The San Francisco call., 1910-10-01
new ORDINANCE
TOSOUND KNELL
OF MALPRACTICE
District Attorney Fickert to
Endeavor to Abolish the
Evil in City
Grand Jury Returns a Second
Indictment Against DR."
Thompson

afternoon returned q second Indictment
against the accused practitioner. hold
ing him to answer charge Of violating
section 2sO OF the penal code. which
provides that the unlawful mutilation
Of a human body is felony.
The action Of the grand jury in re-
turning the second Indictment against
Doctor" Thompson was a precaution-
AIRY measure 10 prevent his release in
the event that his attorneys could free
him. from the murder charge on techni-
cal grounds. From sthe evidence ad-
Suced so far at the coroner's inquest
and by the grond jury investigation
there are few who believe that Doc
tor" Thompson Will escape the murder
charge. However. there is always
possibility that the peculiarities Of the
law may provide him a loophole to go
free on this charge, and it was the
consensus of opinion among the grand
Jurors that, II the malpractitioner
should not be held for murder, there
IS at least sufficient evidence to try
him on the charge Of willfully mutt
lating the body Of Eva Swan A con-
Viction on this charge would carry with
IT a sentence not exceeding five years.
NURSE COLLAPSED
While the grand jury was in deliber-
alton over the second Indictment of
~'Dr" Thompson. down at the city
prison there was being played another
act in the sordid drama depicting the
visitation Of punishment which has
come TO at least one Of the principals
involved in the doing away of Eva
Swan Supported by her faithful sister
on one side and her brother in law,
August Borman, on the other. Marie
8fesseTschmidt the nurse employed by
Or" Thompson. was led from the city
prison a lettering wreck IN mind and
body Miss Messerschmidt was far re-
moved from the same woman who,
when arrested with her lover, DR..
Thompson. last Friday night, denied
that she knew anything Of the death Of
Eva Swan. Her Incarceration in the
city prison and the sweating process
of the third degree coupled with the
tragic scene when her brother in law,
August Borman, showed her her
mothers picture and secured her COM
plete confession. all had left marks on
the once aippant woman.
Completely broken in spirit and real
szjng the enormity other wrong doing.
Marie Messerschmidt collapsed in the
city prison early yesterday morning.
At the suggestion Of the detectives
IN charge Of the case the district at
rorney ordered that the nurse be re-
leased from the prison and allowed to
Berkeley. She will be cared for by her
sister and friends and every effort
will be made TO restore her strength
50 that she may be IN condition, men
tally and physically. to appear at the
trial of Doctor" Thompson and give
the testimony against him contained in
her confession.
SPEEDY TRIAL PROMISED
The murder Indictment against ''Dr."
F1,a nd issr
al an early hour yesterday morning.
will enable the district attorney to
bring the mslpra actftioner TO a speedy
trial The Indictment for murder pre-
cludes the necessity of a preliminary
examination in the police court and
brings the accused directly TO the bar
Of justice in the superior court.
Thompson will be brought before Su
perior Judge Frank II. Dunno for ar
raignment OF Monday morning. The
district attorney will ask for a quick
trial and the only delays will be such
as the attorneys for the defense see
ft to impose.
Outside Of the returning of the sec
ond indictment. the only new develop
ment in the case came yesterday after
noon when Detective Ed Wren. who
has charge Of the case, received q tele-
phone message from a man who
claimed 10 be the writer or the anony
nous letter signed IS. L g" The let
ter was received by the police Tuesday
morning. and alleged that Paul Parker
and Mrs. Carrie Ware. the landlady at
whose house Parker and Eva Swan
lived. were both eognizant of Miss
Swans condition and had applied to
the writer (who claimed TO be a reputa-
bic doctor) TO perform criminal oper-
alton. The letter was pronounced a
4canard-