The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-06-04
Aged Ohio Judge Tells Pitt
full Story Before Court
Martial.
DRINK THE CAUSE
OF HIS DOWNFALL
Believes Young Surgeons Mind
Unbalanced, as 1t was Not Nee
essary for Him to Steal.

Cue ot tile must dramatic incidents
that ever has been seen In a court room
was witnessed at tho court-martial Of
Assistant Surgeon David A. Spear at
the Washington Navy Yard this morn
ing. In defense Of his son. Justice s.
4. Spear, OF the Supreme Court Of Ohio,
testified al length as to his boys life
and character. his testimony tending to
show that at times his life was not
what IL should have been. and not what
he and DR.. Spears mother wished il
10 be. and that the young mans mind
was subject 10 lapses - a result OF his
Indulgence IN alcoholic liquors
The prosecution rested It's case soon
after today's session began. Colonel
Bryan, counsel for Assistant Surgeon
Spear, made q brief, though fOrceful,
statement as 10 the contention 10 be
made By the defense, telling the court
that there was no question OF the fact
that Dr. Spear had committed the act,
but that he was not responsible, by Tea-
son OF the fact that at the time he
was irrational. and bis mental balance
This, ne said. was due TO drink. ana
he knew we'll that drink WAS no excuse
which followed IN DR.. Spears case re-
lieved him Of all mental responsibility.
Colonel Bryan then called as his nrst
witness for the defense Judge Spear.
father or the accused
Torters to Stand.
As the old man tottered in. white
haired and feeble. every person In the
courtroom turned upon him with com
passion Proba bly, az no other time has
such a deep sense OF remorse swept
over Dr. Spear. Sitting bent in his
chair, he hung with flushed face upon
his fathers words. and as Judge Spear
talked ga a slow. measured voice. every
member OF the court sat tense Ia his
chair and listened attentively.
The Judge was led by Colonel Bryan.
his boys counsel, with gentle and
.apOlOgettC pr0mptings. The story OF
DT Spears life, as told by his father.
began with the outbreak OF the spanish
war when Dr. Spear. then IN the first
flush OF manhood. went 20 the front
with the Columbus. Ohio volunteer ar
JiueTy.
when he came back the following
fan said Judge Spear, 'one Of the
officers OF the battery told me that he
had been drinking heavily. While IN
camp at ChicEamauga he suffered with
fever which is partly responsible for
the loss Of hair which you notice
although a young man and upon his
recovery he took TO drink. talked 20
him about Il. and he admitted drinking
"a great deal
"A second time he fell away from his
lasted several weeks"
He Drank Heavily.
Here Colonel Bryan asked Judge
Spear what was HIS son's mental state
at this time.
THAT is hard for a layman TO ex-
PLAN" said Judge Spear.
He seemed TO have a lack OF COM
prehensIon and 10 be ia an Irrational
state. for ne lost entirely the right Dro.
portion Of things. He did not appre-
clate his position or his duty 10 him
self and 10 US.
After that, some time thereafter mv
boy went from home, in Columbus. 70
Evansville, IND. and / think a young
woman, the daughter Of q man we ret
in Michigan, at our country place, was
the object. She Is a fine young lady. of
good family, and I expected no IN Of
tt. He expected 10 get employment In
Evansville, but as / learned later he
did not get IT. I became uneasy about
him. bur did nothing until I received a
letter from a warm friend in Evansville.
with whom my son used to 20 fishing
When I arrived in Evansville the
young man was in a deplorable condi-|
ton bordering on delirium tremens. I
at the bank in Evansville involving an
amount Of $50 or $35.
Took Him Home.
My IFlenO was as InuCl surprised
and shocked as I was, and could not
understand why he should have done
such a thing. There was no necessity
for IL. I tried 70 get him home but
he did not want 10 go. I could not make
him realize that everything was not all
right. Finally, l brought him home.
right. Finally. I brought him home. and
came convinced that there was some
thing radically wrong with him.
I sent him to a Kelley Institute and
he was there six weeks. His change
was truly remarkable. He looked ike
another man.
He wanted TO get 20 work 10 nv
great satisfaction. He studied for col
lege, and II was a great satisfaction TO |
us at horne. He selected the University |
OF Virginia as the best suited. and the
farthest away from temptation, and be-
gan his studies there
while at the university the boy was
moderate in everything. His REQUESTS
fixed charges for tutelage. He seemed
satisfied TO clOthe himself simply. and
stated the purpose for any re- !
mittance asked for"
In response TO several other 0ues-
tions, Judge Spear replied, with tears:
1T is not a pleasant subject for q |
father to recall l try to forget Ii as |
best / can.
Colonel Bryan then opened his arg1I-
nent for the defense
~ TyFTT AMMO