The daily morning journal and courier., 1896-05-06
DIR. LEE ON TRIAL AGAIN
HIS THIRD TRIAL IN THE MAGGIE
 SCHL0SS MURDER CASE.

Begun Yesterday Before Judge Thayer in
 Criminal Side of the Superior Court
 First Colored Juryman to Set on Mur- der Trial in This Court-Testimony by
 William Cash, Who Was Concerned in
 the Alleged Criminal Operation.
 The trial of pr. J. Edward Lee for the third time for the murder of Mag gie Schloss of Ansonia was begun in the criminal side of the superior court yesterday before Judge Thayer and Q jury composed of Thomas H. Brooks of Bethany, Henry B. Lamphier of Bran ford, Henry H. Mack of Guilford, Hen ry c. Terrill of North Haven, Harmon M. Robinson of North Haven, Thomas A. Queenan of Ansonia, Jerome A. Bunnell of Branford, Albert M. Rice of Cheshire, Baldwin c. Dudley of North Guilford, Edgar Parmelee of Guilford, and Herbert Parmelee of Guilford,
 The examination of the jury began at 10:30, and in about two hours the en- tire jury had been empanelled.
 Each side had the right to challenge ten jurors, as is the custom in cases of murder in the second degree. Each juror was asked by State Attorney Williams if he had formed an opinion of the guilt or innocence of Dr. Lee, and a number were asked if they had formed any opinion as to the conduct of the state in the prosecution ot the case. Several who had found such an opinion were excused by the court. Elias T. Clark, juror from Wood bridge, when asked if he had an opin- ion concerning the case, promptly said that he had, and that it was formed from the information he had received through the newspapers When asked what his opinion was he said he had thought that Dr. Lee had been pun ished about enough. He thought that { opinion was eliminated from his mind now, however, and that he could try the case without prejudice. State At torney Williams decided to accept the juror, but he was excused by the de- fense.
 One of the jurymen selected, Thomas "A. Queenan of Ansonia, is an intelligent colored man and the first colored man to serve on a jury in a murder trial in this court.
 State Attorney Williams is assisted in the prosecution of the case by l.. N. Blydenburgh, and Dr. Lee is defended by Prentice w. Chase and Sanford E.. Martin.
 The indictment against Dr. Lee was read by Clerk Fowler. It was the in dictment which included the name of Dr. G. E. Whitten. It charged that the crime alleged was committed in this city on August IS, 1893, and that Maggie Schloss died as the result of the crime on August 21 at seven o'clock a. m.
 The first witness in the case was Mrs. Margaret Schloss the, mother of \ the girl whom it is alleged was mur- dered She testified that Maggie, pre- vious to her coming to New Haven was not i'll, but was about home as usual contented and happy She was also asked the question as to whether Maggie had eaten heartily on the day before coming to this city. She said \ that she had
 You didn't testify as to that on the former trial, did you?" asked MT. Chase.
 The witness stated that she did not, and admitted that since the last trial Detective John Leete had been to see her and asked her that question
 The next witness was Mrs George Schless, a sister-in-law of Maggie, who
  on the night before she came here. Mrs. Schloss stated that she did not testify at either of the former trials She, too had recently received a visit from Detective Leete.
 William Cash, the young man who came to New Haven from Ansonia on the alleged criminal operation said to have been performed, was put on the witness stand at 3::3O o'clock. Cash now lives in Albany, N. r., and was brought here by the state.
 In his testimony which was rehear.. sal of what he had already testified to in previous trial, he attempted to de- tail an account of a conversation be- tween him and Dr. Whitten
 This the court would not allow. He identified Dr. Lee as the man who had said that he would perform an opera ! tion upon Maggie Schloss for $150. The ! witness offered him $100, but finally agreed to give him $125.
 The doctor told the witness that the girl should be taken home after the operation, but later when the work had | been done the doctor said the patient could not be moved. Witness intended to take Maggie Schloss to Ansonia in carriage, but instead took her to the Elliott house. Maggie was taken sick and began vomiting. She was restless all night pr. Lee attended her and said that she would be all right the next day. He prescribed for her. At noon the patient complained of much pain It was about ? D. m. of the next day when Dr. Lee came with his in- struments. He performed an operation and in fifteen minutes after Maggie was delivered of what the witness call ed the feotus.
 Dr. Lee came in later and took it away with him. The witness said that Dr. Lee told him that the hotel people were Ion to him. and that he would have to leave the place. Maggie was removed to the Dayton house and be- came worse rapidly until death came.
 The witness admitted upon the cross examination that he might have been the cause of the girls condition. Mag