Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-09
BATES is GUILTY.
CONTINUED From Page One.)


inal operation and she told him such
was the fact on the second day of his
visit He did not prescribe fer her
other than advise her to go to bed.
DR.. Peabody says that on Aug. y.
y hen he visited her for the last time
that month. he examined her and pro-
rounced her entirely cured from the
, ffc,ts Of the operation. Drs. Peabody
and Libby were Gale to the klncald
ho.ne again in November. They found
her suffering with another abortion
which in their judgment had been per-
'crmed from 10 days to two weeks be-
rore.
1t is the second criminal operation
that caused Winnie Kinca1d's death.
8, the defence claims. And the State
Goes not attempt to connect the re-
spondent with any other operation than
one alleged 10 have been performed in
August and sworn to in the death-be
statement of the girl.
The defence says that even if the
state satisfies the jury that the re-
spondcnt did perform a criminal opera
sion on Winnie Kincaid In August
which is denied by Bates, that Bates
cannot be convicted under this indict-
ntent for manslaughter. In that case
he would be guilty only of performing
the operation. as the girl recovered.
County Attorney Stctson's argument
vas forceful. eloquent, we'll planned
He argued with the same thOroughneSs
with which he has tried the case.
The State answered the contentious
If n hcfepcn hN, claiming that the
evidence warrants the conclusion that
there was only one operation and that
this was performed as was alleged in
the Indictment and sworn to by Win
ne Kincaid before her DEATH County
Attorney Stctson argued that the con-
Iition of Winnie Kincad, as disclosed
at the autopsy, could not nave result
cd from an operation performed two
weeks before He said the condition
that showed the septic poisoning was
Of long standing and had beer work
ing slowly in her system from the op-
Grafton in August.
All the technical evidence relating t,
.'is"ascs and results of criminal opera
tons was argued skilfully by attorneys
.tl 10Th sides.
Justice Peabody's charge was abso-
'utely impartial and fair, giving re-
view of the evidence as presented and
instructing The jury to find according
to the evidence.
The defence scored an important
point late Thursday afternoon in Sc
curing the exclusion of testimony
which the State was endeavoring to
draw out on the cross-examination OF
Doctor" Bates.
Did you ever perform a criminal OPP
Grafton on anyone " asked County At
torncy Stetson.
NO. answered the witness.
Have You ever told anybody that
you had?"
Attorneys Drew and Plummcr We're
on their feet in an instant and raised
loud objections. The jury was excused
while the point was being argued After
listening to the remarks OF counsel
Justice Peabody excluded the ques-
ton.
1t DR.. Bates dad testified that in tho
negative the state would have cndeav-
ored to impeach him by witnesses who
We're then waiting in the court room
During the crosS-eNamlnation of
Bates it was brought out that he had
worked in the offices of Dentists Web
Der and Rowe. He denied ever having
practiced medicine and said he never
as a doctor or dentist
He said he never had used sign or
the title of doctor. County Attorney
Stetson produced some cards bearing
the title of DIR. +. NJ Bates. Witness
said they were sent to him by pub
fishing house.
Witness testified that he bought four
Of the surgical instruments of Mrs
Danforth. formerly Mrs. Small. which
Mrs. Danforth's testi-
nicny. She said on cross eXamination
that he must have bought dentists in
strumentS of her.
You were going with Winnie Kin
,aid. weren't YOU" asked County At
.orncy Stetson.
mo, sir
Whom were you going to her house
q see. Them
"l'he whole family"
Coming to the doucho evidence, wit
ness re-described the treatment. He
said he had owned the syringe 10
,ears but never had used it until then.
How often did Winnie come to your
,ifice?''
Three or four times during her life.
Will you swear that she didn't come
0 times?
Yes. sir.
Ten times?
| don't think so.
Bates say Winnie at her home Aug.
I'd. She was ill.
Was Winnie kincaid ever at your Of
ice after October first?
No.
Did you see her after that?
On the street
Were you on good terms with her after
hat!
Yes.
Witness did not know what her health ,
vas in October. He didn't think she
,.,,r, 1yo tho |