The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-07-01
IS STILL AT LIBERTY
NO COMPLAINT ISSUED AGAINST
MRS. SMITH
TO BE CHARGED WITH MURDER
The Father and Lover Of the Dead Girl
Did Not Try to Have Complaint
Issued Yesterday

father and lover OF Elizabeth M. HutneSz,
who died in the lying-in hospital Of Mrs.
Catherine E. Smith, that they proposed
to have the alleged 'doctress" answer for
her part in the tragedy, absolutely nothing
has as yet been done. That the woman
will be tried, however, seems hopeful, as
District Attorney Donnell expressed his
willingness yesterday to issue complaint
charging Mrs. Smith with murder as soon
as either Andrew Hutflesz, the father, or
Frank Kohler, the lover of the deadi girl,
| choose to ask for such document. Although
both were expected yesterday. neither put
| In an appearance, and Mrs. Smith still con-
tinues in the enjoyment of her liberty and
the accumulation of dollars through her
nefarious practices.
Coroner Campbell asked Mr. Hutfiesz the
other day If he did not desire to prosecute
the case against Mrs. Smith, and Hutfiesz
replied that he wanted the case pushed.
His daughter had died as the result of the
criminal operation which he believed had
been performed by Mrs. Smith, and the
father wanted the guilty person to be
prosecuted. Coroner Campbell then con-
suited with Major Donnell on Wednesday
regarding the issuance of a complaint
charging Mrs. Smith with the crime. Major
Donnel inquired about the evidence in the
case and expressed himself as being 10th
to issue a complaint unless the evidence
justified such course. Coroner Campbell
explained the situation to him, dwelling
upon the admission made by the girl to
1<ohler in which she declared that
she had arranged to visit Mrs.
Smiths place for the purpose Of having
criminal operation performed, and, later,
that such operation had been performed
upon her by Mrs. Smith. Major Donnell
said at that time that he felt doubtful over
the outcome of the case. While there was
in his mind not the slightest doubt regard
ing the part Mrs. Smith had taken in the
death of the girl. still 1t was a difficult mat
ter to bring the necessary evidence to prove
her guilt, before jury. 1t was finally de-
cided to notify the father of the girl and
allow him to swear to the complaint charg-
ing Mrs. Smith with the commission of the
crime.
The father was notified yesterday morn
ing, but for some reason failed to put in an
appearance at the office of the district at
torney. The remains Of the girl were bur-
led in the morning from the undertaking
rooms of Orr & Hines, and in the afternoon
Kohler and Hutflesz appeared at the police.
station. They had not come there, they
stated, to consult with any officers, but
merely to meet Mrs. Coenen, the woman TO
whom Lizzie Hutflesz had applied for in
formation as to the best means of commit
ting an abortion, alleging that female
friend had been seduced and deserted Mrs
Coenen was supposed by Hutfiesz to be able
to advise him regarding the case. The
n mt in kos
ever, though the father and Kohler waited
for her until late in the afternoon. The
result of the matter was that neither saw
the district attorney, and no steps were
taken toward issuing the complaint. Both
of the men said, however, that they intend
ed to see the district attorney and have a
complaint issued for the woman If possible
Regarding the advise Mrs. Coenen was to
give the father, neither appeared to have
a very clear idea. The reason that they did
not see the district attorney and have the
complaint issued was because neither Of
the men is very conversant regarding the
process of law and probably needed some-
body to introduce them to Major Donneil
or some of the deputies.
Major Donnell stated yesterday that the
Smith woman would be charged with MUIR
DR.. Hastings, when he was tried on
charge of having caused the death of
young woman by criminal operation. Sec
ton 1879 Of the penal code reads: "All MUIR
der which is perpetrated by means of pois-
ON or lying in wait or by any other kind of
willful, deliberate and premeditated killing,
or which is committed in the preparation
or attempt to perpetrate arson, rape. rob-
berry, burglary or mayhem, is murder of the
first degree, and all other kinds of murder
are of the second degree"
1t is not thought that any malice afore-
thought could be proved against Mrs.
Smith, but as the general charge of murder
includes murder in the second degree and
manslaughter, there would be ample oppor-
tunity of reaching her, provided it could
be proved that she had committed the
abortion. Major Donnell expressed himself
as doubtful, however, of the outcome. He
did not think that the necessary evidence
could be produced. The staterpent made |
by the girl to Koher, that she intended to |
go to Mrs. Smiths place to be operated |
upon, would not be admitted, he thought |
nor would her subsequent statement, that
Mrs. Smith had committed the operation.
be admissible. However, he stood ready to |
prosecute the woman to the extent of hav-
ing her examined before a justice of the |
peace, when 1t could be determined whett- |
err the evidence would warrant a trial in |
the superior court. Coroner Campbell |
thought that the girls relatives were the |
proper people to swear to the murder COM
plant against Mrs. Smith, and Major DON
nell expressed himself as being of the same |
opinion.