The Delta independent., 1919-12-05
DR.. MACE AND MRS kEHR VIM
DIcATED OF AWFUL CHARGE

which the life of a man hung in the
balance and the reputation OF WON
an was also at stake, Judge s. Fair
lamb Tuesday afternoon declared that
he had heard no evidence which could
Justify him In holding him for furth-
trial and the case of The People of the
State OF Colorado versus Ralph d.
Mace was dismissed.
The case in question was one In
which DR. Mace was directly charged
with the wilful and malicious murder
of Mrs. Ada Seager, wife es Adam
Seager, Senior, of Hotchkiss, on May
25th last Mrs. Ella Kehr, a close
personal friend of the family. was
arrested as an accomplice and de-
tanned in a Los Angeles jail Tor near
Iy three weeks. awaiting the outcome
of the preliminary hearing of DR..
Mace.
The State was represented by Depu-
ty District Attorney Charles e Blaine,
and Willis R Hiuman. Of Hotchktss
appeared in behalf of Adam Seager.
Jr., the complaining witness, and Mr..
Hinman conducted the prosecution al
most in toto.
Arrayed against them was John X
Charlesworth, attorney for Or. Mace,
and Adair j. Hotchkiss. appearing in
Mrs. Kehr's interest
The case was bitterly fought step
by step and from time Of the po-
ening remarks of the prosecution I'LL
the last word had fallen from the lips
of the attorneys arguing the case. was
punctuated with sharp criticisms,
first of some witness and then of
some other attorney.
The charge against DIR. Mace and
Mrs. Kehr grew out Of n slight opera
ton performed by the surgeon upon
the person OF Mrs. Seager on May
22nd iast, following which the patient
died three days later. The evidence
disclosed that through repeated efforts
were made To secure trained nurse,
there was none available, and that
Mrs. Kehr. who had had some eaper-
ience in practical nursing, volunteer-
ed her services.
Before the hearing hnd proceeded
very far the charge had shifted from
wilful and malicious murder to in
voluntary manslaughter. brought on
by mnl-practice and negligence.
Mrs Adam Seager. Jr.. was the
first witness for the prosecution. She
stated that DIR. Mace had not given
the patient instructions as TO Diet
had not properly sterilZeo his surgi-
cal instruments. had not property
cleansed his hands. had not worn a
proper surgeons apron during the op-
GRAFTON; had handled an unsterilized
grip from which ne produced some
suturcs, and had not washed his hands
thereafter; that in order 10 afforu
sufficient light, at his instance the
hangings from the window had been
removed, and that the surgical in
struments had been placed on dress
er nearby unprotected; that the in
struments were laid on towel OF
cloth not sterilized; that the opera
ton was performed upon bet with
the bed clothing which the patient had
been using and had MOI been render
ed sanitary.
Adam Seager, Er.. followed his wife,
and although he stated that he had
mot Witnessed the operation. he had
attended his mother duirng the might
and said she complained OF being
left alone Both he and his wife ad-
united that Dr. Mace had anade nine
visit to the Seager home in the three
days intervening between the opera
.tion and the death OF the patient
He stated that at 2 O'Clock In the
morning Of me day on which Mrs.
Seager passed away, he had called Dr.
Mace to see his mother at which time
a ,hypodermic wns administered; that
his wife asked the doctor to remain
until Mrs Seager had awakened but
that the doctor said that she would
probably sleep for several hours ana
that his wife (Mrs. Mace) would not
be able to sleep while he was away;
that he left soon afterwards and did
not return until Z o'clock.
On cross examination OF Mrs. Adam
Seager. Jr., 1t developed that month
or SO after the death of the elder
Mrs Seager. when such unsapitary
acts were done, she called at DIR.
Mace's urficc for treatment, once for
herself and twice for her baby. 1t
also developed on cross eNamina-
tfon of Adam Seager Jr.. that the
idea of wilfui negect and consequent
death of his mother. followd the In
tercpting OF letter from Mrs kehr
to Adam Seager. Sr.. indicating that
an unusual affection had sprung up
between the two.
Dr.. Mace testified In his own be-
half stating that he was graduated
from n medical school in Toronto
Canada; that he had received his H.
cense in 1915; had license to prac'