The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-06-08
IT
! STENOCRAPHER
Moser Won't Report Mere
Argument in the Neg
ley Case.
DAYS. TECHNICAL FIGHT
Mrs. Metzger Thrown Into
Mysteries By a Very
Pointed Question

The trial of CDR" Anna Schweishelm,
of No. 1011 Willow avenue, Hoboken. for
causing the death of Mrs. Mabel Negley
by malpractice, is progressing very slowly
in the General Sessions Court. Congress-
man DAILY. counsel, for the defendant, is
making a strong fight for his client and is
taking advantage of every legal teehni-
cality and his argument on every point
he raises consumes more time than the
taking of the testimony. Assistant Prose
cutor Van Wrinkle is conducting the case
for the State. 1t is the first case of the
kim tried in the court in a great many
years.
Mr.. Daily threw Mrs. Merger, the States
principal witness, into Mysteries yester-
day by hurting this question at her:
You're something of an abortionist your
self, aren't your Mrs. Merger went off
into a faint and when she came out of
that she became hysterical. Her con-
dition obliged the Court to take recess a
little earlier than usual. Mr.. DAILY sug-
gested that Mrs. Merger must have been
overcome by the heat.
Some delay was caused during the
afternoon by Stenographer Moser going
on q strike, not for more wages. but for
less work. Matron DAWN of the Hobo
ken police station had been called to
identify an instrument taken from Mrs.
Sehwershelm when she was searched
after her arrest. Mr.. Daily objected to
the admission of the testimony. Mr.. Van
Wrinkle began to argue that the testi-
mony was admissible, when Mr.. DAILY
interrupted him and said:-"I want the
stenographer to take this down." Judge
Blair nodded approvingly and Mr.. Van
Wrinkle was about to proceed when Mr..
Moser turned around and said:-'I am
not supposed to take down arguments.
Ny duties are governed by the statute,
and I am required to report only the
evidence and proceedings"
.But his is part of the case" ex-
claimed Mr.. Daily, land I want it taken
down. I would like to know. Your
Honor, since when the stenographer has
become the judge of what constitutes
proceedings in this court. 1 will call
upon Mr.. Nugent in the future to report
the trials in this court in which / am
interested. He Isl the official stenographer
n not this man. This man is too
fresh"
st is extra work to take down argu-
ment.' persisted Mr.. Moser. "and We are
not required to do it,"
Judge Blair directed the stenographer
to take down what Mr.. Van Wrinkle said.
After Mr.. Van Wrinkle had been speaking
for a minute or two Mr.. Moser leaned
back in his chair, remarking, This is
clearly argument"
VIII your Honor kindly send for Mr..
Nugent?" asked Mr.. DAILY.
Judge Blair directed Constable Jerole-
mon to notify Mr.. Nugent that he was
wanted. The constable returned in a few
moments with the information that MIR.
Nugent had gone for the day.
I'm not here to work for nothing" said
Mr.. Moser.
I'VE don't recognize you," retorted dr.
DAILY. "Mr. Nugent is the official stem
ographer and 1 only ask the Court to see
that this case is conducted properly"
Everybody is out of temper today but
me-" remarked Mr.. Van Wrinkle. 1.-THE
weather is hot, and that hasa tendency
to make us hot under the collar" Judge
Blair disposed of the matter by striking
out Mrs. Davin's testimony. Mr.. Moser
was on hand as usual this morning.
DR.. Livingston Lewis, a young physic-
ian who ATTENDED Mrs. Negley in st.
Mary's Hospital, followed Mrs. Merger on
the witness stand. He testified to her con-
dition.
DR.. William r. Fisher testified that he
advised Mrs. Negley to go to the hospital.
She told him something but it was not
permitted to go in evidence.
County Physician Converse testified that
he made an autopsy on Mrs. Negley and
found Indications that she died from mall
practice, but he would not swear posi-
lively that such was the case. Blood
poisoning was the direct cause of death.
Burt Negley, the dead woman's husband,
testified tha he assisted his wife home
after one of her visits to Mrs. Schweis-
helms. He identified one of the defend
ants business cards, on which was print
ed "Dr."
Coroner Hoffman was called to identify
Mrs. Negley's ante-mortem statement,
which he had taken. AS he admitted that
he had not asked Mrs. Negley If she be-
Iieved that she was about to die, the
statement was of no value as testimony.
This morning Mr.. DAILY consumed more
than an hour in arguing a motion for the
Court to direct an acquittaI. Judge Blair
denied the motion, saying that there was
sufficient in the case to allow it to go to
the jury.
Mr.. Daily then said that he had advised
his client not to go on the witness stand,
but she insisted on telling her story. She
would testify, he said, that she had not
knowingly performed a criminal operation
on Mrs. Negley. She was not aware OF
Mrs. Negley's, condition and Mrs. Negley
never told her. The defendant took the
stand and testified to what her counsel
said she would. Thu case was still on at
recess.