The morning call., 1894-10-24
DR.. Griffith Acquitted of
Cruelty.
THE BABY DID NOT SUFFER.
Gunpowder and a Needle Were
Used in Branding.
MUCH EXPERT TESTIMONY TAKEN
On the Stand the Accused Refused to
Reveal the Name of the
Mother.

DR.. E. N. Griffith. 1850 McAllister street,
was on trial yesterday afternoon in Judge
Conlan's court before jury on the charge
of cruelty TO a minor child, the cruelty
consisting of branding the letter Nj on the
child now known as Phoebe Hearst Hen
derson. The jury found him not guilty.
Much interest had been excited In the
case, not. only IRON the branding oil
the baby, but from the fact that she was
abandoned by her mother, who is supposed
to be young lady belonging to family
of wealth, and whose identity the doctor
positively refuses to make known.
The courtroom was crowded yesterday
afternoon. DR.. Griffith had given more
attention to his personal appearance by
having his hair cut and his beard trimmed.
With his glossy silk hat, iashiOnably cut
clothes and a white chrysan themum in
the lapel of his coat he looked tbs profess
sional man. His nervousness and furtive
glances were not so apparent or marked,
but the deadly pallor of his face was as
pronounced as ever. He was seated be-
side his attorney, and behind him were
seated his mother aud lady friend.
Sister julia did not make her appear
ance in court with little Phoebe till DR..
Somers was on the stand. There was
craning of necks to get glimpse Of the
baby and when DIR. Somers exposed the
brand on her thigh for the purpose of
Identification the jury and several of the
spectators crowded round to have a look
at it. The brand was family discernible.
The witnesses examined for the prose-
cution were George Keeler and Daniel Nc
Closkey, messenger-boys. Detectives Sill
vey and Egan. DR.. r. II. Clement of the
Sheltering Arms. DR.. Somers, Police
Surgeon, and Sister Julia, and their evil
dence was merely a repetition of what has
already been published. Then attorney
OBrien moved for dismissal, which was
denied.
The defense then called DR.. Regens-
berger. who examined the brand on the
child while in court. He said the brand
might have been made by needle or dull
knife or scratches with a pin. He did not
think it had caused the child pain, for the
reason that children under two years of
age while being vaccinated rarely cried.
The scratch on the baby had not been SO
deep as that in vaccination. 1t was not
made with a redhot irou, because if so the
tissues would have been destroyed. If
tattooed with India ink the appearance of
blush mark would depend upon the depth
of the scratch which must penetrate below
the upper stratum of skin before leaving
such marx.
DR.. Griffith testified that the child was
born on October l, and he was with the
mother at the time. He could not say if
the mother was married or single, but he
was led to believe she WAS not married.
ue oa7 4ha hU
ing the skin with a cambria needle and
rubbing in gunpowder. He got the gun
powder from the druggist on the corner Of
Fillmore and McAllister streets. He
wanted India ink, but the druggist had
none and gave him cartridge. The mark
was made at the request Of the child's
mother, so that she would be able TO know
it was her child in the future.
The child did not cry while the pricking
was done. He administered stimulant
of whisky, hot water and sugar. He did
not apply an anestheiic, because It would
have been dangerous in such a young child.
He used no hot water or soaring process.
He never saw the father of the child.
In cross-eXamination he said he made
the mark on the evening OF October IL,
two or three hours before the child was
sent to the Receiving Hospital His in
tention in marking the child was to keep
trace of it so as to get funds for sustaining
it in founding asylum.
In answer to the Judge he said there
was no particular reason for selecting the
mark nj. 1t was simply design that came
into his head. He had never marked any
other child. He gave the child the whisky
and hot water as stimulant to deaden the
pain, ii any.
''Then you expected the child would
suffer paina" asked the Judge
"Well, no." said the doctor. hesitating,
shut 10 operations, nc matter how simple,
there might be pain
Where was the child between October /
and 1O?"
"Am l compelled to answer that CUES
tion? | want to keep the Identity of the
mother sacred"
"You needn't answer it unless you
like" said the Judge. 81 don't want to
inquire into the identity of the mother"
The question was not answered and the
doctor stepped down.
DR.. G. j. Kenyon gave expert testimony
similar to that of DR.. Regens berger, and
Mrs: Griffith testified to giving her son the
Cambria needle to make the mark. She
was q the adjoining 70 ON aud did not hear
the baby cry.
The case was given to the jury without
argument. The jury was out two or three
mi nutes and returned with a verdict of
not guilty. There was some applause from
the spectators, and the Doctors mother
warmly shook hands with each Juror.