The sun., 1892-05-11
ERvING'S TESTIFYING ENDED.
OTHER PARxHURsr CASES TO DE Posf.
PoNKD ISDKEYNl1ELH

pr. rarkhurst TsstiAss, without Asy 9igv
or Nervoss Strai.. Over The SAME orss.S
q. which the Yesas Msa Brsks Dewa-
Sir. Brooke Freashss Aln . sernen n
Plain Lsseusss. snA the Jery. or Course,
Finds the Andrea we.an o~iity.
A member Of tho family Of John Lanedon
Ervine. the young man whose health has
broken down under the strain Of visiting dis
orderly houses with the Rov. Dr. Parkhurst
and telling In open court what no saw and did
in the houses. was at the District Attorney q
office early yesterday morning. and told Mr..
Mcintyre that Mr.. Ervine was In q state bor-
derlng upon collapse. and that both his
physical and mental safety depended upon his
retirement from tho ordeal into which his
friendship for Dr.. Parkhurst had forced him.
Early IN the morning he had been taken to
Rye. where his parents arc. His mind was
very much disturbed. and fears wore entor-
tanned that no would not recover complete
mental balance. These reports created great
sympathy for him In tho crowded court room,
yesterday when Marie Andrea's trial was rc-
sumed: and tho Row. DR.. Parkhurst. whom he
appeared as tho first witness Of tho day. was
gnzod at with moro than customary interest.
Mr.. Ervinz's case was tho subject OF ohicial
notice whom tho evidence was all In. He
was to have appeared and con Included his cross
examination. but did not come. Mr.. Mcintyre
announced thnt he was sick. Mr.. Brooke then
moved thnt tho young mans testimony OF the
day before DO stricken out on the ground that
tho dcfonce had not completed its cross-ex-
animation. Judge Fitzgerald said that he
wished to Re informed further rs to Mr..
Erving's health before he decided and Mr. Nc
Intyre left tho room to see DR.. Parlhurst. who
was still In tho District Attorneys Office. When
ho returned he said:
DR. rnrkhurst informs mo that he took Mr..
Irving to see DR.. Deebe last night. and that
DR.. Bcebe made an examination and said Mr..
Erving would be In no condition to testify
iurther; that his physical as well as his m ontal
henta NMer m"ts Inrtser sns srsasa M1nyrc saa
10 Xas wiling t. dtop Mr. Esvngs % testimony snnnf
that the rest of his evidence wns ample to
convict Mr.. Brooke did insist, and it was
agreed to strike out n'i Ok tho Ervihg testi-
Mr. McInty.e said out Of court that tho III.
pono Indefinitely the. trial Of othors against
whom indistnents Of similar nature were
.pn a0 onS mex. anno MS Y S5 t0s %es
Ir ParkhurTt md hi; rarty, visited both thtso
each Witnessed spectaclss OF an even ore
horrifyinG nature,
sun yasna a,an ashes Jos
Irving. who is q LAWYER. said:
NY son Is suffering from w very severe yer at. Ct,
l,e will ultimately recover his health. But e he
again cannot s snsWsr ios him. Viii % eer:
tainly endanger his life: The physicians who
@ Se a sas h$t hi s sy e. Sssy IT, H @
ttructi1ns. My son was in no condition to
peot thP strain q cross, examination on this
strain OF previous IS work OF the Kind" and this
sons mind is i'm paired !" asked ths reporter: r..
1spesW tnf efxs Se vii E
strain Of the Kind no. no: it cannot b."
ss sa aSdss =, :saH1 ny
t D ss sTn snf snsy
to say the least. in his dealings with the young
sst ypssd X; 5s Sh &
and tesi1ed In 2 cles! and cheerful voice. He
something like spirit and IN much the same
He said IL that the ocnSersntion @ % tetween % the VS.
sas @ tie ss stoke af aiS
SsS.s s s Ssn bs;os ssd ihs hSey syxSSGn S e
drank any beer. In this he contredictod Gard,
wh0 sh sd ess o S
description OF the exhibit ion he said: ~ ''''
ss she ten
ssar 8 ana disroied entirely. THEN they return.
Judge Fitzeerald.l Shall give tho whole
1sa ysn 81 s, :ss Ens Ds i;sss SpsFs a
M MsIntyrs, II, said yes. s9d pr; Tarkhurst
few ciear.rut words: He did not hesitate or
minct wo,ds but talked n r. an
He was then turned over to the, defence. and
sminn,i"n e u the f dsy ef"rs tk !S ons % hrsstns
Mr. Ir"oke asked DR.. Palkhnrst aJ"nt an in.
tervisw published In a mnrninG pewsmper.
then announced that he hal no further Guss-
ton TO ask. and tho spectators looked aston
:, The detective. Howes. w9s the neXt witness
GSeS GSGny Il" R"n e. Snd Of fS
We're called. j 'iiceman toonsy test! fird that
h"nsS Of wr"s.tuon w THs testiony ot Tho
others am3unted to nothing.
mrnt dismissed. Hc said that Dr. PnrIhnrst
and Ils pnrty were nccomplicrs In tho Drenk. |
Ing Of TIT" law on the nj Hht In question. and
that. therefore. their Testimony was not COM
p"trnt. he quoted section 20 II the Penal
Code MS follows:
lrr'oh concerned In the rominiss,on nf u crime.
M-ticr y. directly commits the act constituting the
or en- = ar mis- an! ai'.ss IN ITS ..h,r
Vrs' III ~ h'H.Hf "r cr"u ahn directly or nlrect-
!! rohhses, commands lircr. rfocu ,us sJOtbrr to
cohihi' +" 'r''nr. Is. @r.n,i!al.
iio n'So argued TINT since tho evidence re-
Ihl"h whhsl?t 10 q single ,ccnrinr the house !
VA TnI h"t ilpvtn To l.. 'i-ordrry un'Ier the |
Erid IN such wny rs to disturb or scandaliZs |
tne @ nm,a,G Generally or the inhabitants " n |
pai'irnhr n"iIhl orllnnd. or ii" r,lss ors w" |
4. "l,o c.ilr'i att"nlnn tn an ir,rEular.ty In |
AZ srninat .ciim1nf. .i"n' M wm" Ind cen made out
trntGnt written in ~ the Clerk Of IN. ro,,rt
MMh,o'n snr,, % ,ne rmnl r.u.t order customary In
~ '"nt me nintI"n wns denied, il was
hh"u.r; h",,,m and n.t for I'll" ic.opicS il Which TX
aehn, was nrr neromrlire. II he Was uu
= small sensation WAS made when Dr. Park.