Waterbury evening Democrat., 1907-11-15
DIVER IN THE TOLLS
On Serious Charge Bailed Out,
 Surrendered Again.

On coroner's warrant charging him with having performed crim. inal operation upon Mrs Josephine Hale, wife of Charles w. Hale, of Hale & Puffer, insurance agents, Bank street, Dr Hugh J. DeVer was arrested last evening at 10:3O o'clock by Detectives Dodds and Keegan. Though developments are expected to arise at any moment, the case may stop at that point for some days. Meanwhile Deputy Cor oner Makepeace will make further investigations into the matter and upon the nature of the results will depend the prosecution or release of the doctor.
 The, doctor was in his home on Grand street when the officers en- tered, and as strong as words were capable he resisted arrest.
 This is an insult, sirs," said he, quite dramatically, ''and whoever is responsible shall pay dearly for it.
 The officers told him they were merely doing their duty, but that had little calming effect upon the doctors rising anger, and, accom- panied by his physician, Dr F. G. Graves, for he has been very sick, he went with with the officers to the station. He was detained in the wo- mems department on account of his health and held there until released on bonds by Peter Bauby about 3 o'clock this morning. The amount of the bail was $4,000.
 There was a crowd in the city court this morning expecting to hear the case tried, but in that respect there was a great disappointment, for coroner's warrant has differ- ent effect upon the party arrested than the usual criminal warrant. So far as the city court was con- cerned the case had not been heard of, officially, there. The case rests solely with the coroner for the pres- ent, and perhaps will for the next few days.
 According to the information in the hands of the coroner, Mrs Hale became patient of Dr DeVer about October 16. He treated her about sixteen days, for what ailment has not yet been stated. ..
 On October 26 the woman was re- moved to the Waterbury hospital, and last evening she died there. A few minutes following her death a warrant was issued for the appre- hension of Dr DeVer and in half an hour he was locked up in the police station.
 The coroner is not giving out any information about the case, but nev- ertheless it was ascertained that early last evening it was found that the woman would die and that evil dence of criminal operation had been performed was discovered and it was decided to summon the cor oner. Within half an hour he was at the woman's bedside and her statement was taken. Whether or not the woman knew she was dying has not been made known, but when the case comes to trial, assuming that it will, a great deal will depend upon this point. If she knew that she was dying, her statement will be taken as an ante-mortem declaration and will have telling effect upon the case. If she did not know, the con- trary will be the effect.
 If the woman was a voluntary pa tient of Dr DeVer is another point that has not been developed, but whether or no it will have no par ticular effect upon the case so far as the doctors rights are concerned.
 Coroner Makepeace stated this morning that he did not wish to make any declaration about the matter. He will make an autopsy, he said, and summon witnesses, and upon the general summing up will depend what course the case will take.
 Dr DeVer is a we'll known figure on the streets of Waterbury. He is we'll up in most of the fraternal or ganizations. He is particularly prominent as a Knight of Pythias, being surgeon-general on the staff of Brigadier-General George R. Ty- ron of Meriden.
 The victim of his alleged mal- practice was about 24 years of age and was a native of Winsted. She was married to MT Hale about four years ago and came to this city with him three years ago. Besides her husband a child and sister survive her.
 The doctor was surrendered by his bondsman this morning about 10 o'clock and once more he saw the inside of the women's cells in the station house. The reason for the surrender was said to be lack of se- curity on the bond. The doctor is not believed to have any real estate, and without some security Mir Bauby did not wish to be responsible for his liberty until next February, when the superior court, criminal side, opens here. A second warrant was immediately issued and upon the strength of that the doctor was locked up.
 A sister of MT Hale came down from Winsted this morning and was shocked when informed by a Demo- crat reporter that Dr DeVer was un- der lock and key. charged with per forming a criminal operation upon her sister-in-law. Mrs Hale. She said she had never heard of Dr DaTar Not tha SIiobtest intfuna ffou