Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-11-24
PROBABLE CAUSE Is FOUND.
IContlnned from page II


I'm regard To her conversation with him
when he called at the house Monday
evening I'm company with her brother, |
A. II. Wilder. but Mrs, Proutys reeol-
lection as To what she told Mr.. Spell
man seemed a trine hazy, She ad-
mltted TO States Attorney Ryder thar
she had been told she would be pun.
ished II she testified In this case. ana
was frightened by the statement.
At this point the state rested.
The first witness for tho defence
was Alvin ii. wilder brother of Mrs,
Prouty, Mr.. Wilder stated that he did
not know what trouble his sister was
In until Monday night when he went
to her house with Mr.. Spellman. he
said that In answer TO Mr., Spellmans
questions Monday night his sister SAID
that she had no medicine from DR..
Lynch, underwent no operation. nor
asked Dr. Lynch for any medicine 10
produce a miscarriage. Mr., wider
also stated that his sister told Mr..
Spellman that she signed the paper
for DIR. Roberts when she was SICK
and did not know what II said: that
she made these statements freely TO
Mr.. Spellman. who told her that ne
was DR.. Lynch's attorney and that II
was her duty to tell the truth In the
matter. According to Mr.. Wilder, Mrs.
Prouty also stated to Mr.. Spellmah
that She never consulted with DR..
Lynch I'm regard to the matter OF an
abortion.
When cross examned by Mr.. Ryder.
the witness said that he did not know
whether or not his sister feared Deiis
punished IL she testified. nor did ne
remember about her gong 10 see IT.
Lynch until recently.
Mr.. Spellman then took the STAND
and was examined by Mr.. Gibson. The
former stated that he went TO the
home of Mrs. Prouty Monday evening
as counsel for DIR. Lynch FOR the pur-
nose of finding out the facts of the
case. and that Mrs. Prouty's husband
and her brother, Mr.. Wilder were
present at the time of his request
that he had no conversation win MIS-
Prouty in regard to the matter wheh
they were not present. According "
Mr. Spellman's testimony, Mrs
Prouty said. when asked for the truth.
that she never went TO DIR. Lynch TO
nrocure medicine to produce an aDor-
fion and never took any for that pur-
nose. He also testified that she sald
that when DR.. Roberts asked her 10
sign the paper, she supposed IL was
simply a statement showing That ne
was her physician. Mr.. Spellman also
said that Mrs. Prouty told him tha'
she did not understand that Dr. ROD
erts was going to charge III.
lynch with an abortion upon her, but
unon another woman and that she
was simply TO be witness IN the
case. .,a,
II H. Holden of Brattleboro tesuhed
that he had seen Mrs. Prouty in the
store. but did not remember whether
he had ever given her prescription,
although he had examined ms DOCKS
for the month of october. 1909. ana
found none for Mrs. Prouty. he ad-
mitted that he had number OF pre-
scriptions with no name attached, anu
said that the fact of her name not APP
nearing on his books did not prove she
had not had a prescription put "o
there. - n
THE next witness called was Dr. u.
tx Roberts In answer to questions
from Mr. Gibson. he admitted ne was
Iacouainted with Dr. Lynch ana hau
heard of his performing some opera
tons, bat was not sufficiently inter-
ested '1n the kind of business ne was
In to take much note or the matter;
He also said he had no personal reel
ing against DIR. Lynch. Mr.. dipsoi,
then questioned DR.. Roberts In reea.u
to a certain cabinet which was IN the
possession of DIR. Lynch and Or:
Roberts admitted that he knew OF
such a cabinet and said he would ike
TO get 1t. He also admitted that ne
had been to DR.. Lynchs once ana
talked with him about the capine,
| and that he had asked DR.. Lynch 10
come to his Office on important pusi-
Il ness. and had talked with MIN there
about the matter. DR.. Roberts shlu
| he asked DR.. Lynch If ne woulu sen
the cabinet and told him he couid ge.
| a team from II. r. Brown to deliver
| IL that night -. a.,
Mr. Gibson then questioned him IN
regard to talking over the Lynch mat
| ter with other physicians Dr. Roberts
admitted that he had talked with Ut.
/ Anderson about the matter. Dut Wheii
asked If he had talked with Dr. Pratt
! he replied with much feeling, NO, sir,
II have not spoken a word to Or. FRAU
! in four years" DR.. Roberts dehleu
| Telling DR.. Lynch that the other physi-
clans in town were planning lor hia
downfall and also denied making any
threats 10 Lynch saying that ne
knew law better than that. After
answering some questions in regard
| to the effect of certain drugs relative
tn producing abortion, Or. RopeIts
was questioned as to his part IN the
case against Dr. Lynch. He said that
he had made no complaint in TINS
lease. but admitted that ne nad en-
gagged with other physicians IN push
ling another case Of similar liatuls'
He admitted having consulted VIII,
several Brattleboro lawyers in regaru
r. the other case. and said that ne
know the matter was of SUFFICIENT I'M
nortance to the community to engage
the services of an attorney.
Dr Roberts also said that ne nau
talked with Mrs. Prouty about being
a witness, and that she mad asked
him If DR.. Lynch could put her IN
prison if she testified. Or. hopeI's
admitted having secured wri.ee ,,
statement from Mrs. Prouty and sald
that he had turned it over TO tne
states attorney. He also said MIS-.
Prouty told him that the medicine she
secured on Dr. Lynch's prescription
was given to produce abortion, ana
that she told him who ave her tne
prescription and where she got II
filled.
In regard to Mrs. Prouty's condition
AT the time he called on her IN octo-
her. 1904, DR.. Roberts said that an ne
knew about 1t was what sne told MN
and what he saw. but said that ne
made no examination. He said that
he did not tell Mr.. Prouty about the
matter hut that Prouty afterwaro
found out about his wife,s condition;
and in response to questions by MI
ICihson DIR. Roberts admitted that Mr.
Prouty was very angry about the pub,
Ilicity in connection with this case ana
that he had threatened to throw MN
out of doors" on account OF ms con-
nection with the matter.
When cross examined py o.ate
Attorney RYDER. DIR. Roberts said the
reason he wanted a paper from Mrs.
prouty was because he had had so
,,,nn,- caSas of that nature beIOnglns