The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-05
Young Ernest Whitaker
Found Not Guilty.
The Jury Returned With Its
Verdict at 3:15 O'clock.
Finding Was Received With Long
Continued Applause,

The trial OF Ernest M. Whitaker was re-
sumed this morning and the taking of
testimony was concluded about On hour
after the opening Of the court Most OF
the evidence introduced was of medical
nature and was in the interest Of the de-
tendant.
The closing arguments In the case were
George J. West in behalf of the defendant
and Attorney General Il. &. Dubois In
behalf of the State.
DIR. Terry, who was first witness today
said that under the circumstances indi-
cated.by the testimony of the State the
deceased was not necessarily pregnant and
the testimony OF Mrs. Reyonlds, the
mother OF the deceased, negatived the
idea.
He was cross examined by the Attorney
General.
DIR. Terry testified that he had been for
six years physician and he corroborated
the testimony of the previous witness,
but on cross examination by Attorney
General Dubois said the minutes OF the
autopsy read to him aroused a suspicion
OF pregnancy.
He would not make the statement any
stronger by using different woid than
suspicion.
DR.. Grant also gave testimony in sup
port of the defendants contention tnGt
other witness was sharply cross examined
b. the Attorney General.
The defence here rested and Mrs. Julia
T.. Emerson was recalled and answered
the Attorney Generals question.
Mrs. Elizabeth Scharen was called
and asked IL she knew Mrs. Millers a
sister OF the deceased, and Ernest Whit
aker, the defendant and Il they came TO
live at her house.
Mr.. West objected and the question was
~ - Dfxll ll...- "a
torney General had made an argument in
favor of its admission.
In answer TO a question as to how long
she had known the defendant ana Mrs.
Reynolds said she did not know them.
The Attorney General said that his OBJ
ject was TO show the defendant was not
as ignorant as he claimed to be about the
physical condition of the deceased.
There was an interesting coloquy here
between Attorney General Dubois and tho
court as to the language used in tho in
dictment. The former held that the in
dictment did not charge the defendant
with knowingly administering the poison
TO the deceased, but Judge Wilbur
promptly said that man could not will
fully do thug and not know what he
was doing.
Detective Merrill was called as the last
MIR. West began his closing address to
the Jury at 10:30 O'Clock. and said that
the State must prove three things: First,
that the deceased was pregnant; second,
that the defendant knew OF that fact,
and third, that he administered the oil
OF tansy. He described Whitaker's ac-
tion in showing the oil OF tansy TO Officer
O'Connor and his denial OF the story TO
the latter a couple of days later showed
him a fool. He had been used by the
deceased for the purpose of shielding some
thing else. 81 90 not believe, said the
counsel, "thst our jails are built for con-
fining OF people in them in order to sup
port theories and cited the notable case
of DIR. Playfalr in London, where a mis-
take was made about the condition of a
woman aId of the award a jury gave the
woman for the doctors terrible blunder
Mr.. West then dealt with the medi al
testimony in the case and speaking OF the
differences OF medical authorities in the
case asked the menbers of the jury If
they could positively say tbat the charge
of pregnancy was proved. Turning his
attention to the testimony of Mrs. Rey-
nolds, counsel asked IL the latter believed
was "No. there was somebody
else, but he is not on trial" The
deceased wrote three letters the
day she died to that man who wanted to
help it he won Il / meahsyo stand between
this man who has reaped the fruit of his
passion and the one whom he means TO
reap the troubles"
Mr.. West called attention to the fact
that under the indictment the jury must
find the prisoner knew deceased was prog
nnant. 1t was necessary for the Stale To
show that the boy knew she was pregnant
ard st the Same time no doctor on earth
could have told 1t.
In terse aud eloquent words did coun-
sci for the defend mt describe @ dy ng
scene i'm her chamber, hsr last three let
ters and the words, 80, Mill'' She did
rot take the tansy to procure on abortion
for she did not know she was pregnant,
and must this boy be inundated? Why
must this case OF suicide be strained into
one OF aportion?
Ii was sad death, this woman was
some ones child, and IL is sorrowful to
look at her dying there in her room, but
che was true TO the man that she loved
and had he been faithful to her 1t might
not be necessary to make cats paw OF
this poor lad.
Mr.. wcs, closed with an appeal for JUS
tice not sympathy.
Attorney General Dubois hegan his ar
gument,. saying that the jury could not
fairly proceed against anyone but the one
MT present on trial. After paying a tribute
to Mr.. Vests ability Mr.. Dubois said:
"You must not permit this velvet-foot-
ed mephisiopheies to steal his verdicts.
He next took up the relation OF age TO
crime, showingsthat at the sge of IA a per-
son could be convicted of serious crimes
and at 10 no boy of sane mind could be
exempt from punishment on account OF
ignorance.
feu are not to try.this CAGE he.said.
i'by sympathy, for II YOU were TO try all
cases by that there would he always on
acqulttal, but you are to try The case with
your heads, not with your hearts"
The Attorney General then delivered n
powerful invective against the practice OF
abortion, In which he referred to the re-
grettable prevalence of IL practice, which
he described as a crime against God ana
man; one that would prove most dis