The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-29
MRS. KINC-VA|L ESCAPES
Ante MOrtem Statement of Mrs. Wat
kinS Could Not BE Used.
no OTHER CONVINCING PROOF
Number Of Witnesses Examined but None
OF Them Could Connect the Female
Doctor with the Commission
Of the Crime.

There was a hearing before Alderman
F1tZsimmons yesterday afternoon at
| o'clock in the case where Mrs DR.. King
Nall, OF Linden street, was charged
| with having caused the death of Mrs.
Jennie Watkins, of the North End
| through criminal operation performed
on the woman some time previous to
Dec. 20 of last year.
| At the hearing the testimony was
such that Alderman Fitzsimmons could
not detain Mrs. Vail further and she
was released
| Mrs Vail escaped from very serious
| difficulty by virtue of the provisions Of
the law as it stands on the statute
| books. The law reads that only in
homicide cases can the dying statement
of person be used against the person
| accused.
Mrs. Watkins on her death bed made
a statement under oath to Alderman
| Williams that Mrs. Vail had performed
criminal operations on her, but the law
| does not give the commonwealth the
| liberty OF using Mrs. Watkins dying
statement, and there was no other
testimony to implicate Mrs. Vail.
| No Evidence TO Hold Her.
District Attorney John X. Jones had
all witnesses present who knew any
thing about the case, but none of them
could swear to any evidence that could
hold Mrs. Vail.
| The hearing did not begin until 4.3O,
when all the persons interested had ar
rived. Mrs. Vail and her husband sat
in Alderman Fitzsimmon's private Of
| flee and listened TO the testimony
| through an open door.
The commonwealth was represented
by District Attorney John II. Jones.
Chief of Police William Y. Simpson and
County Detective Thomas Leyshon. At
torney John Il. Scragg was counsel for
Mrs. Vail, and Willis ID. Coston took
a stenographic report of the evidence.
Coroner j. A. Kelley was the first
witness He said he held post
mortem examination on the body of
Mrs. Jennie Watkins on Dec. 90 Drs.
Sullivan, Thompson, Donne and Strang
We're present and assisted
The coroner said his attention was
directed to the case by DR.. Thompson,
who said that criminal operation had
been performed on Mrs. Watkins. At
Kelley found symptoms of such an
operation.
Testimony Of Doctors.
District Attorney Jones led the wit
ness through a searching examination,
but Attorney Scragg did not cross-eX-
anime the coroner to any great extent.
DR.. Sullivan was the next witness.
He was present at the postmortem eX-
animation and from his observations
was led to believe that the expulsion of
the foetus was not a natural one.
Dr. Thompson was called and he testi-
fled to the visits he made to Mrs Wat
kin's bedside, but could say nothing
that had any relevancy toward holding
Mrs. Vail liable. DR.. Sullivan was re-
called and District Attorney Jones put
some pointed questions to him.
He replied that in his opinion Scran-
ton is a regular slaughter yard of mai
practice, and that he believed person
ally this was such a case of that kind,
but was not prepared to testify under
oath that it was, as the marks he saw
on Mrs. Watkins body might be caused
| by a natural or accidental delivery of a
foetus.
Thomas j. Watkins, husband of the
woman, was sworn and could not say
that of his own knowledge that Mrs
Vail ever treated upon his wife.
Asked for Her Discharge.
Attorney Scragg then asked Alder
man Fitzsimmons to discharge Mrs.
Vail on the ground that the evidence
adduced did not warrant detaining her
any longer.
AS the ante-mortem statement of
Mrs. Watkins could not legally be ac-
cepted the case fell from the want OF
convincing evidence, and Mrs. Vail
walked out of the alderman's Office a
free woman.