The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-08-13

The motion for new trial In the Max
well case was agued before Judge Taylor
this morning by the coansel in the case,
At the conclusion OF the argument Judge
Taylor proceeded to give an opinion, and
was an opinion that completely over
whelmed the attorneys for the defense,
Regarding the point attempted TO be
made against the conduct of John q.
Weity during the trial, the Court entirely
forgot to ever mention IL, considering
such charge beyond the pale OF reason.
In npassins upon the other points In the
motion, Judpe Taylor left no room for
any one to believe that he did not consid-
er that Maxwell is guilty.
"lf the jury placed any credence in the
testimony of the police officers, they could
do nothing else than find the Defendant
guilty. said the court. "The admissions
GERS covered the whole case, and II believed
and relied upon by the jury, they could
not do anything else than what they did
do.
AS to the points Of pregnancy of the de-
ceased girl, II Maxwell used instruments
on her he must have believed that she
was pregnant. The statements made by
the witness, Better, were so unreliable
and unreasonable that do otwonder the
jury placed no cerdence In his testimony,
Every point was taken up and passed
upon and the Court overruied tue motion
Tor new trial.
Prosecutor Bow at once moved that sem
tence be passed upon the prisoner.
"You may stand up, DOCTOR" said
Judge Taylor.
DIR. Maxwell arose and faced the court.
He was pale, much paler thar usual, ana
had rather sick, yellowisb hue, which
changed his appearance greatly, he was
informed by the court tnat he had been
convicted OF attempting TO procure
an .hN t-VN MI n
gravity OF the offepse.
"Have you anything to say why sem
tence should not now be passed upon
you 2n inquired Judge Taylor.
DIR. Maxwell bowed his head moment
and then said: "Nothing, except that
am innocent not guilty."
Judge Taylor that stated that in every
instance during the trial the defendant
had been given the benefit OF every doubt
or seeming doubt.
"I do not see,7 said Judge Taylor, "how
your counsel could have done more for
you. Youhave not only received the ben
eft OF every doubt during the trial, but
counsel, who have ieit no stone
uniurned which would assist your
case During the progress OF .our
trial, II has been my pleasure
To aid you In every way, consistent with
law and jus sice, but IL is nov my Gnplea..
ant duty 70 pass sentence upon YOU IL
ID indeed q tad duty 10 sentence 10 prison
IA your z man who has hau ,he advantages
oil q flue education and who comes from "a
splendid family. You have been con-
yrcts d and must now PERFORM my duty.
The statute provides that a person con-
victed of attempting 20 procure an abor-
ton stall be sentenced TO the peDiten-
tary for n period of not more than seven
years and not less than one year. 1t
IL tle sentence of the Court, therefore,
that youoe confined in the Ouio peniten-
,iary, at hsrd labor, but without solitary
for period OF four years.
You may sit down.
Mr. Ponerene at once filed motion to
take the case TO the Circuit court on error.
Judge Critchfield asked that the defend.
ant pe admitted 20 bail. There was some
controversy o to whe'h7r Judge Tavlor
had the right to suspend sentence pending
The hearing before the Circuit coprt, aud
law was quoted on thispoint. Judge Tay-
lor was or the opinion tnat this power lay
with the Circuit court alone, but stated
that be would decide upon the case at two
o'clock.