The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-06-05
DRINK HIS NEMESIS
Attorney and Witnesses Say
1t Brought Spear Down.
THINKS HIM IRRESPONSIBLE
His Counsel Paints TerrOrs of Sc
ductive Martini and Father and
Friends Tell of Past Mistakes and
MisfOrtunes-Lawyer Admits For
gerry of the Pay Checks.

Strong drink, particularly the Martini
cocktail. led Surg. David r. Spear. Y.
S. n. to commit forgery, according 10
the analysis Of Dr. Spears attorney.
Henry H. Classic.
! Mr.. Classic yesterday admitted that his
client had forged the names of three OF
his fellow medical officers Of the navy TO
pay checks. but he contended that DR..
Spear was not responsible for his acts
on account Of excessive indulgence in
Martini cocktails. Mr.. classic described
the effect of the cocktail as an evil in
fuence within the person. melting its
victims TO crime and excuses.
Medical men. he thought, would back
him up in the opinion that vermouth and
absinthe, which Mr.. Classic regarded as
! necessary ingredients Of a Martini, had
an undeniable toxic effect, which dead
ened the moral sensibilities and insti-
gated a departure from established prin-
| eiples Of good conduct and correct living.
A word picture of a brain frenzied by
1 intoxicants and directing the crime of
/ forgery was presented by the attorney in
his defense Of the accused naval surgeon
under court-martial at the navy yard.
CorrObOrates Confession story.
Commander Wells. OF the navy. cor
roborated the testimony given Wednesday
by Chief Wnkie, Of the Secret Service,
about a confession made by DR.. Spear TO
Chief Wilkie in the presence of Com
mander Wells. Some consistency with
the lurid description OF Attorney Classic
Of his clients state OF mind under cock
tail influence was found in the explana-
ton that Commander Wells quoted as
having been made by DR.. Spear. after
giving his confession:
Il don't know just why did it."
| Commander Snowden testified that DR..
Spear recently turned over 10 him S26s.96
with a memorandum for its disposition
Il developed that the money was to be
used for restitution Of the amounts Of
the forged checks to Surgeon Z. J. Grow.
Assistant Surgeon c. @. Alderman, and
Assistant Surgeon F. II. Stebbens.
The prosecution rested and the defense
opened by declaring that Il would prove
DR.. Spears mental responsibility. due
10 drink, when the forged signatures were
placed on the checks.
/
The first witness for the defense was
tho venerable father Of the accused man.
Judge William P. Spear, Of Columbus,
Ohio. He gave his profession as a lawyer.
and appeared 70 feel deeply the position
he had been placed ia by the conduct Of
| his son lie was accompanied to the
| board room by his wife. who, however. did
not enter the trial room, but remained IN
/ an adjoining chamber.
/ MY son was a soldier in the Cuban
war" said Judge Spear. in opening He
was connected with battery Of artillery
/ formed at Columbus but did not get over
/ 10 Cuba. He came home with a fever
which caused the loss Of his hair. as you
gentlemen can see. During the summer
/ Of the Spanish-American war. while he
was in the service, he drank TO excess.
Took Alcoholism Treatment.
Some time. shortly after the war. we
sent my son to a sanatorium in Dwight.
H.. where 1t was thought he could be
cured Of alcoholism He returned home
and later was sent TO the University OF
/ Virginia 20 study medicine. He apparent
/ ly had been helped while at the sanator-
ium. for he got along we'll at the uni
versity and was considered one Of the
best men in his class"
/ Judge Spear then told Of the sorrows his
son had caused himself and Mrs. Spear.
and added that he did not believe the ac-
cused was mentally responsible for his
actions at the time he is charged with
having forged the checks and had them
cashed.
After the recess the court took at 100
o'clock, the defense placed Assistant Surg.
T. w B. Hough. L. S n, on the stand.
Surg. Hough said that he knew Spear at
| the university, where he was considered
one of the most brilliant men and was
we'll liked.
Was Noted Athlete.
He was noted athlete and was espe-
cially prominent as a member Of the foot
ball team" Surg. Hough added. HouEh
said he again was with Spear last sum
mer, when they both went to the univer-
sity to study for the examinations az the
Naval Medical College. which were TO
take place IN the fall OF the year.
He took no vacation" he added. "aad
toward the close of summer he began to
/ drink 10 keep up his strength. He has
beer drinking constantly since then until
March, when his health gave away. and
when the examination came off, instead
Of being one Of the best men. he became
/ one OF the worst. He drank 60 heavily
| that IT became common comment that his
mind was affected. This was often spoken
Of before the forgery he is charged with
took place. I do not think Spear was
mentally responsible at the time the for
gerry was committed"
] Assistant Surg. Rhodes. L. S. N. was
! the next witness for the defense. He told
/ Of his first meeting Spear at the Naval
Medical School. Spear. he said told him
and his room mate that his (Spear's)
/ brother was dead. which was a misstate-
ment OF fact.
Friends Thought Him Irrational.
He was very Irrational at all times"
/ Rhodes added. "and he did not appeal to
me to be responsible"
| Following the testimony OF Surg
/ Rhodes. the court adjourned until this
morning at II o'clock, when the defense
will call several more witnesses TO cor
roborate the testimony already given.
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