, 1874-07-31

Tranceila Duiard WAS recalled with refelonco to
portion Ut Earll's testimony. ard tie TlaggH
clair lid ettaok Flngg Wednesday eyouilg, aa
mentioned III her cross examination.
Tho Court horo took reccas for dinner.
AFTERNOON SESSION.
On tho roasaembling OF court. the lcfense put
Mis-. AlARlETTA siAsoy
on tho stand, aud attempted to show by her that
the woman Snctnir said nothing wlatovor to tho
Flaggs "Wednesday evonipE, Tho witnesa said sha
was cloee to tho parties, and did not hear any
loud wordB.
Mr.. King announced that ho deairc1 to put
Mr.. uoyt on tho stand, but that gentleman was
i'll and could not attend, Ills deposition could
be taken. howover, and the jury could hoar 1t
read In tho morning.
Tho Court declined to permit this.
Tho lofonse then said they woro willing to sub
! nit tho caso to tho jury without argument.
Mr. noed would not consent, but; declined to
opcn.
Mr., King objected, and asked The Court to
compel tho stato'a Attorney to confcrm to law
and set forth bis limo Of argument, TINT tho de-
fonHo might lnve an opportunity to mako do0-
nito reply.
Mr. Reed then tnrnca to tho jury and satd lo
had proved tho guilt Of tho acollscd beyond all
controversy, but Ao would reserve Tor tho close
tho dctaiod explanation Of how that llud boon
ATr. King said that tho opening was not o
proper one, and took IN exception, to it.
11R. DoRAN
then oponUd for tho defense. Ills address wns
long and rambling aud WAS more Of oil attach
Oil Flagg than defouBo Of Enrll. 11o argued
that Flagg Betluced his sfalor-in.law, was tho
father Of her child, md was -gnilty Of perjury
beyond oil reasonable doubt. 1t was his perjury
that woud convict Or. Earll, If 10 was CONVICT
cd. nlsl Tie jury should carefully consider tho
value OF 1ls oath, md his standing III society,
before giving any crcacnco to his Htatomones.
MH. RING ,
followed III an claboraio mud effective dofcnse,
of the prisoner, tho delivery OF which occupied
nearly three hours, mud Which waa nstened to
witt. marked attention by tho mambors OF tho
jury, aud every other poraon i'll tho courtroom.
At The outset lie sharply criticized the refusal OF
1Ie claimed tho crime, az specified in
! tho indictment, could not bo punished
| under tho statute Of l3l5 rotating TO abortions.
1t wo,1ll hayo to DO tried under that law bocauBe
tho alleged act was committed prior to The pas
sage Of the now statute, md tho oll QUO was ex
ceedingly detective in describing tho various con
tliltonB Of murdorolH intent In tho procuring Of
caso Of l.fs client. Tho ovltIonce did not show
| conoluaiycly that death Ind been produced by
ebortion. 0n this point tho County phynlcian. pr.
! Honrotin, hal materially changed bis evidence
since teatlfy'ng neioro the Cofonerh 3nfv anu al
tho other noti1caa testimony slae hau Dcen W.
dt1ood disagreed. 1t WAS clearly shown that tansy
lad bcon administered to deeonacd by Mrs. He'll
and, and it was also shown that it !,adn tonloncy
to destroy pregnancy. Admitting TINT Earll had
| attempted TO produce npott1oh, eonia tho 1iiry
whol, Ind the losirod effect, instead Of tho in-
| etrunonts which tho Doctor might hnve
used, md which TIC uoanty phys,oan
eain could have inflicted tito wpunds
examination? And Il the medicine aud the in
Htrumehts comolnea 70 oucet TUG hnoftlo1l,
could tic jury decide which noasessed tho pre-.
| pondcranco or intl11onco ThtB, the counsel
f co 10 1G TO-
guilt, there waa worry IItlo crcuulatantal, and
loss direct. ovidelice.. The former WAS tint ho
| attended the Girl during lior i'inoHs; that
Misa Du1lar1 Testified that sno aceompa-
went Into room nlono with him. Tho drocl
evidence consisted of his nlleged admission o
the crime to F1agg: There WAS y reasonable
doubt that hIias I3nlard said mhat was not true
voatigatlon, whom it waA ireslor i, hor momory;
aud should itaya boon the first thing TINT ALI
sl,oulA ,aya told. She could not haso forgotten
that important TACT tleD, as aho clainleC. Iu
tho crininatiyo force, OF 1t was not stronf
| oAuH!at ~, sS oN0@1~ -.'.
called upon EARL for tho purpose OF having NJ
abortion. porforuod and ho might hnye roflsod
Besides, i.o claimed that the girl had not bcot
tsre, aud under tho oroaas'ansea ~ he was e'1
could not bo reasonably aBsumed tlat tho eertlil
cate Of death furnishod by Earl wns wllta
maatatemont ,' TT Of tho cause Iaaugh Pr. bylort
ann otior medical exports tostlhoa tnaL no wa
hts moliyqs we're autltlod to an honest cooaruo
t5o1'; =. Il 10 was not ny expert ~ medcl.'o , q
Pr. Pr byford and othora, he should not DO held II
paamo: h. oo,n,n......,+.a =, H. .u.ao
o.tion were not inconsistent witt. tho i1noconc.
of the pFaS@o%el, @ quo Should be 10 considered ,.
tue ?y ~ nao ! p,feet evidence % ag tut sor
to him tIat ho lind performed TWO opera
tlona. 9n9 Wisne1a was entitled to u
eredenco ,, "haI9Sor: taa1;, ne was convicted
ny hls OWN teh!lu'ohY m Nv, OF nong ali accessory &C
tho crime 1ol ~ lay acknowledged TINT ~
| spoke to tho woman slnclar about tho proven