The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-07-30
THE MAXWELL CASE
CONTINUED FROM PAGE 2.
l asked IL she did not die from the ef.


1 asked IL she did not die from the eff
fects of an operation and he said "no,n
He then admitted that he had operated
on her with. an ordinary instrument,
such as ali the doctors have. He said II
was not the operation that caused her
death but her taking cold.
asked him IL he did not know he was
committing an offense, and he said he
did, but that she took In so that he felt
sorry for her.
CROSS EXAMINATION.
Officer Slagle was cross examined by
Judge Critchheld. DR.. Maxwell told me
that he had operated twice on the Qirl.
Marshal Gentry did not tell me to go and
pump DIR. Maxwell. lam positive that be
did not. He asked me to come over and
sit down. / made some notes but have
since lost them. We always try to get all
we can out Of people when they are ar
rested.
Judge Critchfleld then wanted TO know
when arrested and then testified against
the poor fellows when they came up for
trial. Mr.. Welty said the poor fellows
ought to be convicted III they are guilty.
There was little side play between the
lawyers, and Mr.. Slagle continued bis tes-
timony.
l got what instruments DR.. Maxwell
gave me. He did not tell me an operation
had been performed on this girl before
she came to him, and that he was treat
Ing her. / commenced the conversation
with the idea that he had performed an
operation and quit the conversation with
the same idea.
LOU BLAKE
testified that he was the Mayors clerk
He identified q paper shown him by Mr..
Bow. He said IL had beer given to him by
n. Il ua n N
evidence and reads as follows:
CANTON, Nov. "a, 1880.
Due DIR. Maxwell $40 for value received.
G. SCHoTT.
GEORGE W. JACOBS
was then called and testified: / am a
police officer and live in Canton. Have
been policeman for four years. know
DR.. Maxwell. saw him on December Z
last, at his office about 2 o'clock in the af-
ternoon. Mr.. Nc Murray was with me.
asked IL he had heard anything about
a young lady named Bordner being hurt
in a runaway and dying. He said he had
not.
1 asked II he had treated her and he
said he bad not.
asked If he took her body to Sandyville
Saturday night and he said he did not.
asked where he had been Saturday
night, and he said he had been out to see
his patients. ] asked him whore he had
been, and he said he had been to mum
ber of different places: He named
Mackey as the place he visited and
located her in three different streets.
/ asked him IL he did not hire double
rig, and take that girls body home last
night and tell her parents that she had
been hurtin runaway. de said ne did
not.
asked HIM what he was doing with the
double rig Saturday night, and he said he
did not have one.
/ saw him again Monday and he said
the girl would have been all right IL she
had listened to him and gone home, In
stead of running up town and taking cold.
Mr.Jacobs then told OF a trip made to
the Gully residence and the examination
of he bed clothing. The e,iIand mattress 81, Was
Jacobs. 1t was then offered In evidence.
The question of admitting the answer
of Officer j. S. Harding was then argued
at some length. 1t will be remembered
that on Friday the question was asked
Officer Harding il DR.. Maxwell had told
him how many abortions he had per-
formed, An objection was made by the
defense.
This morning Mr.. Welty argued the
point for the State. He suggested that
The jury retire as he said it would be hard
to argue without stating what the answer
would be. The court held
tuib WOulu uOt Oo uccSosoist ohN 80 VS.
fully aware of the nature OF the answer
that would be made. The argument OF
Mr.. Welty was telling one. he went
into the details and cited authority after
authority, holding that all OF conversa-
ton must be given. MIR. Welty held that
the answer to the question would thoW
light on this crime as well as others.
Judge Critchfteld answered on behalf
of the defendant. He held that 1t would
be improper to allow the answer to 60 TO
the jury. He made strong argument
and cited dseveralauthorities.
Judge Taylor held the answer was not
proper, thus sustaining the objection
made by the defense. The Judge went
nto the case at some length in giving his
decision. The decision Is complete
victory for the defendant.
Two hours was consumed in the argu.
ments, and il was IL o'clock when the trial
proper was resumed.
Mr.. Welty continued the examination
OF /. S. Harding, who gave the following
testimony: DR.. Maxwell said he used
instruments upon LAliie Bordner.
He fnrther said that he thought someone
else had operated on her before.
Judge Critchfield asked the witness
what DIR. Maxwell stated. He said "Lillie
Bordner was the FIST one that, y
This was to much Tor Judge Critchfield
and he quickly Withdrew the question as
he did not care to have the answer 60 be-
fore the jury.
THE QUESTION NOT ANSWERED.
The following is the answer of Officer
Harding which was not allowed to 90 to