The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-08-06

that what he said and done in and abou
| notifying her parents of her death, anC
taking her body home, was i'm accordance
with the request made by her q short time
before her death he says that he simply
| treated her as physician; that some one
else had operated upon or attempted to
operate upon her before she came TO bis
otftce, and he denies that he ever at any
time or place used any instrument or in
struments upon her for the purpose or
with the intent to procure an abortion
and he denies that she was pregnant al
the time she came to consult him. II this
claim OF the defendant is true, he is not
guilty. To ascertain and determine what
| the truth is, you must look to all the testi-
mony in the case, and TO all the facts and
circumstances as shown by the testimony.
Much testimony has been introduced by
the State and by the defendant during the
progress OF this lengthy trial, bearing
upon their respective claims, and / do not
desire TO comment upon II, but must leave
the weight and credit 10 be given to 1t, to
you alone.
In the light Of all the testimony, what
do you say2 Was Lille Bordner preR-
nant when she came to the office of the
defendant, as claimed by the State
What was her health and condition then,
as shown by the testimony? Did the de.
fendant use an instrument or instruments
upon her with the intent to produce her
miscarriage? Did she die in consequence
thereof? Or was any such operation per.
formed upon her, and il so, was II per-
formed by some one else? ? Where was
she at the time when it is claimed by the
defendant that another person performed
an operation upon her? Had an opera
ton or attempted operation been per-
formed upon her by some one else, at any
time before she went to the defendant or
TO the Office OF the defendant? Weigh all
the testimony in the case in the light of the
conduct OF said Lille Bordner and of the
defendant, and in the light of all the facts
and circumstances in the case as shown
by the evidence, and IL you find from the
evidence that the defendant at or about
the time named in the Indictment, used a
certain instrument or instruments in and
upon the body and womb Of the said Lille
Bordner, she, the said Lille Bordner being
then snd there pregnant woman, with
the intent then and there and thereby to
produce miscarriage of the said Lille
Bordner, and that the said miscarriage
was not then and there necessary 10 pre-
serve the life OF the said Lille Bordner,
and that the said Lille Bordner died in
consequence thereof, then the defendant
would be guilty. But have said, the bur-
den is upon the State to prove ali this be-
yond q reasonable doubt. You must
determine the questions presented
to you in this case, from the
evidence introduced on the trial
and detailed before you by the wit
nesses, and from all the facts and circum-
stances in the case as shown by the evil
dence introduced, and not from the pub.
lished reports of the evidence. During
the progress OF the trial the State offered
certain evidence which was excluded by
the court, and the defendant also offered
certain evidence which was excluded by
the court; afterwards what puported to
be this excluded evidence was published
IN, AhA Ill
If such published reports have :
come to your knowledge dur
ing the progress of the trial, you
should wholly disregard them. You must
avoid them and arrive at your conclu-
sions from the evidence produced before
you. Considerable of the evidence intro
duced is what is called expert testimony;
you are not to take for granted that the
statements contained in the hypothetical
questions which have been propounded to
the witnesses, are true; on the contrary
you are to carefully scrutinize the evidence
and from that determine wheter or not
any OF the averments are true, and what,
IL any, are untrue.
Should you find from the evidence that
some of the material statements therein
contained are not correct, and they are
of such a character as to entirely destroy
the reliability of the opinions based upon
the hypothesis stated, you may attach
little or no weight to the opinions based
thereon, as you may determine; but
should you find from the evidence that
all the material statements. contained in
the hypothetical questions, are true, you
may attach greater weight TO the opin-
ions based thereon. You are TO determine
from the evidence what the real facts are
and whether they are correctly or not
stated in the hypothetical question, or
questions.
need hardly remind you, for il will sug-
gest itself to your own minds, that an
opinion based upon an hypothesis wholly
incorrectly assumed or incorrect in its
material facts, and to much an extent as to
impair the value OF the opinion, is of little
or no weight; but an opinion based upon
an hypothesis correctly assumed, and cor.
rect II its material facts, Is of such greater
weight. Upon matter stated la these
hypothetical questions and which are in
volved lin this investigation, you are to
sonable doubt, if any there should be, and
where there Is a reasonable doubt as TO
the truth Of any one of the material facts
stated, resolve 1t in the defendants
favor.
The balance of Judge TayIor's charge
will appear next week.
THOSE CONNECTED WITH THE CASE.
MUCH CESuis 10 uuS tO tue httOrueyb IN
the case. Every point has been closely
watched and neither the interest of the
State or the defendant has been allowed
to suffer. Messrs. Bow and Welty have
done all in their power to secure convic-
ton and have conducted the case in an
able, fair and upright manner. Messrs.
Critchfeld, Pomerene and Adair have
labored faithfully to make out the best
case possible for the defense,
Judge Taylor has been very fair in all of
his decisions and is entitled TO credit for
the able manner in which he has con-
Quoted the trial.
Sheriff Krider and his assistants and
Bailiff Shively have done all in their
power to preserve order and have sue
ceeded in marked degree. The young
lady stenographers have had a disagreea-
BILE job, but have performed their work to
the entire satisfaction OF all concerned,
while Clerk Coxen and Deputy Oberly
have been very busy swearing witnesses
and attending TO other business connected
with the Office.
The jury has patiently listened TO the
testimony, arguments and charge of the
judge.