The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-07-23

Going to Press.
The trial Of DR.. David p. Maxwell, who
is charged with causing the death of Lille
Bordner, of Sandyville, by performing a
criminal operation on her, last December,
in the city Of Canton, was commenced
this morning at 1920.
Judge /. H. Taylor, of Carrollton, was
on the bench. DIR. Maxwell and his
brother, Rev. Maxwell, with their attor-
neys, L. j. Critch1eld, John S. Adair,
Chas. r. Miller and A. Pomerene, were at
one table.
The court room was crowded with spec
tators and witnesses, many ladies being
in attendance. 1t is evident the defense
intends to take advantage OF every law
that will in any way aid DR.. Maxwell. The
first fight was made when Prosecutor G..
c. Bow asked that Hon. John G. Welty be
appointed to assist the prosecutor. 1t
was a victory for the state, and the COM
pliment paid Mr.. Welty's ability by Judge
Critchfleld, must have been gratifying to
that gentleman.
Judge Critchfleld stated that the law
provided that an assistant could be APP
pointed when the public interest de-
manded it. He complimented the legal
ability of Prosecutor Bow, and said he
was elected to prosecute all cases. He
continued saying it effected them whether
the regular officers were to try the case or
IL superior outside ability was TO be
brought in. 1t might prevent the defend
ant from having fair trial. Persons
skilled in criminal practice would have
undue influence. This is a newspaper
case with an anonymous editor and we do
not want an anonymous lawyer. We de-
sire it shown that the prosecuting attor-
ney is present, in good health and ready
to take charge of the case. We object to
the appointment.
Prosecutor Bow arose and stated that
he was present and in good health, but
that the arrest was made and the case
commenced sometime before he took his
office as prosecutor and consequently Mr..
Welty was familiar with the facts and the
testimony. This case is rather rare one
and its nature is much more rare than
| capital cases, in which an objection is
never made to the appointing Of an as.
sistant.
Judge Taylor said that in his opinion il
was entirely proper to have an assistant
and consequently appointed John c.
Welty, and overruled the objection made
by the defense. An exception was taken
by Judge Critchfeld. Mr.. and Mrs. Aaron
BorClner had seats beside Prosecutor Bow
and Mr.. Welty.
THE JURY CALLED.
The following jurors were called: M
A. Dreisbach, Alliance; Martin Seacrist
Alliance; Patrick Scanlon, Alliance; Wm
H. Hoover, New Berlin, not present; Sam
uel Scheetz, New Berlin; o. P. Shanafelt
New Berlin; John Lilly, Greentown
George Meyer, Uniontown; Joseph Reed
Canton; Frank Shepley, Massillon; Josiah
Clutz, Massillon; George Sheer, Massil-
lon; Franklin Mckinney, Canton.
Prosecutor Bow then stated to the jur,
that the case of the State against d. P
Maxwell, who is charged with attempting
to procure an abortion, from which at,
tempt death resulted, was about to bt
tried. He desired to know if any of tn,
jurors had formed or expressed an opin
| ion.
Joseph Reed, of Canton, stated that h,
had expressed an opinion. He was sworI
by Clerk Coxen and examined by Judg,
Taylor. He testified as follows: NJ reside
north of the city. have formed an opin
ion from the testimony before the Corone
and at the preliminary examination.
was not present at either eXami
nations but have read the testi
mony of both and thus formed al
opinion. do not thing could render
fair and impartial verdict after hearing
all the testimony.
Mr.. Reed was excused and John Boher
ker, of Alliance, called.
Frank Shepley, of Massillon, had ais
formed an opinion. He said he was doinI
night police duty in Massillon. Judg
Taylor said that would not be an excuse
but examined him regarding the opinion
formed and expressed. Mr.. Shepley sal,
he had resided in Massillon A years, an,
had formed an opinion from reading &C
counts of the Coroner's investigation il
the papers. He did not think he coul
render an impartial verdict.
Mr.. Shepley was excused and A. L. Nc
Donald, of Alliance, called.
George Meyer, of Uniontown, employs
by the Repository, said he had formed a
opinion. The opinion was formed b
reading the newspaper accounts ard froI
his knowledge of the case. He had nc
been present at either Of the previous ez
aminations and could not render an in
partial verdict.
Judge Critchheld explained that ma
could be juror even if he had read tn
newspapers, il he could render an impair
tial verdict after hearing all of the test
mony. He didn't think that any INTEL
gent man would form wrong opinio
from hearing one side of the case.
Judge Taylor then asked Mr.. Meyer
he could render an impartial verdict aftt
hearing all the testimony, and that ger
tleman answered "no.n
Prosecutor Bow then challenged hil
for cause, and the challenge was sustain
ed. Elmer Shultz of Alliance was calle
and took his place in the jury box.
o. p. Shanafelt Of New Berlin said