The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-06-04
MAXWELL's DEFENSE.
The Case For the Accused Opened
By His Counsel
The Prisoner, On the Stand, Relates the
Story of the Killing Relying On tho
Plea of Accident to Save His
Neck From the Moose.

own defense was sufficient to pack the
Criminal Courtroom at an early hour
this morning. As early as eight O'Clock
hundreds were in waiting to secure good
seats, and some of the women came
provided with lunch, as they intended to
stay it out all day. The deputy sheriffs
had more difficulty than usual in pre-
serving order, as the crowd did large
amount of whispering and commenting
on the probabilities of the defense.
At 1880 Mr.. Fauntleroy commenced his
opcning.address to the jury, in which he
outlined the defense, which is that of &C.
cidental homicide. His speech lasted All
hour.
MAXWELL ON THE STAND.
The defendant then took the stand
amid great excitement, the noise and
demonstration becoming 80 violent that
Judge Van Wagner threatened to clear
the court.
Clerk Finney swore the defendant,
who looked little flushed, but otherwise
calm.
Mr.. FauntlerOy commenced the direct
examination as soon as anything ap-
preaching order could be restored.
estate your full manner" was the first
question.
"Ilugh Motham Brooks"
elbow old are your"
"Twenty-five years."
"Where born?"
CLYDE, England"
"That is your homer"
eyes, sir"
care your parents livins?'
"They are, SIR"
"When did you first engage in busi-
ness?"
"Eight years ago entered law office
in Stockport, where l remained four
years. After l left Mr.. Browns office
went to London agency, in which Mr..
Brown was interested, and completed my
course"
care you lawyer by profession2'.
81 am"
"Have you ever studied medicine?"
81 have in the school at Manchester. /
studied chemistry, physiology and allied
branches. l have studied medicine more
or less ever since left school,"
''Where did you first meet Mr.. Prel-
ler?"
Iucb Mt. dL Tile NOTtH-
western Hotel in Liverpool, the evening
before the sailing of the steamer. l was
looking at the sailing list in the hotel and
remarked that the Cunar1er sailed late
in the afternoon, and he asked me if
was going aboard the Cephalonia. 1 re-
piled that l was. was not introduced
to him until we were on board the vessel.
1 met Mr.. Warren on board, and as there
were only five gentlemen passengers on
board the vessel, we were thrown to-
gether good deal. Mr.. Prellcr and my
self were Englishmen, coming to a
strange country, and our acquaintance
ship ripened into firm friendship, and
we were together a great deal.
at is true as stated by Mr.. Warren
that Preller and myself were more to-
gether than any other of the passengers.
l talked to him about my plans and pur-
poses in life, and told him what they
were, and he talked about his. l had
with inc the medical books shown TO the
jury and Il number of othcrs-abOut six
or seven altogether. l had the books
four or five years and had studied them.
should say that am rot 4 skilled physi-
clan and surgeon.
81 had the case of surgical instruments
with me alluded to by Mr.. Warren, anu
have no doubt l showed it to him. l
told Mr.. Warren that was an attorney
at-law and had studied medicine and
chemistry.
ave landed i'm Boston February 5, and
we went to Young's hotel, where Mr..
Prcllcr remained three or four DAYS, aud
then went to Canada"
Continuing, the witness told of his
ripeninS acquaintance with Prellcr; his
cure of a girl i'm Boston; his arrival in
st. Louis; life at the Southern; his tinan-
cial condition while a sojourner there;
his visit to the drug store; his meeting
with Prcller, and his inseparablc COM
panionship with that unfortunate young
man; all of which was supplemented
with his own version Of the killing of
Preller.
After detailing the causes leadin. to
the performance of the proposed opera
ton, witness said:
"Mr. Preller took off his pants and
drawers. Then he laid down upon the
bed. placed the four-Ounce bottle of
chlOrofOrm upon the washstand, where l
had previously been engaged washing my
and took ont the cork. I
then poured about fluid dram of the
chlorof0rm upon piece of linen lint
that is to say, linen one side of which
had been rubbed or furred up-replacing
the bottle upon the stand. The lint ]
folded three thicknesses and held in my
nands flat-so. Preller was lying upon
the bed. l held the lint above his face,
about six Inches from the nostrils."
"Why did you hold it at that dis
tance?"
$50 that the vapor of the chloroform
might be we'll mixed with the atmospheric
air."
"Well, what them"
81 told him to breathe naturally, and
the inhalation began. In a moment 1
turned to the bottle of chloroform, when
I found that it had been upset and nearly
The narrator paused and passed his
hand across his forehead, which was
damp with perspiratiOn.
''What then?'
''In my opinion enough chloroform did
not rem ain in the bottle to produce
or Inconsistencies to pain.
/ accordingly left Prcller lying there and
went down to Mr.. FernOw's drug store
to procure some more"
"Who did you see there?"
Mr.. Fernow's boy. l told him I had
spilled the chloroform I had
and wanted some more. Mr.. Fernow.
who was in the rear of the store, called
out: All right, doctor, I'll give it to
you in moment told him when ne
came out what wanted, and he said that
two ounces was all he could let me have.
as he was very short of it just then.
took that and went out"
severe you at that time eXcited?"
"Not at all. was in hurry-that
was ALL"
"Did you leave Preller in that un-
frocc cod conditinn>',