Daily globe., 1879-04-22
THE ALLEGED ABORTION.
Mrs. Ross Held in the Sum of $500 to An.
sXec to the CHARGE.

Mrs. Ross Held in the Sum of $500 to An.
swer to the Charge.
The municipal court was crowded with
the idle and curious yesterday morning, at
tracted thither in anticipation of nauseating
developments in connection with the Ross
Leath abortion case, which was called at
$50 o'clock, Mr.. w. w. Erwin appearing
for the defendants, and County Attorney
Rogers representing the interests of the peo-
pie. Mrs. Anna Balderston was first called
in behalf of the prosecution, the only ma
terial point elected being that she had seen
the child about the second or third day of
last March while rooming in the same build
ing as the Leath woman, corner
of Fourth and Franklin streets.
A few minutes after this witness had left the
stand she requested the privilege of being
recalled, on the ground that she wished to
correct her testimony, the request being
granted. She then testified to having been
told by Mrs. Ross some facts which tended
to criminated her, the prisoner.
Captain Clark was next sworn, and testified
to the arrest of Miss. Leath, and having been
told by her that she had had miscarriage.
Lizzie Leath then took the stand, and aft er
some hesitation admitted to having been
sick for two days last March. She denied
having done anything improper, and fully
exonerated Mrs. Ross from having connived
in that direction. Mr.. Erwin then moved
for the discharge of the prisoner on the
ground that the testimony had failed to sub
stantiate the charge of abortion. The court
held otherwise, and remanded the prisoner
to the county Jail without bail to await the
action of the grand iury.
A motion for the release of Mrs. Ross on
writ OF harbeas corpus, was argued before
Judge Wilkin at o'clock yesterday after
noon, County Attorney Rogers appearing for
the State, while Mr.. Erwin represented the
interests of his client. Mr.. Erwin reviewed
| the testimony upon which the relator had
been committed, learnedly adverting to the
law in the case, and closing with an eloquent
| appeal for the release of the prisoner on the
grounds that the position taken by the
prosecution was of an entirely negative
character and that the testimony had failed
to prove presumptive evidence of con-
nivance, nothing having been produced be-
yond the slightest suspicion. Mr.. Rogers
followed with an exhaustive review of the
testimony and law involved in the premises
resting the case with the assertion that the
offence had been established and that there
was strong suspicious tending to prove &
crime.
The court held that the committing
magistrate was justified in committing the
prisoner, if the case was such, as in his dis
cretion, required more thorough and com
prehensive investigation. It was true thai
the magistrate had discharged the mother o.
the child, which was in accordance with hi
rights of discretion, as the testimony agains
the relator did not influence the mother
while the circumstances of guilt were such a.
to warrant the commitment of the prisoner
In conclusion, the court sustained the actor
of Judge Flint, fixing bail at $500, in default
of which the defendant was committed tx
the county Jail.