Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-22

Cambridge, Mass, Sept. I'll
Charges by District Attorney Arthur
*. Reading of Middlesex county that
motions of defense counsel in the
Tyngsboro suit case murder case
were made for the purpose of forcing
the state to disclose evidence upon
which it hoped to obtain conviction
of the defendants featured a legal
battle before Judge Mcleod in SUI
perior criminal court today
The court room was crowded with
spectators as the second day of legal
PENDANTS, DR.. William NJ. Robb of
Boston and DR.. Dalva d. Swope of
Brockton, charged respectively with
first degree murder and with being an
were led in handcuffed. The physi-
| clans were arrested on indictments in
connection with the death of Mrs.
Alice M. Wolschendorf OF East
Bridgewater, whose dismembered
body was found in two suit cases in
! the Merrimac River on September l
and >. The district attorney has an
| nounced that he has evidence TO
prove that the woman was last alive
entering DIR. Robb's Back Bay offices.
Today's session ended with argu-
ments completed on motions. filed by
| defense counsel Yesterday and today
,S1- inc a n iy,1 ~
| quashed, that a plea of abatement be
granted and that a justice and jury
decide upon the legality of the in
| dictments.
The defendants have not yet plead
ed to the indictments.
Attorney John z. Feeney, counsel
for DR.. Robb. directed most OF his
| arguments in favor of n jury hear
| ing of the motions. He based his
! plea on the allegation that no valid
and legal indictment evidence was
returned by the grand jury because
| absolutely no legal evidence was sub
| mittcd tending to prove that a crime
| had been committed. He pointed out
| that only three persons had testified
and urged that none of these had
testified to any fact or circumstance
! establishing commission of crime. He
! cited authorities to show that trial
! jury on a plea in abatement should
! be granted when an issue of fact is
! raised by such a plea.
| Attorney J. W. Murdoch. counsel
/ for DR.. Swope, also questioned the
! legality of the indictments and raised
! the question of jurisdiction. asking
| that the point be decided by a jury
at the same time that the validity of
! the indictments was aCed upon. He
/ 4 IaI la+ a
MiddleseX county court had no
! Jurisdiction the defendant might be
! tried again in another county and
would be Unfortunately before the
| courts.
District Attorney Reading charged
/ that the defense sought double trial
which would provide the unusual and
/ unheard of spectacle of grand jury
placed on trial by a petit jury. He
declared that the motions were en-
! tered with intent to delay the case
! which he was determined should be
| brought to trial in october. He said
| that the proposal of the defense to
| have a double trial. was merely a
! clever and roundabout plan of at
tempting to learn the governments
! case against the defendants.
| When Attorney Feeney refused to
; cite cases on which he based his plea
! for jury trial on the abatement mo-
! ton the district attorney jumped up
! and said:
We'll. IL you have them, show
! them"
| Feeney replied heatedly: you're
! not directing me and 1 don't think
! YOU ever will" Bitter exchanges be-
! tween the counsel occurred frequent
! ~.
! Judge Mcleod will hand down an
/ opinion on the motions before Mon
| day afternoon when the litigation will
! be proved.