| Show ARGUMENTS IN INTHE INTHE THE 1 i 1 t Attorneys Atler eys Present Th lr Claims Before J dg Mor T Today J u IH IS OVERRULED L I Ihle S menu i ill Hate to III m lion An As It III I h JUdge Morse this morning hoard the lie arguments on tho the demurrer to tho tIm In Iii Information formation charging Dr E B I L with yUh n In the th second se degree for forthe td the killing of Mitt Miss Anna Annl D I Hili on eli Dec 20 2 1002 and at nt the conclusion of at Ilie saina he ordered or ered the thi demurrer over overruled overruled overruled ruled Hp tJ Dr will have havo to go IO to 10 trial on em tho tue Information as It Il now no stands Ally Alty representing tho tIme defense demurred to tho the Information on oil statutory grounds and amid nn contended In hU his argument that hat It should be moru 1111 chic In that two separate charges shOUld not be tie contained 1 In one olle count as ns In the tho Information but each should be bo set Bet out In separate counts so that hint tho the could know which to rely upon Ullon Mr argued that the tho Information tion fia AS it t stands alleges that lint defendant ant administered the poison to 10 Miss lUll Ill for forthe forthe the purpose of ot tendering rendering her unconscious but does not lIot directly charge i that tho the poison aulson was the tho causa of or death Then In the lie same count It Is 11 alleged that defendant performed a n criminal operation upon the time young lady ad that both acts actu caused which resulted In her hor death The Tho ho at lit attorney torney argued that I ho t It was Wa os not nol alleged that the poison polson was tho the entire causa of ot death or that time the operation was the tho cause but hul that both together caused death hence the tho defendant should not be bo com corn compelled to go to trial upon any such luch general charge but Jut tho the allegations should bo be made mado certain mind and separate and the tho state compelled to elect upon which charge If it Intends to 10 rely reI so BO that hat defendant will not be compelled to meet both charges charged In such a it general manner argued that the tho lie combination of or tIm the causes of at death as ns set sel out In the th Information were properly joined In one ono count and that It U ts unnecessary to separate them He lie read rt rent all from a n number of ot authorities which vero vere In tn accord with his conten contention contention contention tion Judge Morse then ordered tho the demurrer overruled and tIme the defendant again entered catered his plea pica of at not guilty to the charge which was wal entered of rec record ord During Durin the tho session of ot court Mrs Payne and her little daughter entered the courtroom and amid after affectionate affectionately ly h I greeting r the defendant they occupied beside him hini during durin tho the remainder of ot the session |
