The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-11
N. DIS WRIT FIGHT
TESTIMONY is TAKEN IN
MARKENS'S CASE.
Physician Wants Dismissal as Hospital
Inferno Decentralization
Action.

Testimony was this morning heard il
the case of DR.. Edward W. Marken
against the Board of Chosen Freebooter
of the county of Essex, on a rule to SHOW
cause why q writ of certiorari should no
issue reviewing the proceedings of thu
board. relating to the pretended DISMISS
of the prosecutor of the writ as an intern'
at the County Hospital for the Insane.
DR.. Markers was present, and repre-
scented by Cortland Parker, County Counse
Elvin w. Crane looking after the interests
OF the county. Walter ]. Knight heard thu
taking of testimony as special master.
The next witness was Ernest F. Smith,
a newspaper reporter. He was questioned
as to the v~eracity of an article published
after the meeting of March %. County
Counsel Crane objected to this line of tes-
timony. but, as the commissioner was
powerless TO rule on the matter, the ex-
animation continued. Mr.. Smith said that
at the suggestion Of DR.. Markers a motion
was made giving him five days in which
to produce affidavits as to his character or
his resignation. This, witness said, was
lost by a tie vote.
The previous witness read the minutes
of the meeting and said that this motion
was lost by a vote OF 4 to 2.
Freebooter Edward Eaton was called,
and after claiming tina the minutes We're
correct, admitted that they were not per-
fectly clear in the matter, asserting that
the motion to give the inferno five days to
produce affidavits was carried. contrary to
the facts set forth in the book.
DR.. Markers testified to receiving notice
of his appointment from DR.. Dill, super
intendent at the hospital, and said that
he was told to begin his duties at once.
He said that he went TO the hospital the
following morning. staying until 4 o'clock
in the afternoon. when he was summoned
to the office and asked if he had eve been
indicted, and when he replied in the af-
firmative County Supervisor Otterbein, ac-
cording to DIR. Markers, said that he would
not have him at the hospital in any ca
pacity, under any circumstance. Mr.. OF
terbein, DIR. Markers testified, demanded
a resignation at once. and told the wit
ness there was no other alternative. Wit
ness said during Nhe Spanish-American
War he served as a private in Company
]. First New Jersey Infantry, and received
an honorable discharge.
DR.. Markers was appointed inferno at
the South Orange Avenue Hospital for the
Insane at a meeting of the freeholders'
committee on hospitals. held on March &c,
at a salary of $50 a month, TO begin on
April 20. Subsequently, at a special meet
ing of the committee, held three days later,
according to the minutes of the board, his
place was declared vacant because of som
unpleasant notoriety.
The writ of certiorari followed, DIR.
Markers claiming his appointment to De
perfectly legal. He also claims tina his
dismissal was illegal and contrary to the
Spanish-American War Veterans act, re-
Gently passed by the Legislature.
This is the first case brought under the
provisions Of this act, and is regarded as
an important one by the legal profession.
Freebooter Fred Steck, a member of the
committee on county hospitals, was the
first witness called. He read the minutes
Of the meeting of the committee at which
DR.. Markers was appointed, March Is,
1907. and also of the special meeting on
March 2, at which DIR. Markers was given
five lays in which to tender his resigna-
ton.
1t is eontended by the prosecutor of the
writ that this motion to give the doctor
five days in which TO resign was lost. and
then the position was declared vacant by
a similar vote. Witness denied this state
ment.