The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-04

owing - to-@ssde fectfve requiSition
papers, DR.. David P. Maxwell, the
Cleveland COD physician, who is ac-
orsed of haYing performed a criminal
operation OF a Cleveland woman on
Dec. 26 last. sRdd 1pf then having fed
10 Salt Lake. discharged on writ
of habeas corpus by Judge Armstrong
yesterday afternoon. He enjoyed only
a few moments liberty, however, for,
after he had walked a few blocks
away from the court house he was
Iearrested by CHIEF of Police George
a. Sheets on another warrant ehafg-
ing him with being a fugitive from
justice, , ,r-... ..---
Judge Armstrong found that the
requisition papers We're faulty in two
PARTICULARS. One was that the indict-
ment found blythe grand jury in
Cleveland r-Nas--not shown by the
pGpers to have been returned formally
to the court. It was not properly GER
tilted. The other Adefect was the fail
ur6 of the Cleveland officers to prove
that DR.. Maxwell was in Ohio at the
time the alleged Qffeuse was commit
ted.
Says He Was Absent.
Or. Maxwell took the stand himself
and testified that on Dec. 26, and the
day preceding it, Christmas, he was
visiting friends in Beaver county
Pennsylvania; that he returned to
Cleveland Dec. p, and that the woman
was unders HIS care for four. days
thereafter. Judge Armstrong refused
to permit any questions as to DR.. Max
wells guilt or innocence of performing
the operation, but held that, in view of
his Cwn testimony that he was out of
the state on the day Of the alleged
crime, il Was incumbent upon the Ohio
officials to sbew that he vas there.
Chief Of EPoEcea Sheets and Sheriff
Joseph Befiihardt 81 Cleveland both
took the stand and testified that DR..
Maxwell had admitted to them, while
confined in the city jail here, that he
was In Ohio on the day of the crime.
The court held. steweveT,S that this was
not direct evidence upon the disputed
point. .--s' ( 30 o '--'1' @'ss--~7
Letters. Came TO Others.
As going to prove that DR.. Maxwell
deported himself as a fugitive from
Justice. the state introduced. evidence
that DR.. Maxwell had had his letters
come to him here addressed TO other
persons. Ne evidence was adduced
that he had lived here under an as
summed name s@tF ~
Samuel Ruddock. a Cleveland detec-
tive, test1ned that in epdeaVorlng to
locate DR.. Maxwell he had called on
lDr. Benign, Yha .tqg.s oyer Dr. Max
AwelRs Office esEssTltqU seenied knowing
ixwells -,Yhereaboutss -wheTeupon
HHddock secured a search warrant and
@aUsed the ofsee to be searched. He
swore that be found letters in the Of
flee from Or. Maxwell to DR.. Benton
showing that thea-feFn4er- was in Salt
Lake - - ss== F.,
New Effort for Freedom.
Another writ Of habeas corpus was
obtained in the district court last night
by Brigham -Glegg and A W. Hop
paugh, attorneys for the defense. and
Judge -ArhRf eraefed4 Chief of
Police Georgia. Sheets to bring DR.
Maxwell vbefQhet the district court at 10
o'clock Monday morning County At
torrey P.1PLs Christensen had two war
rants sworn out charging. DIR. Maxwell
with being a fugitive from Justice.
County Attorney Christensen said
last night that as often as DIR. Max
we'll was released upon habeas corpus
proceedings be- would be rearrested
andF throRsl DlS nail