Telegram-herald., 1886-05-27
be Repeats the Story Told 10
a Newspaper Reporter.
A VERY PLAUSIBLE EXPLANATION.
Safs re DID Not Suppose ne Could
Testify 70 his Own Behalf. snd
Find ng the Money on Pr,l-
lers Person. To kitto En-
able him 10 Escape.


loash yesterday and the impression seems
t0 prevail chat the states case was not mt-
tefaily benefited by The evidence as the
American spirit of fair play was violated by
the deception aud a grossly improper fraud
was perpetrated on the grand jury. The
statement Of Mccullough that the end justi-
fes the means seems 20 have weakened the
strength OF his testimony and, taking it
altogether, the prosecution does not occupy
the high moral plane 20 did esierday morn
iug Deputy Sheriff Michael kenetck this
morning testified 20 the meeting of the
prisoner with his father.
Nr. Fauuuer0y opened for the defense
aud said. God and the bOyish defendant
alone know how how Charles Arthur Prel-
Ter met his death. Now this young man
proposes 10 disclose To the jury all circum-
stances surrounding the death OF Preller.
You have been told how Maxwell and
Prelier became intimate ON board ship.
We wish % prove that the defendant said IN
the presence Of Mr. Warren that be was
lawyer and had acquired some
know ledge of medicine. Maxwell was anx-
Oas 60 procure some employment and was
anxious tO 20 a. Auckland AT Boston As
an inexperienced student he attempted 20
practice medicine Maxwell did not repre-
sent % Preller that he had the necessary
money 20 20 10 Auckland. Before Preller's
arrival here We lind the defendant trying 10
raise money. When Preller came the friend
ship between the two was resumed. Up 10
Sunday, April >. 1855 the two were con-
stantlv together. We will show that
when Preler was in the defendants room
defendant undertook TO perform the oper-
alton We will show that while the de-
feudant was administering the chlorOfOrm
be discovered that he had upset IL. He then
went 20 FernOw drug store and procured
sufficient quantity of chlOrOfOrm TO perform
the operation. When he came back he ad-
mInistered some more of the drug and in
serted the catheter. As he did so Preler
groaned and the defendant seeing that he
was suffering administered more of the
drug. While performing the operation he
noticed alarming gns IN the breathing of
Preller and Immediately cut of his patients
shirt and drawers and commenced 70 beat
him about the chest and eudeavOred to
restore him iOconsCiOusness. After working
some time ON the body he found that his
friend was dead. Then a stranger ia
strange land not knowing that il charged
with murder he could testify in his own
behalf he concealed the body IN the trunk
first clothing il with "A pair of his own
drawers Discovering large roll of money
in Prellers trousers pocket he took 10 20 aid
his escape. Then drowning all thought in
drink The next morning ne opened the
trunk. cut OH Preliers mustache and after
cutting the cross ON the breast pat the
famous plac. rl so perish all trait r, &c
90 mislead pursuit
Mr. Faunthtio -ithen went over the testi-
m0uy as already gwen. endorsing all of It,
and added nothing new, except that while
on the way out from San Francisco, Max
we'll threw overheard the catheter He
would pun IN evidence the character of the
defendant and show his good reputation
and his want of courage firnness and
nerve 10 commit the foul cold bloc ded
murder with which be is charged He
hope that the State would place the coroner
upon The stand i'm order that bis testimony
might cOrr0bOrate the defendants state
ment
Mr Fauntleroy- alluded to the statement
of the detective. Mccullough. which he
claimed was false upon It's face and had
made the State Overshoot the mark The
speech occupied exactly an hour.
The defendant then took the stand amid
great excitement, the noise and demOnstra
iiou becoming SD violent that Judge Van
WAGNER threatened to clear the court.
Clerk Penney swore the defendant. who
looked little flushed, but otherwise calm.
KMr Fauntierov commenced the direct
examination as soon as anything approach
/ ing order could be restored. After stating
bis name to be Hugh Maxwell and his age
T - wears. the prisoner described his meeting
{ with Preler. but no new facts We're brought
our 4 recess was then taken.
During the recess Of an hour IL was dis
covered that the door Of the court room had
{ cracked in several places an was in danger
/ of giving way and falling with the crowd
E Hs -rf i.re r.arr.H an trtfar that rrfIv fhpaf
+ Cor whom seats could be- provided should
+ ae admitted to the court room There wer,
7 at least uo persons shut ont by this ar
T rauEemeot They fingered about an toe
I afternoon in tHe hope of gaining admis
+ sion seeYing the police busy holding then
back
After recess Maxwell continued He sal,
I freIIer and himself were toge her constantly
up fo SUNDAY PreIier bad symptoms o
F Structure and thev agreed that Max
+ should treat him for .t commencing witt
fhe use of caiheter. Cnloreform vas pur
caasei at Fsrnovs drug store. aud affe
ordering % hov of cigars to Max wells room
faeF ve1t there OEplher for Tie operation
Ir.. er .nas az his Undertaking and la'
down rpon toe he3 Ma1wel saturated
r.a.. ~ .iuf eIfh rIioraisrm and admins
fsre3 rs Preier Before he had giver
enaeEh fa produce effect Maxrcl
overturned fae bottle Of chIorofau
and went lo he dur store end purchase.
more
The witness rnntl.uaf Returning "a
-nH rens Hp tle lint agaHn and pu
anugf Ersmn.e en n and heIi it ahnu
sir nrhes frsm hi- fage So e would s.
mTel Vh ar continued this some
r.e nnr t.ouEht iusersiti ifv 60 rsi
hsi neen reached foes up fhf catheis
snI lrrae.et fo insert It Fl bad bee