Ogden Evening Standard | 1910-11-30 | Page 5 | Dying Statement Not Admitted

DYING STATEMENT NOT ADMITTED CAMBRIDGE, Mass. Nov. 29 The question of what constitutes a "dying declaration" overlaid all others at the second day of the trial of Hattie Le Plane, charged with the murder of her employer. Clarence F. Glover, a Waltham laundry man. Judge Pond listened all day to the evidence of those who stood around Glover 'A his la?t hours Nearly all toese witnesses were positive that Glover had accused Hattie Le Blanc, but many said he hesitated In making u declaration, and others testified tha bo "ntlnually asked the doctors to operate upon him, remarking that un less they did so he was sone. Does Not Admit Declaration. District Attorney. Hlgglns said he was surprised when Judge Bond, at the opening of the session today, de elded not to admit this "dying declaration.'' declara-tion.'' until he he-aid the evidence to substantiate it But in the afternoon when Judi;e Bond announced that there would be no reference to the statement in the opening of the case lo tho Jury, the district attorney declared de-clared that unless this statement of Glover's were allowed lo the Jury, the case of the prosecution would bo very vv eak. The pleadings of the district attorney attor-ney were so vehement that Judse Bond said he would withdraw his decision de-cision and would render tomorrow decisions, de-cisions, first, whether the district at-tornev at-tornev should be allowed to refer to the declaration, and second, whether it should be admit'ed as evidence.