The Portland daily press., 1895-01-16
NOT GUILTY,
1t Is Not Extreme Cruelty Said the
Jury.

|
ers Eloquently Described.
Tuesday forenoon in the Superior court
the famous red liniment case, wherein
DR.. Ebeu Maxwell is the defendant, came
up for trial.
Hon. B. f. Hamilton, of Biddeford, and
Fred II COBB, of this city, appeared AS
| his counsel.
Assistant County Attorney Webb
opened for the government, and related
briefly the facts of the case that will APP
pear further on in the testimony.
James E. Kennard, who has charge of
| the CITY stables on Hanover street, testi-
fed as to the sickness of the horse, and
| the ealing of DR.. Maxwell. When he ar
rived the horse was lying in the stall
| showing Indication Of pain in its bowels,
Maxwell poured from bottle of lini.
ment into the horses ear, without max
ing any previous examination. The horse
shook it's head as if in pain. Witness
and Street Commissioner Staples used
bags of hay to save the horse from in
jury while thrashing its head.
Frank W. Daley, driver of the horse
| testified to much the same effect.
Street Commissioner Staples testified
as to his presence at the stable at about
2sp.m. The horse was lying in the stalls
and thrashing about very hard; it's head
would come down on the 1oor.and shake
the barn. They protected him with bags
of hay. Maxwell was there. The first
thing he did in witnesses presence was
to pour LIQUID on the horses belly.
Then he put a powder onsthe horses
tongue. Witness asked what it was.
Maxwell replied that it was good thing
and had saved his life or somebody s
life. Then he felt the horses pulse, etc.
Witness said to him THAI he had hum
plugged and fooled round there, and told
him he'd better go. He'd.got enough OF
him. Then he sent for DR.. Lord.
Cross examined by Mr.. Hamilton: The
horse was thrashing about the stall. 1t
was lying on it's side. 1t would roll its
self up on it's belly and then bring its
! head down on the floor. This continued
for half hour.
The horse was in intense pain. Witness
never saw horse thrash it's head so.
He had no doubt that Maxwell was do
ing ss we'll as he could. .
Didn't he stop his sweating after the
| doctor in gave him a POWDER"
ayes. he stopped breathing too,
| Qaughter).
AZ mean Immediately after the doctor,
acts?"
mo, he did not stop sweating them"
Mr.. B. c. Miles, constable of Portland
called upon Maxwell the 18th day of De
Gem Der, and asked if he had anything
good for the rheumatism. He sold hin
bottle of red IMMINENT, and Miles
placed HIM under arrest for pouring the
| liniment in the horses ear. The llnl
ment was produced in court.
The proper treatment FOL
horse suffering from inflammation
of the bowels would be the use of no
baths, hypodermic injection Of NOR
phine, the use of stimulants, etc.
There is no passage by which fuit
poured into the ear could reach the bow
els.
|
| Eminent and said he should say Their,
was chloroform in it. If an ounce o
chloroform i'll a quart of water was ad
ministered, it would raise a blister. L
is SO used to blister the mucous mem
brane. 1t is used as an irritant.
Cross-examined: He bad practioed fol
five years. III came to Portland in tht
fall of go. Had practiced previously il
Salem. His age was 25 years. Witness
DESERT bed his examination of the horse
which led him to determine the Gauss
of it's death. He couldn't say how
much chloroform was in the red lini
ment. 1t is an irritant. 1t is not sooth
ing in it's effect if it is en- 1rritant. 1t il
only used to as a counter-irritant. HI
found a dozen, more or less, blisters il
I the horse's ear.
If horse is troubled with the coli,
he would not have any trouble with hi
head as a result. The witness was de
cided about that point, though Mr.
Hamilton endeavored to get him to stat
that collie would induce pain in the head
At this point the defence moved tina
the court instruct the jury to find yer
dict of not guilty on the ground that
was necessary to show that there mus
have been malice on the part of the re
spondent, and no malice had beer
shown by the testimony.
Counsel for the prosecution contendet
that the statutes did not indicate tina
cruelty and malice are synonymous
terms.
Judge Bonney overruled the point
and called for the defence's witnesses
Exceptions were taken to the ruling.
AFTERNOON SESSION.
In the afternoon the witnesses for TIN
defence took the stand.
Dr. Maxwell, the defendant, was tn
first witness. He testified that he wa
almost II years old. He had been alvet
Urinary surgeon for over 30 years. Tn
hottie of red l;niment was handed him
and it was asked if he manufactured
that liniment.
81 did once, but that isn't my lini
"