The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-07

struggle the three men fell TO the floor,
which is covered with paraff1ne and is
very slippery, Maxwell falling under
meath. tie was at once assisted to ris :
and was placed in settee. A few mo-
mentS later he Was conducted by The
attendants to the bathroom for his reg
ular bath. It was While in the bath
that it was discovered that something
was the matter with him. The physi-
clan who examined him believed he had
had an attack of paralysis. The two at
tendants informed the supervising ply
Sician of the trouble with the patient
and told him they were afraid they
had hurt him. Maxwell continued
growing worse and died in few hours
after the struggle with the attendants y
This statement, together with the
theory that Maxwell's weakened physi-
cal condition which rendered him liable
to the injuries from which he died, is
the view of the case through which the
defense will try to impress the jury
with the innocence of the defendants
The state has one strong witness whose
testimony was not seriously shaken by
Mr. Magaw's cross examination. He
was r. H. Fair, the gardener at tne in
sane asylum. It was through Fair 5
statement to the physicians in charge
of the institution that the post mortem
examination came to be held and the
physical injuries Maxwell had received
to be revealed. Had it not been for
Fairs disclosure Maxwell would have
probably been buried and his family re-
manned of the opinion that he died of
paralysis. At the most there would
have been only the statements of Neil
and Peterson, both of whom deny that
they struck Maxwell blow, and his
injuries, if discovered, would have been
attributed to the fall upon the ward
room floor.
Fairs statement before the jury this
morning was substantially as follows;
had 10 hp h11i1c Inc tfl
a number OF patients to help me at some
work on the asylum farm, of which I
am in charge. 1 was called at several
wards and had entered the hall into
which ward opens. when I heard an
outcry as of some one in distress. /
went into and up the hall to the alcove
where the two attendants were with
Maxwell. Maxwell was on his back on
the floor struggling a little. Both Neil
and Peterson stood above him and were
stamping him with their feet They
also slapped him in the face several
times. / stood about seven feet away
when they did it. They afterward help
ed Maxwell into chair and he leaned
back as if exhausted
I made no regular report to anyone
in authority about what ] saw. and l
said nothing to either Neil or Peterson.
But when at the superintendent's office
spoke to De. Myers about it. 1t was
then about a. m. I went down to the
/
some timber and did not return to the
buildisg until II o'clock. When / did
return [ was told that Maxwell was
dead ! then told Mr.. BiGdle of what
saw in ward during that morning" "
Fair contradicted his stat enent that he
had told no one of seeing Neil and Peter
son assault Maxwell which he made first
He at first said he had told no one, but
afterWari admitted telling DR.. Myers DIR.
Myers has been subpoenaed by the de-
fenSe.
There was little of interest in the tes-
timony of the witnesses preceding Fair,
who were on the stand when the couct
: took recess for dinner. George Maxwell,
a son Of the dead man. was the first wit
ness. He was in Kansas City a the time
of his fathers sunstroke. He said his
father was greatly wea akened by the stroke
and was very i'll for two weeks imTnedi-
ately following. When taken to Kansas
City and also when sent to the asylum II
cpeka he was in an ena ciated condition.
Maxwell testified that his father. while n
nome. was quiet and fractable and show
/ ed no violent tendencies. He had heen a
strong man previous to the slInstrolse
Ehie Bone. an attendant in ward No /
testitled that Maxwell had eaten his
| breakfast with the other patients in the
dining room which adjoins the ward
where ne trouble occurred. and that she
was stil in the dining room when Neil
| and Peterson had their trouble with Max
! we'll She denied having heard any out