The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-02-11
THE BRIEF PREPARED.
The Maxwell Case Now Ready for
the Supreme COmt.
An Extensive Document Setting
Forth the Defendanrs Position,
Prepared by His Attorneys-A Number
of Legal Points Raised and Alleged
Errors Of the Court Discussed.

As stated exclusively in the News DEM
ooRAT, the case of Ohio against Dr.. David
p. Maxwell goes to the supreme court.
Attorney Atlee Pomerene has been work.
ing hard on the case and has prepared an
extensive brief which is document that
reflects credit upon him. The brief is en-
tirely too lengthy to be published in full,
but the gist OF 1t Is given below. Itisnow
in the hands OF the printer and as soon as
possible The argument to get the case be-
fore the supreme court will be made.
An argument is made upon a motion to
quash the Indictment and also on demur.
rer to the indictment. Both raise
the question that the indictment
ia insufficient in that it does
not show what the woman was pregnant
with, and whether it was live foetus or
not.
The attorneys then give statement of
the case as claimed by the state, and also
as claimed by the defendant.
The document then goes into discus
sion of the weight which is to be attached
to admissions made 10 officers, and refers
to the different parts of tho record con-
tanning these admissions.
The history OF the case is then given at
Sandyville, and of her treatment and con-
duct while at Sandyville and Mineral
Point and at home. Also the history of
the case while Lille Bordner
was at DR.. Maxweli's Office aud at the
Gully residence, with view to showing
the materiality OF the conversations which
Lille Bordner had with various parties,
in which she said that she bad been taxi
ing medicine of all sorts for three weeks
prior to her coming to Canton, and that
she had been operated upon by travel
ing doctor prior to her coming to Canton.
This medicine II is claimed, was taken
by her, and the operation was performed
upon her for the purpose Of procuring
miscarriage.
1t is claimed that the trial court erred
by rejecting these conversations and the
position is taken that they were a
part of the res gesta come cted with the
case, and were therefore very material to
the defense. These conversations, IL ad-
mitted, all tended to corroborate the testi.
mony of DR.. Maxwell as to the condition
of the girl when she came to his office.
Numerous authorities are cited 10 main
tain this position.
Exceptions were also taken to the
courts refusal to make certain charges
and these are fully discussed. The de-
fendant in substance claims that the court
erred in refusing to give to the jury y state.
ment in his charge as to what the defense
in fact was. The defendant claims
that the court by the statements
which were made in the charge,
placed the defense upon an
entirely different basis from what it in
fact was. This brief closes by giving the
dissenting opinion of Judge Follett in full
in which he held that the common pleas
court erred in not admitting the testimony
above referred TO.
Scores of authority are referred to in
the document, and the argument before
the Supreme Court will be an extensive
one, IL the case is admitted. Prosecutor
Bow and his colleague Mr.. Welty are
preparing papers and will fight the case
every inch of the way to the end.