The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-11-20
Judge Gould Finds Probable Cause ana
Binds the Defendant Over.
The Full Text of Judge Gould's Decree
DR.. Hughes Accepts the Situation
Impassively.

to await the action of tho grand jury in
January. he turned TO Judge Symonds and
| asked question, to which the Judge shook
his head. This is the text of Judge Gould s
decisions:
The charge upon which this respondent is
before this court is murder, and is an
offense beyond the jurisdiction of this court
| to punish.
The statutes in cases of this nature that,
''if it appears that an offense has been COM
| mitted, and that there is probable cause to
charge the accused with the commission OF
| it, he shall be held to await a trial.
1t therefore becomes necessary in this
case for the government to establish two
| facts:
l..-That the offense charged in the COM
plant has been committed and
THAT there is probable cause to 81 charge re
offense proved to have been committed.
The burden is upon the government to
establish these propositions. Has it sus-
tanned that burden' Probable cause has
| been defined as, "a reasonable ground for
believing person guilty. such reason and
such c:rc umstances as would be satisfactory
| and convincing to a right reason" Such
| state of facts and circumstances as would
| induce men of ordinary prudence and con-
| science to believe the charge to be true.
With these definitions in mind let Us ex-
anime the evidence. taking only that which
| is material, and very largely that about
which there is no material dispute, entirely
excluding all evidence connected with the
dying declaration"
Mary Dunn is dead. Arriving in this city,
apparently in the full vigor and strength
NJ youth in one short week she lies dead.
The cause of death is poisoning ensuing
during an abortion" AS the statutes pro-
vide that when death ensues as the result
OF the preparation OF crime amounting 10
a felony. it is murder, these facts alone
would establish the commission OF the
ofense, but DR.. Thompson testified that he
was unable to say, whether this ABORTION
was procured or natural" SO that 1t be-
comes necessary to estaollsh the Iact tha1
the abortion was procured before the
ofense is established.
Now the facts in this case, as they must
and do in most criminal cases OF thls
nature. necessary to prove both the propo-
sitions in this case. are the same OF lun III
such parallel lines as to be Incapable OF
severance.
The evidence shows that mary Dunn
arrlXed In ibis city OCTOBER ooth OF olst
that. although unmarried sne reared lhat
she was IN louble, and on the arrival OF
Monahan, on November 3d, she tod MIN OF
her fears and requested his assistance IN
procuring the aoVlce OF physician. Az her
request ne went ana Iouno physiciah,
made arrangements Tor her TO meet num-
took her to his once door ana went MS
way. Later on that same SATURDAY AFTER
noon. Monahan again saw her at the hotel'
where. as ne testlnes, mary lolo MIN thae
the physician whom she had just eohsuiteu
had confirmed her 1ears' ana at ner request
he went to the once OF the 'responoeht anu
made arrangements 1or heI 10 Vlsit MN.
That she did visit this respondent at tnls
fateful time twice there can d. no DOUBT.
Monahan test1hes that she le1t inc motel
Saturday to go there. That sunday AFTER
noon hs saw her coming from there, that In
his interview with therespondent on the
following Monday forenoon The respondent
admitted that she had been there Saturday
and Sunday. The respondent hlmseH ao-
mitted this to the marshal after MS arrest
and he recognized Monahan When vlsiteo at
the jail. What occurred In that ONCE upon
those two visits was known to but two per-
sons: Mary Dunn whose ups aie seaieo IL
that sleep that knows no waking' anu 'his
respondent. who is silent
We must, therefore, look to other evidence
for light. What was her purpose IN going 10
this ONCE. she had, on Ibis same AFTERNOON
consulted physician ana hao nad her
worst fears as to hersef connrmeo. LA
she go there for another consultation, 10
make assurance doubly suref HAD she ols-
covered some new bodily a1lment!
The respondent tells Inc InaIsnai 'nae'
upon her visit to him Saturday. ne gave
her two compound cathartlc pills anu
upon Sunday five more Monahan testi-
fes that upon the following MONDAY, alter
he had found Mary Dunn SICK ana at her
request had gone TO the once Oh tne re-
spondent ana told MN that she hao oeen
very SICK. she haa awful palms, anu askeo
now long the lalns would last. Inc re,
sponoent rephea that she khe" 'erseil al
ABOUT IL, anu "hat was III heI "ouio ounio
out ana she "ouIo oe All rIght. e-a.
prooaoiy she "ouio nave pains lew aaSs.
And he further testlneo tnat ne saiu TO the
respondent. wanted 10 know II ne nao
given her anything that would FAKE ner