The Portland daily press., 1895-05-11

pared to go to trial now and thao sne
examination would not be waived. a u
other indication that County ATTORNEY
Emmons was ready to put IN eViaelee :
was the presence of large mum per ol
persons who had been called as WltIess-
es. Drs. Neal of Rochester, N. T., Den
netf OF Saco and Blagden OF Sanioru,
who made the post mortem examination,
| came in together. Mrs. Minnie Splnney,
| who was the dead woman's Intimate
| friend, was also present.
Judge Burbank was ready to proceed
atslO O'Clock. but the counsel in The case
went into consultation in all ante-fooin
and the spectators, who filled all the
available seats, waited and wondered
Among the interested persons present
were DR.. Bassford of Biddford, who was
a college class mate. sthe accused, and
DR.. J.D. Haley of Limerick, boyhood
FREUD of DR.. Plaisted
At five minutes to eleven, Mr.. Emmons
made his appearance and again retired,
this time accompanied by the three ply
slams, who made tne autopsy. Then
Higgins came in and he too called for
medical experts, retiring in company
with Drs. Bassford and Maybury. Final
| ly at five minutes after eleven, the coun-
sci came in and the case was called.
Judge Burbank called upon the prison.
er to plead to the charge of murder,
a low tone, but distinctly, Not guilty. !"
Then County Attorney Emmons said
that this was warrant charging muir
der, the allegation being that the VIC
tim's death was due to an abortion
caused oy the implements in the hands
OF DR.. Plaisted. 81 deemed it necessary
said Mr.. Enmons, to have a post NOR
TEN examination and the autopsy was
held on the daysof the funeral. It is only
within the last 10 minutes that tho re-
suit has been stated TO me bv the ply
sicians. From them learn that the au-
topsy disclosed a condition of things
which makes it absolutely impossible
to convict the respondent on this
charge. therefore move that the COM
| plaint be dismissed
Judge burbank accordingly dismissed
the complaint and DR.. Plaisted was, for
the time being, a free man. He was
warmly congratulated ly his friends
who were present and then went away
to dinner. While the doctor was eating
his dinner, County Attorney Emmons
was preparing new complaint. This
charges DR.. Plaisted with having per
| formed the abortion, but there is no al
| legation that it caused Mrs. Tibbett's 8
| death.
Immediately after the adjournment
Of the court, DIR. Neal asked for an in
| terview with the newspaper correspon-
dents. DR.. Neal denied with consider
able warmth that he had been in any
way instrumental in bringing these
charges against DR.. Plaisted. This
statement he..made with reference to re-
ports circulated in Springvale. the pur-
port OF which were that Dr.Neal had
prompJed the legal proceedings as the
result of some personal feeling on his
| part. DR.. Neal also wished to state
that he was the first man to give the
| oft iy,fA x,,
| the disclosures at the autopsy which had
| led TO the discharge of DR.. Plaisted on
the murder charge Mr.. Emmons, who
was present, confirmed DR.. Neal's state
| ments.
| Dr.Neal further stated that the autop-
| sy showed the presence of disease which
| might have caused tha death OF Mrs.
did expire. This disease might or
| might not have been the result of an
operation performed some months ago.
Whether such an operation had been
performed, DR.. Neal could not say.
| Dr. Neal was then asked if the autop-
| sy disclosed evidences of criminal
operation having been recently per-
to answer, but his refusal to reply
coupled with the fact that a charge Of
having performed such an operation
was to be made against DR.. Plaisted,
made is practically certain that the ply
| sicians believe they did find such evil
dences.
1t was shortly afterr2 o'clock in the af-
| ternoon, when the court again came in.
The amended complaint was handed to
Judge Burbank. and again, in the
same low tone, the respondent pleaded
not guilty. This complaint was made
by VIM. J. Sanborn. The penslty for pro-
curing an abortion is Imprisonment not
exceeding five years or fine not ex-
ceeding $1,000.
After consultation between the coun-
sci and Judge Burbank, the judge stated
that he would continue the case until
| Monday, May 20. The grand Jury will
meet during the week. and If they in
dict DR.. Paisted, the hearing in the Saco
court will not be necessary. Should
the grand jury fail to indiot, it will then
| be optional with the county attorney to
say there shall be hearing OF whether
the complaint shall be mol pressed.
AS the matter now stands DR.. Plaisted
has pleaded not guilty and has not
waived his right to hearing His
counsel were particular to state that
they did not want'to wave the exami-
nation as they were not willing to ad-
nit that there was ground for the find
ing of probable cause. The arraignment
leaves the case with each side retain
ing it's right and at the same time may
result in saving the county the expense
of an unnecessary investigation
While ia is not known just what the
line of defence will be if the case ever
goes to trial. it was stated today that
Mrs. Tihbetts had heen heard to say
that if she got into trouble she was
capable of getting out of it without as
sistance. Another report was that the
autopsy showed that there had been
recent operation, but that it had been
performed in way that no physician
would use. Another point that Will be
raised if the case is tried, is that the
so-called dying declaration was not
made when thes woman was in the fear
ofa Immediate death and would not,
therefore, be admissi bile.
DR.. PIaisted was admitted to bail in
the sum of $4,000, DR.. Fred Bragdon,
Hosea Willard and Dana S. Beacham,
all OF Sanford, being the sureties.