Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-25
DIR. OHLENDORF'S TRIAL
PHYSICIAN ARRAIGNED ON
CHARGE OF MANSLAUGHTER
Attorney Reproved by the Court-Mo-
ton for Introduction of Plea in
Abatement Overruled.
srccInl nIspntch to The Evening Star.

Special Dispatch to The Evening star
UPPER MARLBORO. Md. October 81
The trial of DIR. Joseph C. ohlendorf OF
the Brent Mar Sanitarum, Brentwood.
Md. who is charged with manslaughter
connected with the death last fall of, Mar
garet Hale of Washington, D. c., opened
i'm the circuit court here this morning be-
fore Judge George c. Merriek. When the
Judge called the case Robert w. Wells of
Hyattsville. Md. leading counsel employed
withdrawn in order that plea of abate-
not guilty entered several weeks ago he
Withdrawn in order that a plea of abate-
ment might be made instead.
Marion Duckett of Bladensburg. assistant
counsel for the defense, spoke on the law
points relating to the motion. He read
the plea of abatement which argued that
the case should be dismissed on the ground
that the grand jury which had indicted
DR.. Ohlendorf was irregular not having
had the required twenty-three members.
He said John w. Cox had been excused
from serving as he was unable to read and
write and that his place had not been
fillsd. ...
James c. Rogers of Hyattsville. special
counsel for the prosecution. objected to the
motion. urging that 1t was dilatOry. When
the plea had been strongly combatted by
States Attorney NJ. II. Magruder, the
court TOOK q recess OF One-ndlI nOuT To COLI
slider what it's decision on the motion to
withdraw should be. ..-.. .,-
Upon RECOMMENDING at II O'Clock the court
overruled the motion. whereupon the de-
Tense noted an exception.
Court Manifests Displeasure.
An interesting incident occurred at this
point. when F. Edward Mitchell. a member
of the bar of the District of Columbia.
asked for continuance of the case on the
tl,a .Jaf
not all present. He failed. in the opinion of
the court, to properly state reasons for
postponement, and was ordered to resume
his seat. This he refused to do, and Judge
Merrick said: You forget, sir that you
are in a court of justice. If you don't
keep quiet the court will take measures to
make you do So"
Immediately following this episode the
regular recess was taken, and inquiry was
at once made among the bystanders as to
the identity of the man who had incurred
the courts displeasure. 1t was learned from
Attorney George p. Hoover of the District
of Columbia bar who is assisting the coun
sci for the defense that Mr.. Mitchell claims
to represent Attorney LipScomb of Wash
ington. who is said to have been retained
by friends of DR.. Ohlendorf but who is abb
sent in New York state. Attorney Wells.
the defendants counsel in court, said to
The Star correspondent that he intended to
utterly disregard Mr.. Mitchell and proceed
he had planned.
Considerable interest is manifested here
in the proceedings. The court room is
crowded with outsiders. On the 1902 a. m.
train from Washington there were aboard
not only number of lawyers and witnesses.
but many persons who We're expecting to
attend the trial merely spectators.
DIR. Oblendorf, the accused man. occupied
a seat in the audience and listened at
tentively to everything that was said. Elk
tprnaliY he was composed, but there
a distinctly worried look about his eyes.
The trial proceeded at 12:i5 pm. 1t de-
vtloped that there was trouble In selecting
the jury. On the first call all but three of
the regular panel were chosen. After the
defense had challenged fifteen men. -includ-
ing members of the regular panel and tales
men. and the state had challenged two a
jury was sworn consisting of VIM. b. Bar
ry r. Hugh Bnrrie. Edward ID. King Chas.
p Baden. r. H. Bickville. I. A. Richard
son. VIM. 7. Davis. Columbus Hayes. Jo-
seph Tayman. Jno. e. Blnger. b. F. Brown
Testimony of. Witnesses.
Attorney Rogers opened the case for the
state with brief statement, and proceeded
with the examination of the states wit
nesses. Adolph ]. Schiffert. an under
taker of Washington testified that he had
embalmed the body of Margaret Hale and
gave minor details
The next witness for the state Deputy
Coroner Glazebrook of Washington, tes-
titled that he performed an autopsy the
body some hours after it had been en-
balmed. He stated further that he found
the condition of the organs to be abnor-
nal. and gave it as his opinion that the
woman had died Il result of wounds
made by some instrument.
Joseph Roberts of Upper Marlboro, Md.
is assisting counsel for the state. Mr.
Mitchell is acting with lawyers for the
defense this afternoon.