Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-03-07
rsnREABLns uAss DIsMIsssD.
The Court Refuses "a Request oi
Levi q. Esird, ESQ,

Tno Court tketnsc1 n Heguest Va
Aevi q. Hsird, Esq.
At the citation of DR.. 4. A. Keables at
the city court Friday morning Levi o.
Bird, ESQ.,, represented DR.. Keabies.
Evidence showed that Dr.. Wales was
called upon to visit woman at the Opera
Hotel on February 9th OF $ o. m.
DIR. Wales testified to the fact Of positive
evidence of criminal malpractice. The
witness found bottle in the room con-
tanning the drug employed. The vial
bore DIR. Keables' name upon 1t. The
woman gave tho name of Dolly Smith to
DIR. Wales, but afterwards acknowledged
that 1t was not her name. Tho physician
was unable to state anything more
with the exception Of what the woman
told him, which he was not allowed to
give in evidence.
John A. Beers, proprietor Of the Opera
Hotel, related how the woman came
to his house. Neither he nor his wife
knew her. She was given room. DIR.
Keables was sent for twice and did not
come. Then DR.. Wales was called on.
On the Tuesday following the woman left
in hack. The reason Dr. Wales was
sent for Was that he is Mr.. Beers physl-
oian.
Mr.. Tanner then informed the court
that the essential witness in the case is
out of the State and there is no means to
secure her attendance.
Mr.. and Mrs. Buckmaster had been
examined under oath aud knew nothing
whatever OF the matter. The city solicit
tor asked for continuance until Satur-
day morning,
Mr.. Bird submitted that Tiers is no
evidence to hold DR.. Keables, lie thought
II ungraoious OF the prosecuting officer
after two oontinuanoes to ask for another.
The court ordered, on MIR. Turner'S
plea of possibly important testimony
Saturday morning rehearing, Of the case
at that time. Dir. Ksables was allowed
TO leave the court room upon his own
recognizance.
The case against Dr.. Keabl as was resumed
at city court Saturday. Emil Dryer, bnr-
tender at the Opera Hotel, was plqcei on
the stand. He was sent to DR.. keaOles'
house at q. m. on the NIGHT Of February
9th, on the request OF Mrs. Smith, He did
Dos gee tho doctor, but a0meone replied,
whom the witness thought was the physi-
clan, that he would come Dryer did NOT
know whether the defendant came to the
| hotel.
Following some sharp discussion between
| counsel as 10 the competency OF certain tes
timony ex.Cbief of Poiic4 Hugh Mcconnell
| was called. Us had tended DR.. KsAbles
| durlng bis past illness. He had heatd the
1 doctor make no admission as TO any impli-
| cation In the charge made.
City Solicitor Turner stated TO the court
that the above was all the evidence ne
! could produce. He did NOT know that any
of 1t was sufficient to hold Dr., Keables.
Levi @. Bird, Esq, In addressing the
| court, said: "a gentleman stands charged
with most serious crime. The charge Is,
| In no sense, maintained. do not know
what the sentiment was that urged this
! prosecution. 1t seems 10 mo however, that
the ends sought hayo utterly failed. My
| client, however, has been left with a pro-
fessional name that has been elouded by
some fellow. member of his profession. /
do not think that my client Ii deserving OF
such treatment In this community. II this
| charge against him be true, he Is guilty 0f q
| most heinous crime. II 1t be net true, the
4 position OF those making the charge Is a
most unenvlable one. | trust your honor
! Will dismiss this case with certain repri.
mand upon those who made the charge
which will set this man free In his profess
sional surroundings, 30 that he may go
home without stigma, or that he Is loul aud
unfair In his professional standing
City Solicitor Turner-"I nave Lothing
further to say but this that the motives
urging this prosecution ara the best. The
witness owed 1t to the law, to his profession,
to the community, and to himself. IN doing
qs he hns aops &.
IL is common 4b,s nsiJrup8tsly the wit.
ness was little too hrrfied U'heiN vie, |
ASSERT this prosecution would hsvn had n
very different outcome. His mistake was
one of the head and not OF the heart. l
presume the case us 1t stands must be dis
messed. However, say, right here, that
It would be well that the less said In regard
to certain matters, tho better for certain
PARTIES"
Judge Ball informed counsel that he
could not concede his request for repri.
mand upon the Witness DR.. Wales acted
In perfectly good faith. In addressing the
defendant, who stood up to receive sentence
OF the court, Judge Ball said There Is mol
evidence In this case to commit you. The
charge is dismissed"
Dr.. keables bowed and left the court,
-------
A special meeting OF the Wilmington
Medical Association was held Monday
, Eight at the residence of DR.. willard
Springer, Eighth and King streets. The
following resolutions were passed unapi
mously, and the secretary was INSTRUCTED
~ tSiuuoN ehNlA puplleutAOu III tA6 EfERl
, EVENING:
;; WHEREAS, In a recent case OF alleeet
criminal malpractice In this city, DIR. JohI
P. Wales, after he learned what he believed
! to be the facts of the case, caused cfimina
proceedings to be instituted against the &C
cused person; and
WHEREAS, Alter the hearing IN the mum
cipal eour. tho case was necessarily ana
missed, owing TO tbs Absence OF suifieien
z legal evidence; and
WHEREAS, lu the published report OF tn
2 proceedings al tha hearing, 1t Is stated thu
= the motives Of Dr.. Wales were called h
I question:;
= ReSolCsd That the members OF the WI
nnine.on Medical Association, after hegrin
!. the details of the case rs given by ID
y Wa,es, desire to express their entire oorl
dance in the integrity OF his motives L
. seeking TO bring to justice a man whom h
!; believed had committed Il gross Grim
y against the laws OF the s-lta, and that /
u 80 doing he was only ohtyng his oblig.
. lions to the law, to soeiesy 10 his professio
y and to himself.
Y Resolprd, That we hereby declare tht
u not only efe we Ia accord with tae Stat
:, law upon the sui Jet, but also Is It the 4,
y formulation ofeaGn member OF this assoe,i
= tion to do what ia in his power to bring
Z justice every violatcr Of THIS law which ma
o. come to his knowledge.
!. Resolved, That this association urpa unc
!. all persons claiming To be good citizens
~ like loyalty to the State by exposing /,
=, public reprobation any caseut violation
III this law, as thus the critae ia uuestlc
would be unknown In this community M
tho frequent reports OF Its perpetratit
would come to an end.