Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-15
arRoNo ARRAY or WlrNeSoEo
Y APPEARS IN eEHALF OF
ACCUSED PAYsiclAN.
EVIDENCE 70 SHOW THAT
OPERATION WAS NEcEs1AAY
state saetsrislssiss Albert and Water.
Ice Physician rsstify-Witnsssss Say
Condition, Of Miss Irish Was Critical
When She Came to pr. 1irnsy's OF.
flee for Treatment.
,pec,a, 10 rim., -Republican.

L
Charles City. Oct. 1.-the DEFENSE
is now offering evidence inathc case OF
DR.. E. r. Birney, charged with second
degree murder. The state conclu leo
last night and from the general treno
Of sentiment did net make as much OUT
Of the case a. was expected. The de-
Tense il admitting much of the EVIL
dence as offered as the fact, but the
claitn Is made that the operation was
necessary in order to save the HE 0l
the girl; that a previous operation hau
been undertaken and 1t was bungllns
Job. DR.. Henry Albert, Of the the Iowa
state university stated that from tue
expert examination made 1t locked as
If the Job had been that of bungler.
and that corroborates what the de-
tense is maintaining. The defense Is
also ping up plenty of evidence show
ing that Myrtle Irish was very sick
girl when first brought into DR.. Bir-
ney's office that night. Many are look
ing for an acquittal. The case prob-
ably will go to the Jury by Saturday.
Strong Array Of Witnesses.
The state began their case with
strong array Of witnesses from Nora
Springs, whose evidence II true i'm
peaches that of a large number OF
states witnesses who testified as tc
Myrtle's good health prior to her OPP
Grafton.
DR.. Waterbury, Of Waterloo. began
his testimony with the direct state
ment that death in Myrtle lrish's case
was due to Infection from the uterus.
This the defense admits.
He then testified that it was the
custom for a physician in such a case
as miscarriage to bring in another doc
tor, not for his protection but to aid
the sufferer.
DR.. Henry Albert, Of Iowa City, ceru-
fled as to Infection and mentioned
that the puncture In the uterus might
have been made with dilator, an in
strument to open the mouth Of the
womb. When DR.. Albert left the stand
the defense made him sign deposit
ton which shed more light on his
statements. In short this explanation
contained that If a doctor used spec
ulum (and the evidence IL that DR.. Bir-
ney always used one) and he had good
light, that such state as was found
could never exist.
Undertaken Martin Of Nora Springs
was brought to the stand again and
testified to the friendliness Of the pa
rents to Birney after the operation
ana to the statement of the mother
thanking the doctor and saying, Now
1t is all over, it was our fault
I Mrs. CLIFFORD, Mrs. Briant Mrs. Dit.
n1er. F. Shoeger, A. T. Moore and Joe
Edgar of Nora Springs, and Mrs. Stan
ard Of Mason City, started the evidence
for the defense.
They all testified DR.. Birney as their
family physician. and the first three
women stated they were up to DR. Biz
ney's office when the 1rishs brought
their daughter in, that she was very
sick, that when she approached the Of
fee she leaned on her mother and
when in the office roniited heavily.
The girl was taken into the doctors
private Office and q moment after the
parents were called in. They each
saw the party leave for the Birney
home, the giri still showing the same
signs Irish and Birney preceded on
the last trip OF the unfortunate girl,
the mother and daughter followed.