The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-20
MANY EXPECT A MISTRIAL.
CHARGE AGAINST DIR. PROssER IN
THE HANDS OF THE JURY.

fessionaI Feeling Against Him and
His Brother Charged by His AttOr-
neys-The Unknown Prosecutor
Referred TO-SOIicitOr Osborne
Says the Evidence Makes Out a
Clear Case.
AT midnight last night it was the opin-
ion of many who remained a. the court
mouse through the greater portion of the
| trial of DR.. ]. d. Prosser, on the charge of
| assault with intent to murder, that the re-
| suit would be a mistrial. At that hour the
jury had had the case for nearly an hour
and half, and there seemed no likelihood
of an agreement
The trial took up the entire day, as it
mad done the day before. In conclusion
| the defense put DR.. Prosser on the stand
TO make his statement. DR.. Prosser pre-
sented his statement of the case in a clear
ana careful manner, and he was listened
to with much interest by those in the court
room. The crowd in the court room was,
II anything, much larger than that of the
day before, including a large number of
prominent physicians, as we'll as attorneys
who dropped in from time to time to see
how things were going.
| DR.. Prosser told how Mrs Toehl had
come to him with Mrs. Wiedmark, and
what she came for. His statement was. in
many respects, similar to that given by
| Mrs. Wiedmark He did not care to take
the case, he said, but when Mrs. Toehl
insisted that she wanted to get out of her
trouble, and stated that she had already
been under treatment for the same pur-
pose by another physician, and that she
| herself had been making similar efforts,
he examined her, and told her he would
take the case for $50. She went away and
the next day returned with the money and
he examined her again and treated her.
| He said he found the work he had been
called upon TO do had already been prac-
| tically accomplished. but how or by what
means he did not know.
Mrs. Toehl went home and on Sunday
morning he was called from his bed to go
and attend her. The operation was then
| performed. Under the circumstances 1t
| was an operation that was necessary to
| save the life of the mother. Peritonitis
| had already set in, and 1t was a difficult
| case to handle. He called on her the fol-
lowing day, but in theafternoon received
word not to come again, tina other physi-
| clans had been called His explanation
| OF the return of the $50 upon the demand
| OF Henry Toehl was the same as had been
given by his brother, to the effect that
| they were new corners here, and that
| rather than have any talk about the mat
| ter they decided it was best to return it,
| DR.. Prosser was satisfied he had some Sc
| cret enemy who had nstigated the prose
| cution, but who had done so he did not
! state.
Or. Duncan was put on the stand to con-
tnf Tna d..
gard TO peritonitis having set in, and said
he saw no signs of pertonitis at the time
| he was called.
A recess was taken until 4 o'clock in
| the afternoon when the argument began
neither side having any further testimony
| 10 present Mr.. Osborne stated the law
! ana material points upon which he would
rely in making out his case, and the
| opening argument for the defense was
made by Mr. r. R. Richards
MI. Richards referred briefly to the le-
gal aspect Of the case to show what was
| necessary to constitute the charge pre-
| Gerred and then began to speak of GER
tain matters OF which little had been said
though the things referred to were an
parent throughout the case. He was fol-
lowed in behalf of the defense by Mai. p
w. Meldrim, while Solicitor General w
w. Osborne closed for the state.
The fact that the prosecution was a sort
of hidden or secret one was brought uut
by the defense. In other words the name
or the prosecutor did not appear anywhere
on the indictment, nor was it brought ont
during the trial The subpoenas sent out
| 1or witnesses to appear before the grand
jury contained fictitious names, the case
mentioned being John Doe VS.. Richard
| Roe The inference drawn was that
somebody was after DR.. Prosser with a
stick, but did not care to have his name
appear Mr.. Richards characterized 1t as
/ a a larl,
statement was then made that there is
much professional feeling on the part of
other physicians against the Drs Prosser
and that sort of tacit combination
against him. as it were, is ia existence
among them. 1t was stated in this con-
nection that the physicians summoned
after DR.. Prosser's discharge had not
even called him in to ask him about the
| case
Solicitor Osborne made the point that
these facts had not appeared in the testi-
mony, and that while he did not object
TO counsel discussing them he would re-
serve the right to make reply to them at
the proper time.
The attorneys for the defense analysed
| The testimony and held that under no
view of the case was il shown that Dr.
| Prosser was guilty Of the crime charged;
that he acted in accordance with profess
sional duty, and that it was proper and
| necessary under the circumstances that
he should have treated Mrs. Toehl
Ii was nearly O'Clock when Solicitor
| Osborne began his argument. and the
! court took a short recess for supper be-
fore he had finished Mir Osborne then
| resumed his argument shorty before 10
o'clock and concluded within about half
4 an hour
In reply to the points made above he
held that the indictment had been returned
by eighteen well-known and reputable citi-
zens comprising the grand jury, and that
| they, upon their own motion, because of
the facts brought to their knowledge. had
made an Investigation of the case. 1t was
| folly therefore he said, to talk of an I'M
seen foe trying TO knife DIR. Prosser in the
| back. He held that no one would believe
that a reputable physician would seek to
antagonize or to interfere with DR.. Pros
ser without cause, and that the physicians
did have cause.
Mr.. Osborne held that there was no.
doubt of the commission of the crime under
| the evidence. He claimed that the defense
that the child was dead did not hold under
| the statements made by other physicians.
that there had been no consultation with
two physicians prior to the operation as
required by law, and that the return of the