Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-12
Lewiston Doctor Acquitted
By Judges Instructions.
AiiorneylGen. Wilson Makes a
H Request, as No Case.
DING declaration Of Dead. Girl Is
~ Refused as Evidence.

Lewiston, Me-, May 10.--The Donnel
murder trial came to an abrupt end al
3.13, Saturday afternoon, when At
torney General Wilson requested jus
1ice Haley, presiding at the trial, to
instruct the Jury to return verdict
of not guilty. The judge complied with
the motion and without leaving its
seats the jury, through Foreman Lord,
announced that they had reached a
verdict in the case and that the re-
spondent was not guilty
The first intimation which spectators
received that anything of this charac-
ter might occur was when, immedi-
ateiy after court came in, Saturday
AFTERNOON, the attorney general had a
TAX with the court as did also attor-
neys for the defence and then all of
them retired to the private chamber
Oh Justice Haley for conference.
IL WIS at the conclusion of this con-
ference that the attorney general made
the motion which brought the trial to
q close.
In making the motion to have the
jury instructed TO return a verdict of
not guilty. the attorney general stated
that 1t was the judgment of himself
and County Attorney Hines that the
state had failed to make out n case
suffieient to warrant the jury in re-
turning verdict of guilty. Under
5uch conditions they felt it was the
better way to halt the proceedings
mere and have the respondent released
without forcing the county to bear the
expense of further prolongation of
this trial.
In instructing the jury to return the
verdict of not guilty, Justice Haley ex-
pressed himself as being in complete
accord with the council for the State
and feeling that they were acting
wisely
Justice Haley refused to admit as
evidence the dying declaration of Miss
Emma L. Halt, the alleged victim of
the respondent.
The declaration was not offered by
the prosecution until the last thing
at the Saturday morning session of the
court Up TO that time the evidence
of the morning, exclusive OF the testi-
mony Of Mrs. HELEN Hall, mother of
the dead girl, had heen for the pur-
posi- CT laying a foundation to the
statement. When the statement was
offered by Attorney General Wilson
Attorney Cakes and Atwood entered
q vigorous protest and after consider
able discussion the presiding justice
raicd that it was inadmisible.
Mrs. Hall. mother of Emma. was the
first witness of the day. Her story
Z was told in subdued voice, so low
s that it was frequently necessary for
h the court to admonish her to speak
4 louder. She was not the least agitated
fiuEing her ordeal on the stand. The
6xhmination of the mother was slow,
the REORGANIZATION being very
much prolonged because of repeated
Injection to questions by the states
Attorneys.
The other witnesses of the morning
wer4 members of the police depart
aaent. who interviewed DR.. Donnell at
the time of his arrest ana Drs. sleep
Ell and Webber, whewerc recalled for
the purpose of making statement
which would act as a foundation for
the Introduction of the dead girls
ante norton statement.
When the statement was refused adj
mission the State announced that It's
a5cnee was completed. Court then took
(. N recess until afternoon, at whiek
time the defence began the presenta.
ton OF its case to the jury. ~ >