St. Paul daily globe., 1893-02-28
ne Case Is Now in the Hands
Of the Twelve True
Men.
A Hot Roast Given the Doc
tor in the County Attor-
ney's Address.
Cocky Mr.. Burns De clines to
Certify the Abated AS
Se5sments.
What It Would Cost to Prop
eply Repave East Third
Street.

The personal liberty and professional
reputation of DR.. Thomas j. Pearce are
in the hands of jury of his peers. as
are also the dignity and majesty of the
law which he is alleged to have Offend
ed by committing criminal operation
on Helen Clayton, causing her death.
lust before last Christmas. The trial
was concluded and the jury retired to
their consultation room few minutes
before o'clock last evening. At mid
night no verdict was reached, and, II an
agreement has been reached since then,lt
will be made public at the meeting OF
court at 10 o'clock this morning. The
morning session was taken up yester-
day with the introduction of evidence.
but nothing new was adduced. 1t was
a surprise to many spectators that DR..
Pearce did not go on the witness stand
in his own defense. The law prob iblts
| any comment in the court room Oh the
I fact that the prisoner does not avail
himself of the opportunity to tell his
side of the story, and nothing was said
directly by the county attorney on this
subject in his able summing up to the
| jury The county attorney, how
ever, was very severe in his
reference to the defendant. and
at times addressed himsely direct
| ly to DR.. Pearce with extended finger
while hurting strings of the most
sctorching invectiVe at him. During
his address the county attorney declared
| that he had been unable at any time,
even the present, to know what de-
! Tense was to be made. He declared
that the defense had had days rest
after hearing the states evidence,
day of peace and quiet with an oppor-
tunity to pray Tor a defendant that
needed praying for. Nov in summing
up" said the county attorney, II Won
der how in Gods name the defense will
explain away the testimony of witnesses
| living and dead?"
The county attorney exclaimed, 'Who
used this catheter?" and, answering his
own question, said: "a man who hung
! out shingle and maintained an office
for nine years. We don't know whether
he was doctor, horse doctor or butcher"
Turning to DR.. Pearce, he said: "Who
has said that it was proper to plunge
this catheter into the body Of Helen
| CLAYTON? To take her into an inner
office, lock the door, place her OH a
table, deprive her of her senses and
butcher her in the most damnable man
ner Who will excuse the weak
husband. | will not. There may be
mercy enough in heaven to pardon
him for the crime he consented to and
to forgive the woman who repented on
her death-bed, but what excuse is there
for that man." pointing to the defend
ant =? "He did it for paltry $50, and
sits here with Scornful face with no evil
dence of repentance. In all other
jurisdiction he would not be permitted
to live. We have been compelled to sit
here for a week in his presence. L be-
lieve he should be sent to solitary con-
fnement until he shall become repent
ant" The county attorney spoke for
an hour and frequently characterized
the defendant in severe terms.
j. j. McCatferty addressed the jury
Oh behalf of the defense for little over
an hour. He apoogized for being Sc
lected to make the closing address, and
said he had hoped that Mir. Brown
would have performed tnat function.
Mr.. McCatferty criticised the course OF
the county attorney in being so severe
in his denunciatiOnS, and then proceed
ed to a discussion to show that the
crime had not been proven. He also re-
ferred to Mr.. Clayton in strong language
as being an acComplice, whose story
should be disregarded fo1 the reason
that he was participant in the crime.
Judge Kelly's charge was very fail
one and undoubtea' y very able one.
Among other things he told the jury
that the story of an accomplice must
not be regarded unless it is supported
by other testimony, but he added thai
his refusal to dismiss the case was Oh
the theory that the story OF Stephen
Douglass Clayton had been corroborat
ed, and that however Clayton or his
wife were the evidence of Clayton is
before the jury. The court also de
cIared that it had been clearly proven
that the woman is dead, and her deatf
was caused by blood poisoning induced
by the abortion.