Morning journal and courier., 1893-09-28
THE EVIDENCE ALL IN.

THE EVIDENCE ALL IN.
The Defense in the Lee.Whitten mur.
der Trial Rested-The Arguments to
BE Made Saturday-Dr. Welch's Tes-
tlmony-Young Cash On the Stand.
The Lee Written murder trial was re-
sumed at 1850 o'clock yesterday morning,
and by noon the taking of evidence was
completed. The arguments will be made
next Saturday morning.
Mr.. Case called on the first witness, DR..
W. O. WEIGH, but before he began his tes- |
timony Mr.. Fox arose and asked that Dr.
Wolff be allowed to take the witness stand
for the purpose of identifying the box OF
slides he gave to Medical Examiner White
Tuesday morning for examination. Mr..
Case said he was willing to state that
those was the slides from whioh the plates
offered in evidence by the defense had been
taken.
Mr.. Fox wanted DR.. Wolff to identify
them, so he took the stand a moment and
was handed the box of slides. Upon open
| ing them he started with surprise and
stated with some positiveness, ''rhere are
| only Ave slides here. brought down SIX"
Mr.. Case remarked, "Put detective on
the case and let's go on with the trial."
DR.. Wolff-Those slides were prepared
by me, but am sure I brought down six,
| Medical Examiner White, who was Sit
ting close to the witness stand when DR..
| Wolff stated that one Of tho slides was
missing, spoke up and said: 'sThsre were
| only five given to me-"
Tho slides were marked exhibit O, and
the matter dropped.
DR.. W. 9. WEIGH Of this city, was called
to the stand by Mr.. Case. The doctor said
he had practiced at Norfolk, Ansonia and
New Haven, the latter place three and one
half years. He was educated at Yale.
In reply to hypothetical question COW
ering the essential part of the condition of
Maggie Schloss the doctor said that he WAS
positive a female in the conditinn tbs de-
ceased is said to have been when she en-
tered the Office of DR.. Written would be
suffering from an aborting process.
He said that If such case came to him
he should consider it his professional duty
to at once try to remove tbs Gauss of the
trouble, thst course being n. cesssry to
save life. DR.. White stated that he had
attended over 1000 cases of childbirths
and WAS therefore familiar with such line
| of practice The doctor added that In his
opinion = patient in the condition de.
scribed as being that Of Maggie Schloss
might have been walking about the street
as she did and still be rapidly Nearing the
point where death would result from blood
poisoning.
In the course of his testimony Dr. Welch
| said: From the evidence I have heard
here il this CASE 1 am positive that sep
ticem;Gs had est in that night, and that wher
she was walking about the streets on the
night of August Is her death warrant va;
signed" He alao gave his reasons fol
stating that 1t was perfectly consistent
with the case that the girl appeared in
good spirits when she was last seen by bel
family and was able to come to this city
and walk about as she did bsfore visiting
DR.. Whitten's Office.
In reference to the treatment of the CIR
, DR.. Weloh stated that he would have dons
, just about what was done.
II have treated many similar cases." sale
DR.. Welch, land tremble now to thinl
, of what have done, in view Of the presen
case. It IL a very serious matter for
physician to try and save life in such case
= | If he stands in danger of being charge,
{ with murder If the patient dies"
Mr.. FOx's CROSS examination of DR.. Welcl
| was brief. The first question he aske'
| was: doctor, you think it very seriou
t | matter, do you, to prevent doctors frou
: performing abortions?"
a DR.. Welch-Yes, do. I'm frank to ga
Z so, too.
o Mr.. Fox-What do you mean by thai
doctor9
!. DR.. Welch-Simply that reputable ply
!. sician who would only perform an abortio
= to save life is liable to bs charged wit
;. murder If he does so.
q The remainder of the cross examinatio
n waa in part as follows:
= 'Do you think the treatment of this gil
WAS necessary to cave her lifes'
vi 81 do sir, most emphatically."
"Is 1t your opinion that the abortio
81 should say by drugs"
The doctor then gave the names of So
eral drugs that ore used in producing Il
results required.
eff this girl had taken any of these dru
before she went to Dr. Whitten's off
wouldn't she have shown signs of haviT
taken them7'
"Not necessarily. I think she won
have taken all precautions against disclo
ing it, and she could have done it."
Mr.. Fox then asked the witness If b
cancellations were based on the hypothetic
question, bat he sad no, that he h'
reached bis views long before he ev
heard the question. Mr. Fox then ask
the witness about the treatment given I,
girl, anu Tue WlLncE6 S6!u GQdG Jus ca
given her WAS perfectly proper.
At this point the two attorneys for b
defence said that they rested the case. 7
defense then stated that they should a
for some time between the end of the O.
deace and the arguments as they wish
to read up the testimony. After re ,e
of five minutes, the state began the
buttal.
The first witness put on the stand "
Cash. When asked If there was apythi
he wished to change, Cash started in
change his story in reference to Wolf, b
was cut off by Mr. Case.
that he, Cash, gave the girl medicine q
testified that DR.. Written strapped
girl down. DR.. Lee also threatened
a. stuff pillow in her mouth If she did,
shut up, and was constantly swearing
~ her. never told Wolf or DR.. Whit
- that had been giving her pills. Msga
r. was not sick and tagging behind when '
went to the Office.
Mrs. Cls:k of the Dayton house was tn
called.
"Mrs. Clark, did Maggie scqloss have
this garment when she came to the hote
inquired Mr.. Fox, holding up the garme
in question.
eyes, sir"
IL Mr.. Shannon, who ia said to have thre,
= ened Wolf with arrest, was subponae
but as he was not present 1t was passed
- as of little Importance.
eve rest" answered Mr.. Fox. ais
nx time for arguments, If you wish
argue"
AS Mr.. Case could not De on hand un
Saturday an adjournment was taken
] that day for the arguments.
The Site for the New High School.
The papers transferring the Beloff pre-
erty on York square to the school distr
were filed in the town clerks oface vest,
, day. The proposed new high school "
- be erected on this property.
The demolition of the Fitch residence
Broadway is about completed. Nothi
remains but the foundations.
German-American Cleveland Club
A regular meeting of the German-Am,
lean Cleveland club will be held at /
Grown street Sunday afternoon. At Il
meeting German will be nominated
election to one of the boards of comm
sioners.