New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-03-10
NUCENT WAS NOT KILLED
MatteaWan Hospital Inmates
Death Due to Heart Disease.
DR.. H. F. MAY WAS MISTAKEN
Prosecution Throws Up It's
Hands-Court Indefinitely
Adjourns the Case.
~ reIesraph 20 The Tlbunc ]

rs Telegraph 20 The Tribune
Poufhleepsie. y. y. March 9.-Thc cat
against the management Of Matteawan by
way Of tho death Of John Nugont Febru-
arv last blew mp to-day with a gentle
explosion IN which were concerned Dr
H. 8. Bontecou. OF Tishklr. and Norman
\. Lccs a former inmate Of tho asylum
for the prosecution; Or Herman +. MAY.
a youthful assistant physician at Mattea-
wan who furnished the comedy for tho
defence, and Or. Otto H. Shuttle. coroner's
physician. Of New York. who was the chief
witness Of tho day.
The affair occurred at an informal after
noon party in County Judge Ilasbrouck's
courtroom. The case was put on i'm the
morning and real court was held for an
hour and a half, hut in the afternoon
every one got on good terms with every
one else except Lees. who insisted on be-
ing earnest and forceful and there were
friendly doings till the fall of the gavel.
The witnesses advised the lawyers ana
each other; the doctors cross examined
each other; witnesses who had been ex-
cused Joined in tho proceedings from the
spectators benches; tho stenographer
prompted tic lawyers i'm their questions
and the Witnesses in their answers, and
persons who had no visible connection with
the ease advised and suggested at random.
Gabraith Fails to Appear.
District Attorney Mack WIS in Il bad
way from the beginning because Of tho dis
appearance Of George Galbraith. the com
planning witness against Daniel \. Reilly,
who is charged with manslauChtor i'm con
noc'ion with the death of Nugcnt. Gal
hraith was formerly an attendant AZ tho
Mattcawan asylum. and D. vas he who said
that Reilly "knced" Nus Mt When court
opened this morning instead of Galhrath
appearing q telegram was produced saying
that he had been sick for two days. His
bond Of $50 was promptly forfeited and a
writ Of attachment was issued for him.
The case then went on with the cxamina-
ton Of tho doctors who had performed the
two autopsies on tho body Of Nugcut.
George Wood. Reillys attorney. wanted =
chance 10 prove that IIarrv Thaw was
back Of the charges. in an attempt 80 bring
discredit ON the management OF tho hos
pital. and thus secure his own release. /
Something OF This was brought ont at tho
end Of the day, when Dr. Bonjc~ou told OF
receiving from Norman \. Lees tl2j for
work done 10 secure the release Of inmates /
Of the institution. and 50 from John J. /
Donnolly, p Fishkin lawyer, for tho same /
kind Of work.
Lees said that he had given Rontccou I
only 800. and the doctor. from tho floor
Of the courtroom, made his testimony jibe I
with Lees ana credited so 10 Donncly /
Lees refused to tell where he got the money /,
with which to pay Bontecou. and 30 dlI I,
Donnelly, but the doctor admitted that ne !
was fairly certain Of whore it came from. T
Prosecution Gives Up Case.
The prosecution got along fairly well IN /
the attempt 10 show a probability that Nj /
gent died as the result OF "knceinC" until .
the defence put Or. Shuttle on the stand /
lie made a practical demonstration with "a /
portion of the aorta Of the dead man. and |
described Nuscnt's condition with such par
;icuiarity that the prosecution throw up !
their bands and admitted that he had died !
from chronic encardits and aOrtic stenosi. !
Or. May had his turn in an carly attempt
that NuGents death was from a rupture OF /
tho renal artery The two doctors had per
formed the FIRST autopsy together, and Dr. /
MAY had signed the report 10 tho Coroner /
giving the artorid rupture. That sounded |
painfully like murder. and Or. May had to |
show that nc was not bringing charges /
against the hospital management. BE !
promptly swallowed the report. and SAID |
that he thought heart disease was the /
cause OF death, and explained that though |
he had not seen the body after the first au-
topsy. mature elaboration had convinced !
him that he had made a mistake in iudS-
ment III assigning an arterial rupture as /
the cause"
The case was adjourned TO an indefinite
date. with the hope expressed that Gal
braith would be found.