The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-04-29
DIR. VIZ vvMN rs EREE.

of the Jury-A Resume of the Case.
The murder case against DIR, Written,
charged with completely in the opera
ton said to have been the cause of
the death of Maggie Schloss in 1893, was
yesterday nolled by State Attorney
Williams with the approval of Judge
Shumway. DR.. Written came down
from Auburndale, Mass, yesterday,
and on motion of State Attorney Will
llams the stay of execution granted
last January, when the habeas corpus
case was appealed, was terminated.
He was then taken to the criminal side
of the superior court before Judge
shumway, where he was remanded into
the sheriff's hands on the original in
iictment. DIR. Written was accom-
panied by his attorney, A. d. Penney,
and his bondsman, l.. B. Human.
Mr.. Penney asked that the plea of
not guilty to the indictment, which was
entered January, 1895, be withdrawn,
and that DR.. Written be admitted to
bail. The request was granted, the bail
being fixed at $4,000. State Attorney
Williams then arose and to the sur
prise OF everyone, after a lengthy
statement nolled the case against DR..
Written, who was then discharged by
order of Judge Subway and at once
| started for his home in Auburndale,
Mass.
| The nolle was entered by Mr.. Will
| liams as result of careful personal
| investigation. He stated before the
court that he believed the indictment
| against DR.. Written was returned
| through misrepresentation and misun-
derstanding on the part of the grand
| jury.
This manner of disposing of the case
was somewhat of a surprise to those
who have been watching it's progress,
| as it has been thought generally that
the state would continue the prosecu-
ton until the doctor was either con-
Victed or acquitted.
| In nolling the case Mr.. Williams said:
| your honor, in this case, the indict-
ment preferred against Drs. ]. Edward
Lee and George e. Written was sub
| mitted at the January term of this
] court in 1895 AT that time DR.. Lee
was in the custody of this court. DR..
| Written was not, but was in the state
| of Massachusetts, having removed from
New Haven to Massachusetts after the
time wherein it is alleged the crime
was committed. DR.. Written was ar
rested and eXtradited to this state to
answer to this Indictment, which was
a true bill delivered by the grand jury
and endorsed by the foreman according
to the long and invariable method OF
practice in this court.
"Dr. Written was arrested January
II, 1895. He pleaded not guilty, and
bail was fixed at $1,000 and furnished
by the accused Subsequently in Feb
ruary, 1895, DR.. Written was surren-
| dered by the bondsman, and habeas
| corpus proceedings were instituted ir
the United States district court on the
ground that there had been a mistake
or misrepresentation in the conduct Of
the grand jurors in bringing this in
dictment. The case was prosecuted be-
was rendered Diminishing the writ. Al
appeal was taken to the United State.
supreme court and the judgment o
the lower court was sustained.
TN obedience to the order of thu
United States supreme court the ac
cused in January 1896, appeared be
fore Judge G.. w. Wheeler in this cour
and surrendered himself to the custod.
of the sheriff whereupon the case frs
coming under my jurisdiction, l asket
for new bond. DR.. Written refused
to furnish the bond and was committed
to the jail.
"a writ of habeas corpus was aske,
from your honor by the counsel for tn
accused, and your honor refused t.
grant the writ. The case was appeal
ed to the state supreme court, VIII
have disposed of that appeal by sus
tanning the decision of your honor. A
the time of the appeal execution o.
the Indictment was stayed That sta
has been terminated by Judge Prem
| tice this morning, and the accused |
now in the custody of the court.
Il Experiencing that at some tim
DIR. Written and his counsel woul
come into this court and attempt
raise question concerning this indict
! ment have taken the liberty to con
, duct a personal investigation into til
facts as alleged concerning the iudict
, ment.
"As a result Of that Investigation,
have found that the indictment so ia
as it affected DIR. Written was the re
! suit of a misunderstanding and
misrepresentation on the part of tn
| grand jury. l can easily understan
how this mistake was made, as D
Lee was then in the custody of til
court, and DR.. Written was not.
! would hardly be proper for me to Civ
| to your honor the details of this il
| vestigation in so public a place g
this, but I am clearly satisfied tha
e it was not the intention of the gran
jurors to bring this indictment again!
DIR. Written.
: my idea of the administration
justice is that the state ought not I
attempt to rely on a technicality to &
an injustice to anyone, and that IL
state, under the circumstances, know
ing that a mistake has occurred, woul
be doing wrong to DR.. Written I
hold him on the Indictment, and there
fore I ask you honor to enter mol
in the case. / believe that this cours
is due to Dr. Written and to the dig
nifty and honor of the state
mo expression is called for on m