard the woman
cry out in pain. In about two hours she
went away. His father, he said claimed to
be specialist in the cure of cancer, and
had about 80 patients a day.
HISTORY OF TIE CRIME.
Hathaway took the stand in his own de-
fense. He had no more regard for the
Queens English than for abstract morality
He studied medicine, he said, go years ago,
with a physician whose. name he
thought, after a long deliberation,
was Boutan. He did not recall the
FIRST name at once. After a time he thought
that il must have been Jabob. He took up
the study again about six years ago.
"Why again ~ asked the District Attor-
ney:
ITO learn the new school,"
"Did you go to college9'
es, to the one that DIR. Miller was the
head Of, at Tenth and Ridge avenue"
eyes"
"After an attendance of what time!"
"Three months"
After his removal from the city the pris-
oner "dOctored" awhile In Bradford and in
Susquehama county. Patients, however,
were few. He had gone away, he declared,
for his "health." He denied that he had
ever seen the woman Mary Butler, and
swore that he had never performed crimi-
nal operation on anyone The District At
tol lney, with significant gesture, opened
the cigar box. Before question could be
asked concerning its contents counsel for
the prisoner objected, and Court ruled that
no testimony could at that time be given on
the subject.
"THE CRIME Is REALLY MURDER"
The Judge charged that little weight
should be given to the testimony of the ,
prisoners son. The statement of The
woman, Mary Butler, however, with the
surrounding circumstances, was sufficient,
he said, to convict the defendant, If be-
lieved The jury returned a verdict of
guilty, without leaving the box. Detectives
Miller and Wolf then gave testimony as
showing the character of the man, to the
finding of the bones. Coroner Janney testi-
ned that many of the bones were those of
well grown beings. He took up a femoral
bone, which required the force of both his
hands to break. That, he said, was the
bone of one who had almost looked upon
the world.
at was MURDER" exclaimed the Judge,
in an undertone of horror. The prisoner
was directed TO stand up.
"You nave done that which mankind de-
murder" said the court. "You
have been tried with care and found guilty.
| feel hound to inilct upon you the extreme
penalty of the law. The sentucv Of %
Court is that you pay IA fine of $500 AID .e
costs of prosecution and undergo s.tt In
prisonment in solitary eoaGncm nj at le,l.r
ia the Eastern Pemten iiary fer Z, pc = Of
even years"
The prisoner became as pale as drt.t0, hat
When the van came TO take him q way bet.a..
quite recovered his stelili'y ;ii, s5n-vas
sent to the Houst Of Refuge. Assistant
District Attorney Be,ey said, ia cply TO Il
question, that no action would be taken
concerning the other erin nal ,'iieases in
which Hathaway is believed 10 have hreA
engaged. Conviction on them would 10
extremely difficult to securr, lie said, an,
besides the convict cannot in the order r
nature long survive his present sentence.