The record-union., 1891-01-24
WHO WAS THE DOCTOR?
The Auburn Scandal Is Aired in
Justice Deyine's Court.
1t Comes to an IngIorious End,
and the Expected Developments
Do Not Materialize.

e1rned out to be fizzle.
The remarkable story of the trouble
between the Piva and Brown families was
published recently in the RECORD UNION.
1t will be remembered that in connection
with that affair one James l.. Garrett was
arrested ON complaint of the Pivas, and
charged with having assisted Sacra-
mento physician in performing crimi-
nal operation upon Mrs. Piva in this city
In December, 1889.
Sensational developments were looked
for when CARROTS case came up for hear
ing, and in consequence Justice of the
Peace Devine's Court was crowded yes
terday affernoon-that being the time set
for the examination.
MRS. PIvA's STORY.
The first witness called was Mrs. Mary
Piya. She testified that she lived at Au-
burn, and was resident of that place in
December, 1889. At that time She had
some trouble with her husband, and
leaving him, went to live with Mrs.
Esther Brown. She was in delicate
at Mrs. Browns, and he advised her
and finally persuaded her-to go with
him to Sacramento and have an opera
ton performed. Mrs. Brown ac
companied them on the trip, but
did not go with them to the
DOCTORS office. Mrs. Piva said that on
account of being a stranger in Sacra-
mento, she could not tell where this doe
tors office was-neither did she know
what the Doctors name was. Garrett
took her upstairs into some building and
escorted her into room or Office. No
body else was there at the time. Garrett
seated her in a chair and then biindfolded
her after. which anfnrnH the
room. Garrett held the witness head.
while the third party performed the oper-
alton. She paid Garrett S35.
Can't you tell who this doctor WASP"
asked Justice Devine.
mo, sir; did not see him, and he did
not speak while he was in the room.
Neither have | been able to learn since
then who he was. Garrett told me ''to
ask no questions was the witness re-
ply.
MRS. BRowN's PART.
Continuing, Mrs. Piva told of her sub
sequent sickness, and delivery. Mr..
Brown, she said, told he1, that she hau
disposed OF the still-born child. She sub
sequently learned-and rather forcibly-
that Mrs. Brown did not do anything of
the kind. Mrs. Piva then related the
story Of how Mrs. Brown promised to
send the witness jewelry and money to
her by express, when she (the witness)
lcAG IOI tilS ISdSt, Dub Diu kppU
the property and sent in its place the
ghastly evidence of the criminal opera
ton. 1t was for this that Mrs. Brown
was arrested, at Auburn. She was
charged with grand larceny, and after an
examination held to answer before the
Superior Court.
Davis Piva corroborated his wife's tes-
timony regarding the receipt of the pack
age ut New Bedford, Mass. He suspect
ed that the parcel did not contain the
money and jewelry and had it sent 10
District Attorney Tuttle of Placer county.
Witness and his wife returned to Auburn
Immediately, and upon their arrival the
package was opened in the express office.
The District Attorney and several others
besides the witness were present. The
witness then produced the package and
its slc<ening contents and exhibited it to
the court.
T. Hollenbeck, Express Agent at Au-
burn, Identified the package, too. He re-
lated the particulars of the visit of Mrs.
Brown and Mrs. Piva to the office, and
the forwarding by Mrs. Brown Of the
parcel in evidence. He wrote the address
upon the package for them. He was also
present when the package was opened
after its return from the East.
MRS. BROWN TEsTIFIEs.
Mrs. Esther Brown was the next wit
ness. The audience became greatly in
tl. III
was expected that her testimony would
disclose some startling facts. But the
witness was very wary. She testified
that she was acquainted with the Pivas
and also Garrett. In December, 1889, Mrs.
Piva came to her house and stayed there
six weeks. During her stay there Car
rett called at the house. Witness could
not remember of any conversation ever
having occurred between Garrett and
Mrs. Piva regarding a criminal opera
ton.
II accompanied Mrs. Piya to Sacra-
mento during that month";" continued
the witness, ''at her request. She said
who she expected was going
East with her. Mr.. Garrett met
Mrs. Piva on the train, and talked to her.
j don't know where he boarded the train
Upon reaching Sacramento she left me at
hotel and went some place with Gar
rett: l don't know where they went.
They came back in about an hour. but
she would not tell me where she had
been. She and | returned to Auburn the
same day.
Mrs. Brown remembered when Mrs.
Piva was i'll, and knew the nature of her
illness. She denied all of the assertions
made by Mrs. PlVa, with reference to the
money and jewels, and also denied that
she knew anything about the contents of
the package.
Mrs. Brown also denied emphatically
that she knew who the physician was
who performed the operation upon Mrs
Piva
Several other witnesses gave testimony,
principally in relation TO the identiiicl-
ton Of the package, and then the prosecu-
ton closed.
GARRETT DISCHARGED.
Ex-Judge NJ. S. Horan. who appeared
as counsel for Garrett, promptly asked
that his client be discharged, as there had
not been sufficient evidence produced TO
warrant holding him to answer.
Justice Devine agreed with the attorney
and informed Assistant District Attorney
Buckley, who conducted the prosecution,
OF that fact. The Judge read Section llCS
OF the Penal Code, which provides that in
order to prove a criminal operation there
must be some evidence TO corroborate the
prosecuting witness. He also called at
tention to the decision of the Supreme
Court in the DR.. Josselyn case, which
was based on this section of the code
The Assistant District Attorney. after
reading the code carefully admitted that
he had not made out a case against Car
rett.
Judge Devine said that although the
story of Mrs. Piva might be true in every
particular, and heinous crime NAV have
been committed, yet he was compelled by
the law TO discharge the prisoner, and he
did so.
The Weather.
The Signal Service temperature at 5
NJ and y-acfa,.s1,x ,,-,. sno