The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-21
TOLD IN THE FACE OF DEATH
Dying Declaration of Poor Ada
Faulkner
SIXTEEN MONTHS SUFFERING
Alleged the Operation Was Performed BY
Catherine G. Smith
District Attorney In Possession of the Docu.
ment, but In Doubt as to What
He viii Do With 1t
SIXTEEN MONTHS SUFFERING

Cold in death, lying in an unmarked
grave in the Santa Ana cemetery, repose
the mortal remains of Ada Faulkner. AZ
ter sixteen months of untold and indie
scribable suffering she passed into the
dark valley. But to Ada Faulkner it was
no dark valley. 1t was the greatest boon
She wanted to die.
Ada Faulkner died. victim of malprac-
tice. The criminal operation that was, it
is alleged, performed upon her in August
of 1894 by Catherine G. Smith caused her
to lie upon a bed of frightful suffering for
more than 500 days. Then the end that
she had so long prayed for, the rest and
peace eternal, came.
Twelve hours prior to her death Ada
Faulkner made dying declaration to At
torney James G. Scarborough of Santa
Ana. In that dying declaration she made
full and complete statement, charging
that q criminal operation was performed
upon her by Catherine G. Smith at the
Bellevue Lying-in hospital. near the corner
of Montreal street and Bellevue avenue, in
this city, on or about August 10, 1894.
This dying declaration was made by the
poor girl, she being fully aware of the fact
that she was about to pass to that "great
beyond, from whence no traveller return
eths" With great exactness and minute
detail she related every alleged act of the
Smith woman in performing the Grimm Il
operation upon her. She told all the cir
cumstances of her life at this woman's
place on Bellevue avenue.
This dying declaration of Ada Faulkner
was taken at the request of the district at
torney Of this county for the supposed pur-
s<NfS vuIvp to Ins
Smith. 1t was placed in the hands of the
3strict attorney on Tuesday last by James
q. Scarborough. who came from Santa
Ana to Los Angeles for the purpose of de-
livering to the proper parties this import
ant document. Whether or not this dying
declaration will be used for tie purpose
for which it was secured remains to be
seen.
Were it not for one fact. immaterial in
itself but most material from legal stand
point, Catherine G. Smith could be prose-
cuted for murder. If the victim had died
was performed she could be held OH
charge of murder. But as she died over
sixteen months thereafter, prosecution for
murder is barred by the common law,
which prescribes that IL death does not en-
sue within one year and one day after the
commission of the act from which death
results, there can be no prosecution of the
party on the charge of murder.
1t was not until Thursday of this week
that The HERALD learned that Ada Faulk-
ner had. before her demise, made a dying
declaration. The intelligence came in
roundabout way, but the authority was
good. A representative was at once dis
patched to Santa Ana to trace the matter
down.
District Attorney Ballard, of Orange
county, was interviewed at his residence in
Santa Ana. Mr.. Ballard stated that on
Friday, the 18th instant, he received a
telephone message from the District Attor-
ney OF Los Angeles county, requesting him
to secure the ante-mortem statement of
Ada Faulkner. Mr.. Ballard at once set
about to obtain the valuable paper. But
he was informed by DR.. Dryer, the physi-
clan attending the girl, that her condition
was so low, that 1t would be impossible to
have an interview with her, as the shock
would be too great for her to withstand.
District Attorney Ballard learned that
James Scarborough was known to Ada,
having transacted some legal business for
her, and he was informed that Mr.. Scar
borough was to take her dying declaration
and forward it to the district attorney of
Los Angeles county. On the 14th Mr..
declaration of the girl had been taken and
duly attested by . notary. This closed
his connection with the matter.
Attorney James G. Scarborough was seen
at his residence on Main street, Santa
Ana. Mr.. Scarborough was very loath to
talk upon the subject for obvious reasons.
He stated that 1t was true that he had
taken the dying declaration Of Ada Faulk
her and that he had turned it over to the
district attorney of Los Angeles county.
Mr.. Scarborough declined to state what
the contents of the affidavit were, as he
had taken them for another party and he
considered it violation of professional