The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-03
MAXW ELL.
THE EVIDENCE ON BOTH SIDES
FINALLY CLOSED.


ST. LOUIS, May 31.-The first witness called by
the prosecution in the Maxwell trial to-day was
Morgue Superintendent RYAN. He testified that he,
in company with Doctors Prewett and Nideet and
Glover, of counsel for the state visited last FRIDAY
the cemetery in which Prellers body had been in
terred and eXhumed the remains. post mortem
examination made, and certain organs referred
to by Maxwell, in his testimony, were removed. DIR
Prewett said that tha body at the time was in good
condition, better if anything, than at the time il
was buried. The defense objected to the testimony
on this point on the ground that the defense was
kept in ignorance OF the occurrence and they had
no representative to see that the body from which
the organs were removed was really Preller's.
The court overruled the objection. Exception
was taken. An opportunity, however, was after
ward given the counsel to argue on the question,
and Mr.. Fountleroy, of the defense, spoke against
admitting the testimony After considerable dis
cussion, the court decided to admit the testimony,
and Prewett was placed upon the stand. He testi
fled that Drs Nidelet and Brokaw, and himself
witnessed the eXhnmation of Prellers remains
on last Friday. The body was in excellent condi
tion no decomposition being visible under the
surface The membranes were in excellent cond-
ton The parts, which Maxwell testified were die
| eased, were found to be in normal, healthy con.
| dition, and no structure uuder most careful
examination could be found
| COronrr Nideet testifen that he was present
at the post mort m examination referred to above,
| and corrob0rated the testimony of Dr. Prewett.
A. V. l., BrakOw, assistant to the chair of sur
| gerry and demonstrating anatomy in the Missouri
Medical college, was present at the dissection OF
the organs referred to, and testified that he had
made personal examination of them, but failed
| to find evidences OF any kind of disease or
| structure
The state then announced that they had no fur
| thsr evidence in the rebuttal to offer.
Mr. FOuntleroy, of the defense, asked the priyi-
lege of having par of Preller's body in posses
sion of State inspected by experts for the defense
Mr. Glover, of the prosecution, wanted the
| names of the experts submitted to him. he was
willing to give that to any respectable surgeon,
or physician, except the medical adviser of the de
| fense, The defense refused to accept the cOndi-
tional offer, and the testimony was then declared
| to be closed by both state and defense.
Judge Van Wagner said he would endeavor to
have instructions ready by tomorrow at 10 O'Clock
and adjourned the court until time.
ST. LouIs, June Judge Van Wagner, at the
| adjournment of the criminal court last evening
stated he woad be ready to read instructions to the
| jury trying the Maxwell case, this morning. The
| Jury received instructions standing, which gave
the prisoner better opportunity to search in the
counter sCes for some expression of leniency
The Jury listened attentively to the words of thu
judge but betrayed no hint of convection as t.
whether the defendant was guilty or innocent
Maxwell appeared more nervous than usual, no
fixing his attention upon the words of the judge
but dividing it between the latter, the jury, his at
| torneys and the auden 'e.
The Judge, in his Instructions. said that "if the
jury should find that the defendant did kill and
murder Charles A. Preller in the manner and form
charged in either of tn counts of indictment, they
should return verdict of guilty of murder in the
|
that the defendant undertook to treat or operate
upon Preller for disease, and administered chloro-
form 80 neggently, carelessly or recklessly as to
cause the patients DEATH but without intent to kill
or do bodily harm then they should bring in a YER
dict Of manslaughter in the fourth degree The
Judge further instructed the jury that if it had
been shown that Preller desired the defendant to
treat him for the disease indicated in the testmo.
ny, and submitted himself voluntarily to such treat
ment, and that the defendant administered d chloro
form cautious, in careful, prudent manner, the
| verdict of not guilty should be returned.
| The judge also informed the jury that verdicl
of guilty could be returned upon circumstantial
evidence alone If, however, the evidence should
show that the defendant made any statements re
| gardng his guilt or innocence, defense ahould be
entitled to the benefit of what he had said for him
self and the state should be entitled to the benefit
of what he had said against himself The remain
der of the instructions were devoted to defining
| various legal terms.
Upon the conclusion of the judges speech, Mr.
Bishop, of counsel for the state began his speech
He will be followed in the order named-by Faun
tleroy of the defense; Mcdonald, of the prosecu
ton; Martin, of the defense, and Glover, of the
prosecution. 1t is expected that the case will nct
be given to the jury before Thursday next at noon