The evening world., 1895-06-04
SUMMING Up FOR
DR.. WHITEHEAD.
Lawyer Brooks Scores the
ParkhurSt Society In Open.
ing for the Defense
PROSECUTION CRITICISED.
he Says He Believes Its Views
Were Perverted by Outside
Influence.
MOTION TO DISMISS DENIED.
Evidence Of Attempted BIackmaiI
Said to Prove Animus OF
Main Witnesses.
PROSECUTION CRITICISED.
MOTION TO DISMISS DENIED.

The trial OF Dr. f. Newton Whitehead
on the charge of having performed a
criminal operation on Agnes Berthold
on Dec. s and II, 1891. was continued to-
day before Judge Allison in Part H.. OF
General Sessions.
rhe evidence In the case was all In
yesterday and this morning counsel for
the defense made the usual motion to
dismiss on the ground that the prosecu-
ton had not made n case. Motion to
dismiss was made on the further
grounds that the admissions OF perjury
by the kusches and Mrs. Moebius should
throw out their testimony; that 1t had
been proven that the latter was guilty
of performing IA criminal opera
ton on Agnes Berthold. and so
DR.. Whitehead could not be guilty:
tho facts fail to show that the
doctor Is guilty. and the evidence of
Ber.hold. and so Dr. Whitehead could
not be guilty: tho facts fail to show that
the doctor is guilty. and the evidence of
attempted extortion and blackmail Of
DR. Whitehead showed the animus of
the main witnesses against him.
A'he motion was denied and Attorney
Charles w. brooke began his address
to the jury in summing up the case for
the defense.
lie said that 1t was not a pleasant
thing for him to crticise the prosecution
too hai shly. and that he did not intend
to reflect OH Assistant District Attorney
Davis. but that he believed that the
prosecution had been imposed on. and
the views of the prosecutions officers
had been perverted by outside influence
If 1t had not been for this, Mr.. Brooke
said. he did not think the case would
have come to trial.
After this dig at the Parkhurst So
c!ety. Mr.. Brooke began resume for
MIR. Brooke next referred to Agent
Britton and Grace Fox as Infamous
blackmailers.
the indictment against Whitehead ON
thin evidence M Agent Britton did not
dare trust Agnes Berthold before that
body.
Mr.. Brooke demanded to know why
the prosecution had not put Britton on
the stand. and said that II II was an
oversight he was willing to REOPEN the
opportunity to do -.
You must be fond Of work." said Mr..
Davis.
the ends Of Justice" rctorted Mr.,
Brooke.
Mr.. Brooke then drew the jury.'s at
tenton to the fact that when Wilt har,
hold, Mrs. Moebius and Richard kusch
all swore that they had never seen him
before
Brooke said that Agnes had gone to
court to have Kusch. her betrayer, pun
ished. hut that she had fallen In with
hlackma ilers who had persuaded her to
swear against Whitehead because he had
money.
When recess was taken Mr.. Brooke
had not finished summing up.
At go o'clock Mr.. Brooke resumed his
speech.
He said that the District-Attorney was
stirred up by the LeXow Committee to
convict somebody. and that Col. Eel
lows had picked upon Mrs. Moebus and
Richard kusch sis being poor and easily
convicted.
The way to bring whitehead to
| terms" numbered MIR. Brooke, was to
| first convict Mrs. Moehus and kusch.
ami the machinery OF the District-At-
! torney's, office was put III motion that
| this might aA. done"
| Brittpn. he said, was behind all OF the
| proceedings Britton was the one who
| mad dir -ctcd Agnes Rerthold from the
| beginning to the end. Rritton had made
! Agnes R"rthold commit perjury time
| after time. 1t was Rritton, Rritton,
| Britton from top to bottom.
| Lawyer Brooke fin shed summing ur
at i.l5 o'clock and Judge Allison ordered
| a short recess.
| After recess Mr.. Davis will begin sum
ming up for the people