| Show r BAFFLED AUDIENCE i I The Examination in the Abortion Abor-tion Case Begun GLEAKLXG THE COURT ROOM Judge Dickson App < < ars upon the Scene and Is Determined Push I The Case Through The Police Court was crammed yesterday yes-terday morning at 1030 oclock with an insatiable crowd eager to hear a recap tulation of the details in the Irons FowlerEvans case Messrs Bennett and Kirkpatrick were present for Dr Fowler Mr Denny represented Mr Irons both principals entered at 5 minutes past the half hour and the following witnesses were seated upon the witness bench Mr and Mrs Milando Pratt Mr Jones Mrs Evans Mrs Neilson Drs Hamilton Richards Bowers and Carnahan and Professor Andre Mr Waddell Prosecuting Attorney for the County Mr Fletcher his assistant and Mr Z Snow represented repre-sented the prosecution Judge Speirs was on the bench MR SNOW said if the court were ready he would proceed report told him that the principal witness for the prosecution was still feeble he knew nothing about it himself he said but he had no reason to doubt its truth The other side suggest sug-gest a continuance for one week and if it is agreeable to the court I will consent con-sent to a postponement till next Tuesday Tues-day morning JUDGE SPEIRS said that he had no objection ob-jection At this point Mr W H Dickson United States Prosecuting Attorney 7 entered en-tered the courtroom He held a wnis pered consultation with Mr Snow for a moment and that gentleman then said I requested Mr Dickson to come up and confer with the prosecution in this case He informs me that the Grand Jury is about to adjourn and if this case is to come up before them it should be urged along MR DICKSON The Grand Jury is anxious to adjourn and if this case goes over for a week I dont think they will remain in session MR DENNY We are not prepared togo to-go ahead MR DICKSON What is the reason I have not heard it f MR BENNETT We have Dr Benedicts Bene-dicts certificate that the principal witness wit-ness is unable to attend We desire that all the witnesses should be examined ex-amined at once MR DICKSON The prosecution could proceed to examine its other witnesses Mr Snow informs me that this would occupy several days If the young lady IN not well enough then the court might adjourn to the hospital JUDGE SPEIRS ruled that the doctors certificate could only affect the young lady herselfnot the other witnesses The motion for a continuance was therefore overruled MR BENNETT In behalf of my client Dr Fowler I waive the examination MR DENNY I waive examination in behalf of Mr Irons Mn DICKSON The gentlemen may waive examination for their clients but the prosecution does not waive its examination ex-amination of the witnesses We wish > to proceed to that MR BENNETT While the Grand Jury is in session 1 MR DICKSON Yes We want to have the testimony of all the witnesses written writ-ten down here read to them and signed by them then when the case comes up for trial if any one of these witnesses has left the country or died we have his testimony in existence if this testimony testi-mony were taken down before the Grand Jury we would be forbidden by the statute to use it in Court MR KIRKPATRICK We object to this I testimony being taken piecemeal The only object of hearing it now would be to fix bail and we now ask your honor to name any amount you may sec fit This case has excited considerable feeling feel-ing in the community and I submit jc not fair to Tinvp tlie ffistinmnv sent tered broadcast through the public press at this stage JUDGE SPEIRS decided to takQ iu adjournment ad-journment until 2 oclock to allow time tor the citation of authorities At this hour court reassembled in the Legislative Chamber up stairs to allow accommodation for the crowd which was in attendance Principals counsel I and witnesses were promptly OIl hand I Mn SNOW opened the proceedings by f stating that the prosecution were ready MR BENNETT said that he had a decided de-cided objection proceeding the Grand Jury was even now in session and that is the proper forum before which this case must be heard He was ready with any bail excessive or nonexcessive MR DICKSON was about to quote his I authorities when Mr Bennett conceded them but claimed the present I question was in the discretion of the court Mr Denny argued I against proceeding claiming that the defendants waiving exammationshould place the matter before the Grand Jury Mr Dickson then read his authority and said that before the case con Id come to trial next March one of the witnesses might die and his testimony be lost Mr Bennett answered by claiming that preliminary investigations are only held to determine the amount of bail He was ready with any amount the court might exact He conceded in answer to Mr Dicksons questions put at this moment that no testimony given before the Grand Jury could be used iu court and that any testimony given before Judge Speirs might be soused so-used JUDGE SPEIRS held that the waiving oi the case by the defense did not deter the presecution from examining its witnesses and ordered the case to proceed pro-ceed JUDGE BENNETT then administered the following thunderclap to the hungry crowd Your honor I move then that all witnesses except the one on the stand be excluded from the room Also that the court room be cleared of all specta tors This blow aimed at one of the privi leges which has always been held most dear to the hahitues of Godbes corner was well nigh paralyzing in its effect Mr Dickson stated that lie thought the order entirely proper and j the Judge so ruled The crowd thereupon there-upon reluctantly arose and slowly filed out of the buildm The building complaint was read beforehand signed by Lizzie 1 Evans and charging both Mr Irons and Dr Fowler of procuring the abor tion and us the reporter left the room I the witnessesnine in numberwere being sworn and Dr Carnahan was about to take his place upon the stand The Court remained in session until 5 oclock Dr Carnahans examination occupied two hours Milando Pratt was then placed upon the stand and he was testifying when the hour for adjournment adjourn-ment arrived i the case will be resumed at 10 oclock today The order making the examination private in our opinion is a wise one the details are not such that any one except a person of a very debased mixd would take a delight in and it is always with regret that we are forced to put SL ch things into print |
