Waterbury evening Democrat., 1907-11-22
DIVER CASE BEGUN
Deputy Coroner and Doctors
 Give Their Testimony.

=
 Hale, wife of Charles w. Hale of 5
 Center street, through criminal op
 eration, took place in the city cour
 to-day before Judge Peasley. Tn
 witnesses for the state were Corne
 Makepeace, Medical Examiner Cram 3 and Drs Cooley and Anderson. Tn doctor was defended by Attorney
 Bauby and Russell. His wife ac
 companied him to court.
 The first witness was Medical Elk
 aminer Crane The drift of his tes
 timony was that he first saw Mir
 Hale on October 21 in consultation
 with Drs Anderson and Cooley
 What Mrs Hale said on that occa
 zion was ruled out. Five days later
 the doctor was present at an opera
 tion upon the young woman to off
 set, if possible, the operation she is
 said to have undergone in Dr De sVer's office. On November 1 peri tonitis had greatly developed. He saw her again about three hours before her death on>November IA
 After death had taken place he ex' amined the body and found it great ly emaciated. l. weighed about sev- enty pounds and certain organs were removed and preserved by the hos pital pathologist.
 Coroner Makepeace, the next wit ness, testified substantially as fol lows: He saw the woman on Octo- Der 26 and spoke to her as to her hopes of living. On that date she spoke to Dr Anderson and then she made her statement under oath. She did not die till November IA. She said she had no hopes of recovery, that she knew she was beyond human aid and that only miracle of God would save her. She did not say this until after Dr Anderson had tcld her there was no chance for her. He said: You've been brave lit- tie girl, but | fear there is no hope for your recovery" She then told the coroner she did not expect to live and she made hsr declaration, know ing that she was dying. The declara tion, or rather as much of it as is publishable follows:
 q have sworn to you to tell the truth. I really believe I am dying l have lost all hope of recovery eX- cept through miracle of God. l am making this statement freely, without compulsion and in expecta tion of death. It is my solemn state ment and it is the truth. I am clear in my mind and know what I am saying, and it is true, My name is Josephine Hale and live at 5S Center street, Waterbury. I am twenty-four years of age. I went to the office of Dr Hugh DeVer at about o'clock in the afternoon of October IA, 1907. I went alone. He told me he could get me out of it with perfect safety, that 1t would cost me $25 cash, that he would do it any time when I brought the money. We made an appointment for Thursday, but instead I went Wednesday afternoon, October 16, 1907. I was alone" (Here fol- lows her description of the opera tion.) II had several severe cramps and he told me there was no danger, that I could do my regular work or go to dance. I paid him $25 and left. was not in his office more than twenty minutes. I saw Dr DeVer for the first time when first went to his office. He is a big, pompous looking man with no whiskers. I told my husband before l went the first time and after came back.
 MRS CHARLES HALE"
 Some time after taking the woman's alleged dying declaration the coroner and Dr Anderson went to Dr DeVer's office, found some in struments there and took them away. It was Dr Cooley who sent the first information about the case to the coroner. When he got to the house Miss Fitzgerald, a nurse, and Drs Cooley and Anderson were there and he had Mrs Hale withdrawn from the room as they did not wish to 1 discuss the details of the matter in | her presence.
 Attorney Russell had the coroner | admit that the alleged dying decla- | ration of Mrs Hale was written part | ly in his office and partly in her | apartments and was made up from | the answer she made to his ques- tions. The words used in the docu- ment are not hers but are substan- tially so. After the declaration was drawn up the coroner administered to her the oath of telling the truth and she swore to it. Her answers were clear and lucid. he said. Mrs Hale told him how she found Dr De- Yer when she first called there and he said that she told him he was dressed in the uniform of fraternal | society. he was positive that she used the words except through a of God" She did not say that she knew she was dying until after she was SO informed by Dr and even then she did not express any wish to see her children or her husband or where 10 be buried. or why she should expect to die, or what should cause her i'm pending dissolution.
 The coroner admitted that he was as brief as possible in taking the Woman's declaration because he knew an operation was immediately necessary. yet. ne proposed to get } complete and valid statement from her. To the defence Dr Anderson stat etl that at the time of the first con at Mrs HaIe's home her hus- hand and her mother were present and the husband broke down and had to Ieave the room He did not say --rtE.n-- I-.-. s---a I-E. .l.. -----. r-l..-