The morning call., 1893-10-13
BAIL FOR WEST.
j. n. E. Wilson Makes
His Application.
WEST AN EAGER LISTENER.
Contended That Absence of Intent
Takes the Case Out of Murder
i'm the First Degree.

A large crowd of the curious filled Judge
SeawelPs courtroom yesterday afternoon
when Eugene f. West appeared. by virtue
of a writ of habeas corpus. to demand of
the court that ne be admitted to bail pend
ing his trial for the murder Of Addie +.
Glmour
West was attended, as usual. by his
spouse, and sat attentlyely listening to the
whole proceeding. while his counsel. j. n.
E. Wilson. made an appeal on his behalf.
District Attorney Barnes and Assistant
District Attorney Hinkle represented the
people.
Mr.. Wilson stated that the prosecution
in this case only sought to establish cne
thing, namely, that DR.. Eugene +. West
murdered Addie r. Gilmour by means of a
criminal operation. There was no sug-
gestion of motive or malice, simply the
bare charge that Miss Gilmour came to her
death at DR.. Vests hands. The counsel
asked the District Attorney to admit that
in order to save time.
Il am not prepared to admit anything" !"
was Mr. Barnes brief reply.
Very well" said Mr.. Wilson, then L
shall have to read the evidence as taken in
the Police Court"
lie then proceeded to instruct the court
as to the main points of the evidence.
Miss Glmour went again to DR.. West, ]"
said Wilson, ''and he told her that while
her trouble had been removed. there was
still occasion left for the use of simple
prescription. Suddenly she died at DR..
Vests house, presumably from an opera
tinn performed by some one else. DR..
West became frightened lest her death
should be laid at his door, and instead of
acting as he should have done and inform
ing the authorities of Miss GilmouTs
death, he gave the body away to two
medical students. That was the last he
saw of Miss Gilmour.
"The fact is that Miss Gilmour went to
DR.. Vests house ana asked to be allowed
to stay there. as she had no place 10 60
There is no evidence whatever that West
committed any operation upon the unfor-
tunate girl. The real and only evidence in
the case is that of Plymire, which tends to
show that some other doctor performed
the operation upon her and that she after
ward consulted DR.. West to make sure that
the operation had been successful"
In any case the counsel maintained that
the case before the court could OF possibly
be one Of murder of the first degree. At
the very worst the crime could only be
one of murder in the second degree. On
that account there could be no possible OBJ
lection TO admitting DR.. West to bail.
District Attorney Barnes replied in a
very brief speech. He quoted two cele-
brated cases from the criminal records,
those of Curtis and Professor Webster,
! and by analogy sought 20 show that DIR.
Vests case was one in which there was a
strong presumption in favor of murder of
| the first degree. The simple fact was
that Addie L. Gilmour was last seen in
DR.. Vests house. There she was spoken
to BY several persons. The next that was
| seen of the unfortunate girl was when her
| ino oh N n nH
DR.. West. two days before he was arrested,
/ told May Howard that something had hap
pened to Miss Gilmour. and that she must
tell story relating to having met the girl
on the Oakland boat. Miss Howard did
so, and afterward confessed that the story
was a lie.
ut is time" said Mr.. Barnes, shat the
State got some hold on men like this.
Look at DR.. de Haven. He was admitted to
bail in the sum OF $4,000. What did he
do? He put up the money and at once
disappeared. Now. In the interests of
| justice let us keep this man where we can
| ind him. For, when | see such man as
! this coming into court charged with a
| heinous crime. and asking to be released
on bail. | begin to wish there were no such
a thing as habeas corpus"
Mr.. Wilson made another earnest speech
| in reply to the District Attorney. He
| claimed that DIR. Vests case was not anal
tive of the people, in that there was no
motive to kill in this case. And, besides.
| the law presumed every man to he innn-
cent until proven guilty, and DR.. Vests
side of the case had not been heard. The
court would err greatly in prejudgng any
man.
Mr. Hnkle supplemented the District
! Attorneys speech with few words. and
the matter was submitted. Judge Seawell
promised to give n office to all parties whep
| he was ready to decide the application.