Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-10-03
LEE AND WRITTEN DISCHARGES

LEE AND WRITTEN DISCHARGES
Judge Callahan Discharges the Ac-
cused Doctors After the Final Argu- |
ments by Attorneys Case and Fox |
The Court Room n Scene OF wild Ex.
element when Judge Callahan
Makes known His Finding-Dr.Lee
Registers a Physician.
The final arguments in the now famous
ee-Whitteu murder trial were delivered
yesterday afternoon before Judge Gala
han in the city court chamber. The court
room was crowded to OVERLOOKING with
people DESTROYS of hearing Messrs. Fox and
Case cross swords in the final combat for
the discharge or conviction of the accused
doctors
The court opened promptly at O'Clock,
Mayor Sargent again taking his seat as an
interested spectator beside Judge Gala
han.
Attorney William O. Case made the first
argument in behalf of his client, DR.. Whit
ten. He said: "If your honor pieases,
since the evidence in the case is flushed,
| have given the case itself no time except
| no study by which I may be able to change
| the impression which 1 know the evidence
| has produced upon your honor's mind and
| which I know no words of mine could
| change. The question is whether DR.. G..
E. Written is guilty of the murder of Mar
garet Schloss or not. He reviewed the evil
dence briefly and proceeded:
The states case stands entirely upon the
| story of Cash, the admitted fact that Drs
Lee and Written examined her and did
| something to her in DR.. Whitten's Office,
and the admitted fact that DR.. Lee lied to
the coroner, the medical examiner and
some one else, l do not remember who.
Let us examine this story a little in de-
tail. First the story of Cash And who
is Cash2 He has stood here before and told
his own story. In the frat place he is a
liar. For he says he is a liar. In the Sec
ond place he Is q murderer, for
he came here to New Haven
with the avowed purpose of murder.
He is double murderer for he accom-
plished the murder of both mother and
child. Then he is a traitor, a name alb
horred among men. He is triple traitor
herself to his Shiny embrace. He betrayed
the friend who lent him the money to hslE
him out of his trouble. And then In or
der to cave his own worthless life he be
trayed the doctors, who had tried to aid
him. A necktie is good enough for such
a man. He should have a eeat by the
arbitrator Judas whose lineal descendant
he must be.
1t is said that DR.. Lee lied to the coroner
and medical examiner. After Maggie
Schloss had been taken to the Dayton
house she became rapidly worse, and Mon
day morning it became evident that sh'
1 Da1, Al n T
news to her. just think Of 1t, young
girl of seventeen confronted with the othe
world There are no cries of mercy TO
her own life. There are no re
proaohes for the snoring brHte b.
her side. She only implores tina
the doctor try to conceal the shame of he
death from her mother and from he
friends. 1 thank God we are touched will
some of the divine essence. Did DIR. LIE
do anything wrong to bind himself to thi
young girls promise and thus make he
dying pillow easier. think not. woul,
; do 1t, and think your honor would do II
} In the morning death came, and on 1t
heels the tireleSs officers of the law. b
} | tried to evade their questions. And ca
3 all honor is due to the man who put hi
honor, his reputation between this youn
| girls shame and the distracted home fror
| which she was torn.
The next evidence that the state offers
that DR.. Lse accepts an unwarrsntabl
. large fee of $3.50 This ia rather a delica,
7 thing for me as lawyer to speak of. BIT
he was accepting the contract of difficu
8 case that might take him he knew not no
long. So will pass this over.
There is a remarkable thing about tn
9 case. There have been certain doctor
with little notebooks in their hands scril
bling away here in court all through Il
3 trial. And when these experts were on Il
stand throwing down the glove to them an
Z vindicating the doctors who were on tria
one by one they closed up their little not
8 | books and vanished, to come back new
Il again forever. First Smith, and the ne:
day Lindslsy, and Medical Examiner VIII
= staid through the last day.
y And when the testimony of Drs. VOL
70 and WEIGH was over there was nothir
but silence, and silence means somethiI
10 sometimes. They had no reply to max
% I was forcibly reminded of parable
q | the Bible when q woman was taken in Il
g | very act and lot of Pharisees wanted
Is stone her to death. Then Christ, who
the very head and center of ell trut
- said let him who is himself guiltless ca
a the first stone. And 1t is recorded tn
x they vanished one by one. This case W
q stand on record as the most remsrkat
l TERMINATION OF evidence IN new maven al
in the state of Connecticut.
~ After q fve-minute recess City Attorn
8s Fox followed with the argument for t
II state.
10 If the court please hope you will thiI
IS of the grave responsibility which will
volve upon both yourself and me. fl
= that it ia not my duty to ask for the bin
10 ing over of these men unless l console
's tiously believed that they were guilty.
. ought to be the duty of the proseoutil
y officer to protect them as well as to co
q vict them. These are gentlemen wi
10 friends and families and they ought to
above the foul crime of murder. All th
have to do is to ask your honor If the
~ Is sufficient evidence to bind over the 6
.. cused to the higher court beyond who
voice there Is no appeal.
g. Your honor sits there as a justice of t
peace, and with no other power except
specially given by the city. This is a il
p tice's court and no more. Yet Mr.. Ash
r. has asked you to pass upon these me
.: whether guilty or not guilty, that the ca
u has been tried 30 fully here that your hon
was bound to pronounce him guilty or n
I. guilty. Now, what is probable eausel
(; is a suspicion, however slight, that the 6
:; cused is guilty of the offense or not.
Now the state claims that Maggie Schlo
I, left her home in Ansonia on the evenil
K of August 16 at $40 and arrived in NJ
,; Haven at 7:10. She bad always lived
!, home, doing the work for her poor O
"a father. And her mother testified that q
:; was sitting sewing at home cheerful al
8 singing that very afternoon, that Mage
r had always been well and healthy al
u never had a doctors prescription. TIL
the girls companion, who had been in b
company constantly, says that she went
,. the train with Maggie and that che new
appeared better or more cheerful. And b
n the defense brought in anyone to say tn
n she did not appear in the best of healt
II She could mos have been in this conditit
IS without the family and friends knowing
1t. Well, Cash and Maggie took Il
t. train. Cash bought the tickets, b
II he took different car from Maggie. 1
not attempt to defend Cash. But tn
~ were going on serious errand. Arrivil
+ in New Haven they were met at the dep
Y by this second Judss-Welf. They wa
- dered about the city, went to the bar