The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1922-10-21
NJ NALLY
FARCE IS
/: E:NDED
State Fails to Produce Evi-
dence, Cleveland Throws
Case Out of Court


the evidence which IT introduced,
nope to fast-n upon Hazel McNaily
the guilt of numbering her twin
babies? Where were the midwife
and the doctors II was going to
produce?
These are the questions which
are uppermost in the minds OF those
who followed the sensational case
which came to such an abrupt and
dramatic termination In the Ham
mond city court last evening when
Judge Cleveland ordered the dis
charge OF Ine defendant and threw
the case out of court.
Judge Cleveland in summing VI
the testimony said that the state
had furnished proof that the babies
were born which the defendant at
that time had not contradicted. But
he stated there was no evidence of
death or that CRIME had been
committed
COURT SUMS UP CASE
AS Judge Cleveland started to
sum up the case. breathless silence
settled over the court room. The
close-packed welter of humanity
which had sweat and fidgeted
through tie hours of argument Of
attorneys since court convened. be-
came fixed in an intent listening
attitude. fearful of missing a single
word from the courts lips. 1t was
4 o'clock. Many Of them had been
in the room since o'clock in the
morning
Attorney Samuel Schwartz for the
defense had fled his written mo-
tion asking for judgment and dis
charge for the defendant. He had
given his supporting argument. He
attacked the venue. charging that
the state had not proved that a
crime was committed In Lake coun-
ty. He declared that the state had
failed to establish the corpus de-
y yiiAtt& the sfactsxRscessarv TO show
that a murder had actually been
committed.
CALLS 1T DOLL HOAX
Attorneys Todd and Jellison for
the state insisted that they had
proved the twins We're born and
that acts Of violence had been COM
mitted as attested TO by the blood
seen on the babies IN two instances.
They argued that the defendant had
never satisfactorily accounted for
the disappearance OF the babies in
her conversations with state wit
nesses.
Il defy Schwartz with all his re-
sourcefulness. and I suppose he has
read lots OF detective stories. to
furnish a motive for this doll hoax
which he maintains. It can't be
done" thundered Jellison-
She couldn't have wanted to ring
in a fake heir on this man because
he was not old and close to the
grave; he had no property; he lived
| in a rented house and was working
| by the month.
WANTED TO PLEASE HIM
"He says she wanted to satisfy his
desire for children. She wanted to
please him. She hadn't shown such
tende ncies in other respects.
Weren't they quarreling all the
time? Didn't she throw the dishes
and clock and everything else handy
at him in every little fit of anger.
No. he wasn't craving to play with
| children He had a young wife. He
had two grandchildren. His wife
brought a 7-year-old son into the
| home with her.
And If she wanted to please him.
why on earth did she elect to pre-
sent him with a pair OF twins with
| in eight months after their mar
rtase? In the average home that
would have meant a fight right
away"
Schwartz consumed another nve
minutes in replying
| WHAT STATE HAD TO SHOW
Judge Cleveland N his remarks
said that he could bind the de-
| fendant over only on probable
| guilt.
| TT must he proved by the state.
he said. that the babies lived. II
must be proved by the state that
the babies are dead and that cir
cumstances show probable cause
/ that the defendant was responsible
| for the deaths. Circumstantial evil
dence must be so strong as TO ex-
clude every hypothesis Of innocence
This cases center is about the
| one first cited and quoted by both
| counsel for the state and defense
1t must be proved that they are dead
and that the means of death be
accounted TO the defendant"
Following further reference tc
cases which had been cited in the
argument, ne said that 1t must be
proven that someone is dead before
there can be a conviction.
DEATH NOT PROVED
TN this case" he said. lit has
not been proved that the infants are