The daily morning journal and courier., 1899-12-27
DR. OSBORNE DISCHARGED
HIS TRIAE IN THE CTTY COUE7
 FINISHED LAST NIGHT.

| l The Court Room Crowded With Suecta-
 tors-Mnny Witnesses Henrd-Judwo
 studIeyss Remarks in Render,np ,bs
 Decision-Dr. Osborne Congratulated
 by His Friends Who Were Pre,enttn Court.
 1uoge Studley of the court of com mon pleas sitting in the city court at Il o'clock last night after hearing the testimony of witnesses in the case of pr. Oliver T. Osborne, charged with unlawfully disnterring the body of | Bessie Van Lue, 6. thirteen-year-old colored girl and after hearing the ar- ! gunlents of counsel discharged pr. Os- borne not having found sufficient cause to bind him over to the superior court. In prefacing his decision Judge Studley said that the real issue was as to whether or not consent had been given for the disinterment. It seemed to him to be settled, from the testimony, that the father gave consent, but that there l was question as to whether or not the mother had given consent. Judge Studley said that he had very little doubt but that Mrs. Van Lue had given permission but it becoming known to her sons, disturbance was probably raised in the family about it and Mrs. Van Lue then probably endeavored to conceal the fact that she had given per- mission.
 The judge called attention to the fact that no effort was made to give appearance at the cemetery that the body was there when it was not there. 1t was moral certainty that the autopsy would be known by some peo- pie. He thought, therefore, that there was not probable cause and that Dr. Osborne should be discha ged.
 The case was continue at 730 last evening and at that time the city court room was crowded with spectators, every available seat being occupied and extra chairs having been brought in.
 pr. Osborne, the accused, was the first witness called and resumed his testi- mony, which was interrupted by ad- journment in the opening day of the trial He said that Mrs. Van Lue had told him that she had not secured MT. Burwell as undertaken because she thought witness told her to go to some place on Broadway. She wanted him to fill out the death certificate so she could get the insurance money He saw that there was no autopsy blank on the certificate and so informed her. Witness said that she then agreed to an autopsy and asked him to bring the body back, as she wanted to have it taken to Providence. In reply to MT. Webb, he said that he never said to her that the autopsy would be of such interest to him that he would give her $1O0 for permission to perform it. He never mentioned $10O to her He men tioned no sum in any conversation with her.
 MT. Webb-"When you said to her that her son had told you that you could have an autopsy after the funeral if the family did not know, what did she say?"
 She said that she did not care if the children did not know"
 Your conduct was open and above board?"
 Tt was"
 Witness understood that she did not care to have the younger children know There was nothing in his actions to prevent the children knowing If they took pains to investigate. He didn't expect the children to know it, but they could have investigated and found out as they say they did.
 MT. Webb-"In your conversation with MT. Beecher you don't remember, as understand you, his saying to you that he would require written con- sent?"
 q have no recollection of his saying so."
 Tn what way did you understand it?"
 That he didn't care to do It."
 "Why?"
 Because he thought that it would hurt him.
 "Did you think that 1t would hurt him?'
 "I didn't see how it would hurt any one"
 You won't say that MT. Beecher didn't say that he wanted the written of the mother?"
 ''I don't remember of his saying it."
 Witness said that after MT. Beccher
 
 he had said that he would leave every- thing all right for MT. Burwell.
 MT. Webb-"Is it. to your knowledge, l usual or an unusual thing to take a body from the grave in that way?" MT. Goodhart objected to this ques- ion. Judge Studley allowed the ques- ion.
 Witness did not remember of any otl1- 1T like cases. He did not see any dif- ference between an autopsy before in- :erment and one after intermant. Wit ness said that his interest in the case vas not increased by the fact that he vas writing paper on the case of the girl. He was not writing any paper. Sexton Wilfred Ford of the Westville cemetery was next called. He said that he elder Van Lue had worked for him. Witness saw Van Lue two days previ- JUS to the burial of the child Mir Settleton was present at tne time, and y me or two others saw Van Lue in the yard at the time. MT. Webb objected to witness teliinr what MT. Van Lue said at that time. ut the objection was overruled. Wifi less said that Mir Van Tlla tol1 hto,