The Washington times., 1923-09-21


as fast as they were filed and pre-
sented them to the court, The an
sWers were blanket dAnials to all al
legations contained in Attorney
Feeney's motions.
Frequent tilts between prosecutor
and counsel for defense followed
The district attorney, pleading for q
speedy trial, declared Feeney's mo
tions We're slowing down his prog
ress. He wanted to argue the mo
tions without leaving the courtroom
Feeney insisted on time to present
a brief for consideration of the
court. Feeney declared il the cOust
ruled on his motion for a. jury trial
on the validity of the Indictment ne
was willing to accept q ruling and
take exception.
Feeney Wins Point.
Judge Mcleod finally decided the
matter, much against the will of the
district attorney, by setting today al
Q o'clock as the time when Feeney
will argue his motion for jury trial
Reading pleaded the motions be
argued before adjournment yestef.
day, but to no avail.
kAI11Q4A6 Jl1O HI % GAeAA ASAIS Ss1Sse
Feeney found IN the indictment
Of first degree murder against DR.
Swope and which he included II
his motion were the following:
No legal evidence tending to
show DIR. RObb was guilty Of
any crime or OffeIise was sub
nitted to the grand jury.
That the district attorney
offered in evidence through his
stenOgrapher, Miss Anna Man
ming, the dying declaration Of
william #. Bowen, who is not
dead, and that, he being alive,
this statement could not be
offered to the grand jury i'm the
absence of the defendant.
That neither Miss Manning
nor State policeman Stokes, the
witnesses before the grand jury,
showed any evidence that DIR.
RObb was guilty Of murder In any
degree, or any other crime.
That the grand jury made no
Investigation Of the case and
based the Indictment on ineOm.
petent and inadmissable evidence,
and that all Of the statements
were made improperly before the
grand jury by witnesses.
What promises to be the mos
tangled and interesting Of Grim
fnaI cases in this commonwealth
was further plunged in legal chaos
q few minutes after Feeney'i
barrage of motions ceased and
Judge Mcleod ruled he would heal
his arguments today. by the case
OF DR.. DaIva H. Swope. Broektor
physician indicted as being acces
sorry before and after the fact oi
the alleged murder Of Mrs. VOL
schendorf.
DIR. SwOpe Writ Misdated.
Attorney James w. Murdoch ap
peared for DR.. Swope. He startet
his fireworks by the announcement,
that the indictment against hi:
client was misdated, and asked thC
court for the protection of hi;
client until TODAY. when he WoulC
file a plea of abatement on these
grounds asking for the discharge
of DR.. Swope. The indictment, he
contended, was dated three days
before the indicting grand jury
convened.
He also announced that with
consent of the court he would
question the validity Of the indict
ment against DIR. Swope, on thf
grounds that he was indicted by
a Middlesex grand jury and that
the crime was committed in anoth
er county.
DIR. RObb Self.P Possessed.
DIR. Robb sat in the prisoner &
cage entirely self-possessed and ap
parently fully at ease. No one OF
the throng that swarned about the
entrance of the court room and
filled every seat appeared less con
cerned about the whole affair than
the surgeon in the steel barred
cage, charged with murder.
DR.. Swope occupied the cage
with the Back Bay physician and
was quite figedty during the pro
ceedings. Neither physician spoke
to the other during the three hours
they shared the prisoners pen.
Although District Attorney Read
ing fought desperately and came
into court prepared for any move
that Feeney might make, Feeney'
motion for jury trial to determine
the validity of the indictment was
surprise. The prosecutor and
counsel for defence broke the tellse
pess OF the situation severa
times by passing compliments tc
each other. Even Judge Mcleod
Joined in the bandiage when he
replied to Feeney's request for a
transcript of all the nice things
Reading said about him by reply
ing: Il don't think the county
could afford it,"
Seeking Missing Head.
While the legal battle over the
indictment of the two physicians
was on in East Cambridge, Stats
detectives were in Chelsea, Hudson
n. H, and other towns along rh'
Observation-Disclosures Hampshire bor
Ter seeking a trace of the MISSING
head of Mrs. Wolschendorf. Dozens
of camps were searched and Pc
sons along the route from Marlow
N. H, to Boston were interviewed
Other detectives were busy seek
ing the missing nurse-the woman
who attacked Mrs. Wolscnendo"'
in her last hours. and who hold:
the secret Of where and how dcatF
occurred. Still others were seskins
physicians other than the two in
dicted, who We're supposed 10 have
been consulted by Mrs. Wolschen
dorf before her alleged visit to DR.
Swope at Brockton and DR.. RObb
at 35S Massachusetts avenue.
n n