The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-09
WH|STON'S
COMPL Lain rs.
Piling Up Evidence in the
Conspiracy to Defraud
the Colonial Go.
EXPERTS SAY He WAS INCURABLE
Records of Hospitals in Which
He Was Treated Brought
Into Court.
EXPERTS SAY He WAS INCURABLE

The States testimony at this morning s
session of the trial of DR.. Richard Jahr,
Undertaken William Necker and Thomas
j. Kelly for conspiracy to defraud the
Colonial Life Insurance Company was
devoted to proving that Anthony Winston,
who 1t is claimed, was dying of consump-
ton when he was insured, was not a safe
risk. AS told in yesterdays News" Ket-
ly who was an agent for the company,
recommended Whistona good risk and
DR.. Jahr, as medical examiner, passed
him as such after an alleged superficial
examination while Winston, logged out as
an athlete, was punching bag in an i'm
promptI gymnasium rigged up in the rear
of Undertaken Necker's establishment in
7 Union Hill.
AT the opening of the case this morning
Counselor Gordon served notice on the
States attorney that the defence wanted
the books of the Roosevelt and New York
hospitals produced in court to be used by
them when they began their side of the
case.
Lawrence Marks of No. 245 Student
street, Brooklyn, was called first. He
has charge of the Union Hill district for
LAG SOiOllldi l4llC luSQFdUCe OOulpdily
The defendant. Thomas j. Kelly, worked
under him. He was acquainted with Kel-
ly's signature and identified it on sew
eral papers.
Charles H. Gunthar, of No. 100 Canal
street, New York, testified that he was
an agent of the Colonial Life Insurance
Company IN 1858 and was assistant man.
ager at Union Hill when Mr.. Kelly was
4 loc al1x yol +t,a.. Ii;
references and get him position. Gun
thar told him he did not think ne could.
In August, 1900, he had another talk with
Kelly. He said Kelly remarked: '.Oh,
the doctor is easy" The remark was
stricken out on objection.
DR.. John t. Luck, practicing medicine
in Onion Hill, treated Winston as a char
lty patient. He was the doctors stable
boy. He said Winston had tobacco
heart.
Henry S. PASCAL, connected with the
Loomis Sanltarium for Consumptives in
New York, said he treated Winston fror,
January 81, 1900, to February 8, 1900, and
found he had urrochis Of the liver. He
was then discharged because they did not
treat those cases at the sanitarium.
The Rev. William Ackert, assistant
pastor of the Collegiate Church of New
York, knew Anthony Winston for five
years, during which he was i'll at times.
He had no doctor. Recess was taken at
this point.
DR.. John Nevin, the Medical Director
for the Insurance Company, testified that
he went to Neckers undertaking estab-
lishment on September 5, and made an
examination of Winston.
Il found that Winston had consolidation
of the right lung with some evidence of
chronic pleurisy, evidence of chronic al
coholism, and l discovered that he had
undergone an operation for tumor of the
arm. As the consolidation of the lung
was in an acute stage it must have gone
on when Dr. Jahr made his examination
The pleurisy and alcoholism probably
dated still farther back. Inasmuch as the
man was chronic alcoholic victim he
was not an insurable risk
Mr.. Speer on cross examination called
the attention of the witness to Dr. Dela-
fields work on the action of the liver, in
which the author disagreed with DR..
Nevin. The lawyer wanted to read the
opinion, but was ruled out
DR.. William j. Arlitz, who was physi-
clan at st. Marys Hospital during Febru-
ary, 1900, had with him the record of
the cases treated at the hospital at that
time. The record was made by the Sis
ter Superior. All the lawyers for the de-
PENDANTS objected to the witness testify
ing as to any entries in the record un-
less they were made by himself
Judge Blair admitted the book DR..
Arlitz's attention was called to the entry
made as to one Anthony Winston, who
was treated for cirrhosis of the liver and
; was discharged as improved
DR.. Otto Kothe, North Bergen, testified
that he treated Winston at ST. Mary's
Hospital and that he was discharged as
improved but not cured
DR.. Gravel of New York hospital
said he had examined Winston in Janu-
ary, 1900. at the hospital and diagnosed
the case as tuberculosis.
1t was impossible for him to saw
whether it was durable or not He knew
of no case where tuberculosis resulted in
cirrhosis of the liver as a direct cause.
DR.. o. II. Bartine, clerk in the Roose-
velt Hospital, New York City, had the
record of admission to that hospital OF
Anthony Winston. He saw the man
Winston when admitted August 25, 1896
Those entries showed that Winston had
lot of diseases, but was discharged as
cured.
At this point a sickly looking man took
a chair beside Assistant Prosecutor Wick
J ers, and ex-Judge Hoffman asked DR..
Bartine to look about the room and see
If he could identify the man known to
him as Winston. He could not identity
Mr.. Vickers's neighbor, and Mr. Speer
moved to strike out all the doctors testi-
mony. 1t was denied. The case is being
| continued.