New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-31
ILLNESS KEEPS DOTY
OFF WITNESS STAND
Telegram from His Physician,
However, Is Not Admitted
in Evidence.
STATEMENT ALSO BARRED
Battle Contends Cholera Fight
Was Too Great a Strain on
Health 0fficer-Hear-
ing Ends To- day.

Surprise and disappointment prevailed
among counsel for the complsinants at the
investgat ton of the administration Of Dr.
AIvah " Doty. Health Officer of the Port
when It was learned yesterday that DR..
Doty would not testify i'm his own behalf
Charles Dushkind. counsel for the COM
planants, had come primed to subject Dr.
Doty 10 an exhaustive cross-exanlination.
George Gordon Battle. counsel for Or.
Doty, explained that his client was in bad
physical shape. and on the advice Of his
physician. Or Herman A. Biggs. ought
not TO appear and subject himself 10 the
ordeal on the witness stand.
Furthermore. Mr. Battle said he had ad-
vised Or. Doty that II was not necessary
for him 10 add his personal testimony AZ
10 the administration Of the office. for the
reason that everything as to which he
could testify had been sufficiently covered
by the testimony Of others.
At the close Of the morning session yes
terday the hearing was adjourned until 1880
o'clock TODAY and II was announced that
with the testimony offered to-day the
hearings would end. Both sides will sub
NIT briefs TO Commissioner Bulger. instead
Of an oral summing up. Mr. Battle rested
for the defence YESTERDAY The time VIII
be given 20 Mr. Dushkind to-day. The
latter intimated that he would call some
new witnesses.
When every one was closely scanning
faces around the courtroom I'm an effort 10
find Dr. Doty and the question Of his tes-
timony came before the commissioner, Nj
Battle arose and endeavored 70 get IN
evidence a long statement which he said
Ct
reasons wbv the latter could not appear
as witness Mr. Battle also offered IN
evidence telegram from Dr. Biggs stating
that in the physicians opinion, DR.. poty
WIS not in At physical condition 20 testify
In any legal proceeding. Or. Biggs's mes
sage was dated Tuesday from Mountain
Lodge. y. Y. where DR.. Dotv had recently
spent several days with his physician.
Would Not Admit Statement.
Commissioner Bulger would not admit the
statement or the telegram in evidence.
sustaining Mr. Dushkinds objection in that
-esnect The cormiss ioner ruled that they
were irrelevant. Mr. Battle asked the COM
missioner If he would deem II discourteous
# he gave the statepent 70 the press, as
he had prepared copies for that purpose.
"You NAV give anything YOU like TO the
rress." said Judge BulEer. You can give
them your hat if Won want TO- he added,
pointing n the reporters who occupied
seats I'm the jury box.
Mr. Battle proceeded 10 pass around the
copies
\ The statement first reviewed the testi-
m nonv Of the numerous witnesses who have
/testifed m behalf of Dr. Doty. and # was
4v
been entirely covered. so that the testi-
monv Of the Health Oficer would shed no
new light on the situation.
at followe that sufficient testimony has
been given. in the opinion Of counsel the
statement read. both 10 enlighten the
learned commissioner as TO the admnistra-
ton Of the office and TO overcome the
charges which have been suggested The
statement continued.
Moreover. DIR. Doty has been for nearly
n year subjected 10 a very wearing, con
tinuouS and heavy strain by reason OF she
fact that during that period the dread
spectre Of cholera has been lowering AT
our gates. and Pc has been occupied day
and night with unTemitting and success
full efforts to bar that iuSidious disease
from our city and our country. In addition
10 this very great tax upon him, this IN
VestigatiOn has been pending Tor the ldSt
two months with the unaVOidaply at
tesldant anxiety and distress to him.
The combined influence Of these causes
has brought him temporarily into a con-
diton very nearly approaching that OF
nervous prOstratiOn. His physician, Dr.
Hermann NJ. Biggs, advises that his phNA-
cal condition is such mat II would De
neither safe nor proper for him TO TESTIFY
and that 10 do so would seriously endanser
his health.
No Cholera Germs in Water.
Several witnesses We're examined at the
hearing yesterday. DR.. Mary d. Grund, a
bacteriologist in the research department
at the Willard Parker Hospital. testified
that she examined specimens Of water pur-
porting 10 come from the cisterns on Hoff-
man Island. and looked for cholera germs
IN II, but found none. That was early this
summer. when a cholera epidemic was
threatened at Quarantine. Dr. Villa Carey
Noble, a bacteriologst from the same hos
pital. gave similar testimony
Both Of the women witnesses said they
did not know Of their own knowledge that
the water which they examined came from
Hoffman Island. That satisfied Mr.. Dush-
kind on cross-examination. and they were
quickly excused.
George B. Nelson. a clerk I'm Or. Doty's
office. testified that he had made a dill
gent search for certain missing slips and
the captains logs Of the transfer boat
Quarantine during the period extending
from October ]. 1892 10 April 90, 1870 with
out finding them. The witness denied that
he had burned any of the official records in
cleaning UP the Offices at Quarantine. Mr.
Dushkind had intimated that the missing
records had been destroyed in that way
after several deaths had occurred on the
transfer boat. which takes sick passengers
from the affected steamers TO Hoffman and
Swinburne islands.
COMMISSIONS. 3ulger asked Mr.. Battle to
produce evide re to show why different
rates had been charged TO different steam
shin compauies for ihe care of passengers
al Quarantine Judge Bulger said that II
had been alleged at the hearings that quar-
autine was run at loss 20 the state, when
the expenses for the care OF immigrants
shouId be entirely met by the steamship
companies Ife thought the Governor would
be particularly interested TO know why
sliding scale had been used. varying from
s. cents 10 g cents day for each person.
Mr. Battle said the difference Was be
tween wholesale and retail rates that is.
d steamship company having a large mum
her Of passengers detained az the islands
received a reduced rate per capita. Al the
request Of the Commissioner MI Battle
said he wogld submit proof OF his assertion
MRS. MoLLOY ON SCHOOL BOARD