New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-02
ANSWERING A GRAVE CHARGE.

Cdl anu hoioccp Foiuou ~ PA'VVOs
ANSWERING A GRAVE CHARGE.
DIR. AUsTINs HOPE OF ExCULPATIoN-AIp FROM THF
SISTER OF DEAD WOMAN.
DR.. David p. Austin, who IS now under arrest Of
Police Headquarters on u charge of criminal NAL
but by the advice of his COUNSEL Colonel L. 5. Spen
ccr withheld his grounds OF defence. He spoke very
confidently of not only obtaining an acquittal. but
beyond tn. all ch aGrs' The He
People do not discriminate between an examiua-
tion and an operation, and some of the papers saw
operated eight or nine times on Mrs Birchey,
which is absurd | cannot tell you the real nature
of the operation. for in that lies my whole detence
will only say that any physician will uphold me
when go on the stand tomorrow and explain
why | performed the operation which resulted so
disast ously and TESTIFY TO Its true nature"
do You think this trial ami arrest will in]ure
Your professional reputationf" was asked.
1T ought not certainly for I can justify every
step have taken; and besides. it is a misfortune
which may happen to any man in the practice OF
Colonel Charles S. Spencer said yesterday after
noon to a reporter of The TRIBUNE: he first l
knew of the case was tins morning, when read the
reading it when 1 was Informed that,
Mrs. Austin wished me to act as counsel
for her husband. went to the Jefferson Market
Police Court where Dr. Austin had been taken
from Police Headquarters Mr.. Birchley was also
there and appeared completely broken down. lie
presented affidavit that he was informed that his
operation performed by DIR. Austin. The examIna-
iion was set down for 2 y. III. tomorrow IN the
Tombs Police Court before Justice Smith.
What do | think of the casef Wei, am
Dr. Ausins counsel, and my opinion would
appt ar biased but really think the man Is inuo,
cent. He has always borne good reputation, and
could produce an amount of bail, II he were per-
mtted. Mrs. Marvin. sister of the dead woman
told friend of niue this morning that MRS. sBrch
ley said recently thai DR.. Austin had operated for
the removal OF a tumor Mr. Birchiey did not seem
to have any i'll feeling toward DIR. Austin. We
wish to have the matter settled as soon as possible
DR.. A. W. Shepard, of Brooklyn. by Coroner
Keller's instruction, made an autopsy on the body
of Mrs. Birchley and reported that death resulted
from metropertontls caused by criminal
operation.
is HE THE ASSAILANT OF MISS STOCUMf
Samuel Benton, the coffee-colored negro who cor
responds to the description gwen by Miss StocuIn.
of North Salem of her assallant on tuesday las re-
manned in the ail at White Plans all day yesterday
Benton was arrested on Thursday on the Housa-
tonic Railroad. about two miles north Oh BRIDGE
port. He had a ticket from Waterbury to New,
Haven and two trunks and bundle. Benton SAID
that he had pistol in his trunk, AMI this was
found there, as well coat and vest which
answered the description gwen by Miss Stocum
the quilted one spoken of by Miss Stocum. In one
trunk a cheap silver watch. There was
also q detached watch chain OF white metal la IA
bundle. One of the letters dated June 20: at New
Haven was directed to Benton, care of George
Jones, DanDuiy. III ftduS us
Mr. Benton-Ada went Atlantic City Wednesday
morning: wanted TO tell you please send Mrs DE
She'll some money you can and TO come after
your clothes Miss HATTIE FRIEND.
Benton said that he was an host tier and he had
been doing all sorts of odd JOBS" in Danbury,
whence he stated, he went on Monday night I" the
house of Mrs. DE Shell, cOlored woman IN water
bury for whom he had before worked. Mrs. de
Shell asserts that Benton did not reach her house
until p. M. on Tuesday. the day of the assault,
which took place at about $50 "a IN. Benton could
have from the scene or the out
rage by the Harlem River Railroad to
BIewster's and thence by the New England
road TO Waterbury, arriving there soon after ! ..
m. He talks freely and with apparent honesty. but
this discrepancy III time as gwen by him and MIS-
De Shell is regarded as q dark polnt IN his story.
Benton's right little finger shows clear traces oil
having borne ring-although when arrested he
ring had lost H. and had replaced II with brass
one which 50 discoored his finger that he threw IL
away 49,
Deputy Sheriff Duffy and others at White Plains
said Yesterday that they did not believe that Ben
ton was Miss Stccum's assailanf. She will be taken
to White Plains this morning in order to settle the
question OF identity.
PERSONS DROWNED IN THE RIVERS.
Thomas Udel, age twenty one. steward of the
steamship Egyptian Monarch. lying mt the wharf
adjoining the Pavonia ferry, was drowned about ii
O'clock Yesterday morning Udel and some com
could not swim, depended upon his companions to
keep him afoat. He was undressed hrst, and
without waiting for the Others, he plunged
head foremost from gram elevator lying along
side the steamer into thrtv-fve feet OF wafer.
He did not to the surface again and the Others