The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-19
DR.. PROSSER BEFORE A JURY.
INDICTMENT CHARGES ASSAULT
WITH INTENT TO MURDER.

murrer TO the Indictment ONef-
ruIed-Onc of the states Witnesses
Gives some Good Testimony for the
Defense-The Court Kept Going In
til After II O'clock at Night.
The entire day and most of the night
were occupied in the Superior Court yes
terday with the trial of DR.. ]. d. Prosser
on the charge of assault with intent to
murder.
The indictment against DR.. Prosser Is in
the shape of a special presentment by the
grand jury, and the name of the principal
prosecutor is not known. Henry Toehl,
the husband of the deceased, the opera
ton upon whom brought about the case,
stated that he was not the prosecutor and
did not know who was. The Indictment
was found about a year after the death
of Mrs. Toehl
The trial of DR.. Prosser attracted con-,
siderable attention and interest. The
court room was crowded, floor and gallery,
even during the preliminary proceedings
in the morning. Lawyers and others were
there. and the scene was the same in the
afternoon when the taking OF testimony
began.
Messrs. p. W. Meldrim and r. r. Rich
ards, who represented the defendant, first
filed a demurrer to the indictment, which
charged DR.. ]. D. Prosser with assault
with intent to murder in that he employ
ed an instrument to the grand jurors more
particularly unknown" upon Johanna
Toehl for the purpose of
destroying her child, the same
not being necessary to preserve
the life of the mother, nor advised by two
other physicians to be necessary, for that
purpose, the same having produced the
death of the mother. The second count
in the indictment was practically in the
same language. except that it alleged that
the offense was committed by some
means" to the grand jurors more par
ticularly unknown.
The defense demurred to the indlct-
ment on five grounds, claiming first, that
| it was vague and uncertain and did not
make out any offense with which the
defendant was charged; that no descrip-
| ton of the instrument used was given;
| that no description of the
| means alleged to have en-
| ployed was given; that neither of the
counts alleged whether the child was alive
| or dead and that neither of the counts
! alleged the time of the death of Mrs.
| Johanna Toehl, which was said to be
material allegations.
| Quite an extended argument followed
| upon the points raised in the demurrer
! between counsel for the defense and So
| lcitor General w w. Osborne. Authori-
| ties were produced on the line of the
! points raised in the demurrer, and it was
! held that in its form the indictment was
| vague and indefinite, and did not charge
! the defendant with al-y specific offense.
| Solicitor General Osborne argued that
| the Indictment alleged all that was re
| quired under the statute, and that il was
in the form of the statute AS the lin
| strument' and the means" were I'M
known to the grand jury he held that it
| was not necessary to state them in the
Indictment.
At the conclusion of this argument
| Judge Faligant overruled the demurrer
| and ordered the case to trial, not deem
ing it necessary that the allegations call
| ed for should be made. 1t was about II 80
| O'Clock when the selection of a jury be-
| gan and the process was a slow one More
| than the usual number of jurors went off
| for cause, among them four negroes, who
! were in the panel These negroes, it ap-
! pears, and some others had been patients
| of DR.. Prosser. All of the witnesses who
went off for cause stated that they were
| preiudiced in the case and consequently
could not serve.
The state struck six jurors out of the
ten permitted and the defense struck sew
! enteen of the twenty allowed. The jury
as finally secured was made up as fol-
lows: A. Sidney Cooper, John A. II. I'M
bach, Noah NJ Timer. Alfred ]. Lille.
William J. B. Adams, w. G. Macon. Gus
tave p. Werm, Henry NJ. Gentry, Joseph
j. O'Connell Thomas f. Cullen. Joseph
r. Delannoy and William H. H Young.
1t was about l O'Clock when the last Juror
was secured and an adjournment was had
TO 4 o'clock in the afternoon
After the indictment had been read to
the jury and the case of state put before
it, Henry Toehl the husband of the dead
woman was sworn as the first witness for
the state. He said he knew DIR. Prosser
but not by that name His wife. he said
died July 10, 1896. She was sick the Sun
day Before, ne said and also on Saturday
night. He went up to her room after
closing his store Saturday night. and
found her sick. Sunday morning between
and O'Clock, he went for DR. Prosser
who came and attended his wife DR..
| Prosser also came a second time, but did
| not come again. She seemed to become
worse and he called in DR.. e. H. Nichols.
who at once called in DR.. William Dun
can for consultation. He knew nothing
Of what DR.. Prosser did, nor did he know
what the other physicians did, as he did
not remain in the room. The witness
said that after his wifes death he went TO
| DIR. Prosser and demanded the money his
wife had paid him. DR.. Prosser paid him
back the $50. Toehl said he was not the
prosecutor in the case and did not know
The testimony of Mrs Anna Weidmarlx
was more important, she having gone with
Mrs. Toehl to DR.. Prosser. Mrs. Toehl.
she said, told DR.. Prosser the circum-
stances and said she wanted him to hen
her out of her trouble. He told her he
would take the case for $50 She went
away then and got the $50 from a relative
and went back to DR.. Prosser on Satur-
day. Mrs. Wiedmark also went with her
on that occasion. She said DR.. Prosser
used some instrument which she thought
used some instrument upon Mrs. Toehl.
who, she said, was not sick at the
time, but was sick on Sunday the day
following She was present also in Mrs
ToehFs room on that day when DR.. Pros
ser performed an operation.
Upon the cross examination Mrs. WED
mark said that Mrs Toehl complained of
pains when she went to Dr. Prosser; that
she did not know that the instrument used
was battery, it might have been a steth-
oscope. such as was exhibited i'm court,
that Mrs. Toehl told told DR.. Prosser that
she had been trying to get out of her
trouble for month or more having gone
to another physician for that purpose and
having taken medicine which he had Civ
q her and that ba