The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1908-08-07

On Tuesday morning at 10 o'clock
the court convened for the hearing
of charges against DR.. F. w. Nit
.chell, alleged to have performed a
surgical operation for Miss Mary
Robb which resulted in her death.
The state was represented by VIM.
Mcconnell, prosecuting attorney for
Bingham county and w. H. Holden
of Idaho Falls and Jas. H. Wallis
of Rexburg representing the rela-
tives of Mary RObb, deceased, the
three last named gentlemen work
ing jointly in the prosecution.
The defense was represented by g..
F. Hansbrough Of the firm of Hans
brough & Gagon of Blackfoot, and
Jas. HI. HaWley of the firm of Haw-
ley, Pucket & Hawley Of Boise.
Judge Karl S. Fackrell of the pro-
bate court presided, and Daniel Ha-
mer of Ogden served as stenograph-
er.
There were about thirty specta-
tors in the room and Miss Elizabeth
Robb was sworn. ~
Attorney w. H. Holden asked the
court for an order excluding witness
from the court room.
Attorney j. H. Hawley asked to
have the order modified SO as to al
low expert witnesses such as physi-
clans to be allowed to remain in the
room. This was decided and all wit
nesses were asked to retire from the
room.
Miss Robb Identifies Corpse.
Miss Robbs testimony was to the
effect that her sister Mary Robb died
at Blackfoot on July 13, 1908, and
was buried at Wilford on June 18th.
That on June 2Sth the body was ex-
humed and she identified the remains
as those of her sister, Mary Robb.
DIR. Hyde Tells Of Conditions.
DR.. Hyde of Rexburg was sworn.
Hawley Renews Motion.
Mr.. Hawley asked that physicians
who were to be called to give expert
testimony be permitted to sit in court
to- hear DR.. Hyde's testimony, it be-
ing his supposition that expert testi-
mony was about to be given.
The Court: The court has ruled on
that Mr.. Hawley.
Mr.. Hawley: But / am making
new motion.
The Court: The motion will be de-
MED.
Mr.. Hawley: Note our exception,
sir
DR.. Hyde's testimony was con-
cerning surgical operations that had
been performed, as shown by the
autopsy. The examination lasted
from 1920 a. m. until $50 p. M,
and was conducted in kindly cour-
teous manner by attorneys on both
sides. Little If anything new was
developed, differing from his testi-
mony in the hearing of Kite and Sa-
yer two weeks ago.
The court adjourned at $3.50 to
convene Wednesday at 10 a. M.
Wednesday, 10 a. m.
DIR. Davis was examined this af-
ternoon and Shorty Humphrey was
called next and is now on the stand.
Shorty Humphrey and Nettie Say
er were on the stand this afternoon
and their testimony was a reptition
of that given before.
Testimony in the Robb case pro-
ceeded tediously most of the week,
much time being taken up with ex-
pert testimony by physicians to show
whether certain surgical work was
well done or not, and which was
done first according to appearances
at the autopsy. Today there we're
but few spectators in court, and the
time was taken up connecting the
events which appear to be of but lit
tie Importance, but they form
chain of circumstances which seem
to prove that the criminal operation
upon Miss Robb was done between
9:15 and IL on the morning of June
9th, but who did it or where it was
done is as yet not touched upon. That
period is veiled in mystery, and in
terest in those three hours grows
more intense as more of the unfort-
unate incident comes to light.
Miss Nettie Sayer was on the stand
for lnnn TINA ,,nAavs xho ~s~sz