Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 8 October 1897 — Page 7

NO VERDICT.

(Continued From Pitye Three

have the family doctor called to see thing through be. there at the finish of the conspiracy to see to it that the doctor should finish the case in the house of Phillip's father before Grace was taken home They called in the family doctor to finish what they (Hauk and Stout) had begun, and thus tiring the conspiracy to a close by assisting Grace in her miscarriage. The objection of the defense was sustained by Judge White. The Judge further ruled that what Hauk said to Dr. Olin when he lirst came to see Grace was not competent.

Dr. Olin then retired from the witness stand aud Judge Thomas asked to call Mr. McClamrock to prove that he (McClamrock) never said to Stout, '"I am sorry for what I have.said about you in this business, and beg your pardon." The objection was sustained.

The prosecution then reBted its case. The defense asked the prosecution to announce which cout^t of the indictment they would ask a conviction upon aud they refused. The defense asked the c?urt to have them elect their count. The court refused to so order.

An adjournment was then taken. It is now settled tbat Phil llauk will not testify in the cause. He, together with the reformatory guard, Gibson, and his mother left last evening for Jeffersonville via Crawfordsville. It seems that the prosecutor brought him here either on a venture or on an understanding that he would give testimony which he refused to give after he arrived. After his arrival in Rockville the State learned that Hauk's testimony would bo. such as to bolster up Stout's case rather than injure it BO he was not called to the stand. Of course, the failure of Hauk to appear caused much comment and as the State's attorneys had announced him as one of their principal witnesses the allowing him to go unexamined after he had been a conspicuous figure at the trial for two days is inclined to prejudice their case. When on Thursday Mr. Whittington was directly asked if Hauk would go back on Stout he said: "I don't know, but I do not believe that he will." Ilauk seemed very glad to leave town when he was subjected to the stares of every one. The defense did not put him on the stand as by so doing they would open up the confession question which they have studiously avoided.

ROCKVII.LK, Oct. 2.—At the opening 01 the court at 7 o'clock this morning, the prosecution asked if the defendant would admit his age without evidence. lie admitted his age to be 44 years.

At 9:30 a. m. Charley McCab made the opening statement for the defense. He offered to state to the jury the principles and law which govern the case, in conjunction with instructions of the court. The court offered a suggestion but withdrew it and gave Attorney McCabe leave to so state. It seems the theory of the defense is that Hauk could not have seen Dr. Stout on the 11th, as he was in the convention till nearly time for the train to pass going east, and that he was not in his office Saturday, Jan. 11, between 2 and 4 o'clock, the time Hauk was in Covington to see him that on Saturday, the ISth, Stout was in the country attending to his practice and did not get back in time f.o see Hauk and the girl but a minute or two, whom Hauk introduced as Grace Smith, wiio was very sick and needed attention.

McCabe said: "I think we^will prove by witnesses that her relatives have admitted at various times or at a time that Grace had used mechanical means to relieve herself, She wrote Hauk a letter, mailing it at Crawfordsvillt,, telling him she had been doing the things to produce miscarriage. We also offer to prove that Grace in her dying declarations said Phillip Hauk was innocent, that she was the one who was to blame. Wc expect to prove that the talk of Livengood with Stout could not have occurred as detailed by Livengood as occurring on Sunday morning, as Stout was in the country."

The statement of the defense occupied almost the entire morning and most of this time the jury was excluded from the room while the attorneys wrangled over the admissibility of certain evidence. Judge White ruled out the alleged letter of Grace McClamrock to Hauk in which she admits having used means herself, and he also ruled out as incompetent her alleged dying declaration. The defense took exceptions to the rulings.

The first witness was Charles York, of Covington. Knew Stout and Hauk. He was the mau brought here by attachment by the prosecution. Saw Hauk on Jan. 11 on south side square in Covington. He went from there to clothing store. Came out and went back to south side to saloon. Saw him first in forenoon or afternoon. Saw him before train l'rom east came in. Didn't remember whether he saw him before or after convention.

Ray Smith, of Covington. Taught school seven years. Was in Covington Jan. 11. Was at convention. It was

called to order after 2 p. m. After order was called Stout came in and sat down by witness O Lewis was chairman. Stout was there all the time as far as witness could tell.

Cross examination—The convention was in session one and a half hours. Question—"Did you not state at Crawfordsville that you did not know definitely whether Stout left hall or not'."' Answer, "No."

Oliver Boord—Known Stout 14 years. Was at the convention, which was not in order when witness got there. Stout was there when witness got in. Convention adjourned near 4 p. m. Knows for he had time to make 4:15 train. Went to Wabash station, but did not get to make Big Four train as it came in while he was at Wabash train. Could not say positively whether he looked at his watch or not.

Question—"Did you take a juror in this case to a saloon this morning and treat him?" Answer—"Yes. He was an old friend. He treated me, too."

Question—"You are doing a lot of work for the Doctor in his trial, are you not?" Answer—"No, I am not now. 1 haye helped a little and talked much."

Fred Boord —Is a lawyer. Knew Stout in January, 1S90, Was at convention on Jan. 31. Order called at 2:30. Saw Stout at court house when he went in at 2:15 m. Left the recorder's office to go upstairs. The county chairman was with witness. Did Dot 6ee Stout while going upstairs. Stayed at convention till after 3:30 p. m. Lewis was chairman. Saw Stout as soon as he went in the court room. He, Stout, was there all the time. It was a long convention for the business. Some speeches .were made, four or five.

George Kerr, of Hillsboro—Knows Dr. Stout. Was in Covington Jan. 11, 1896. Went on 2 p. m. train. Was in Stout's office that day. When he got to town he went to Citizens' bank to make a deposit, which occupied but a few minutes, then went to Stout's office. where he stayed till nearly time for the eastbound train. Then went to court house to see Stout. Did not Bee Phillip Hauk at Stout's otlice Jan. 11, 1896. He never came there while witness was in. Was there all the time till he went over to see Stout at court house. Dr. Stout attended witness' wife on Jan. 25, Saturday night. He stayed all night. Witness' broth-er-in-law drove him to the house. No train ran in morning to the west on Sunday, Jan. 26.

Cross examination—Stout drove to witness' house so he could return early Sunday morning. Stayed at bank 10 minutes and then went to Stout's office. Sent Pugh for Stout and then went himself.

O. P. Lewis, an attorney of Covington—Known Dr. Stout 15 years. Was chairman of convention in Covington, Jan. 11, 1S9G. Stout carne in while witness was in the chair and remained till session closed at 3:30. Dr. Stout never left the hall.

Chas. T. Russell—Lived at Covington four years. Business is on west side side square in a room at northeast corner Washington Bnd Third streets, northwest corner square. Moved there in November, 1S95, and rent of Stout. Was there in January, 1896. Is in the rear room of building. One room is between Stout and his. Witness was in his room Saturday, Jan. 18, after 3:15 p. m. Went to his room after book and changed his shirt. Heard Stout come up, recognizing him by his walk. Stout went into his office and closed the door. Just before going in he stepped back and called to his driver. Witness did not finish his answer as to Stou' calling to driver but turned off and began telling of a slate for calls on the wall. Defense asked what Stout said to his driver. Objection not sustained as to wiiat Stout told driver. Stout told driver "All right, go ahead.' Witness heard his door open and close and in five or ten min utes he went into Stout's office. The first perEon witness saw was Stout. Saw him through the glass door to his office. He was in the northwest corner of north room. Stout was at the modicine case and' witness went into the front or reception room. Saw two persons there, a lady and gentleman. They were young people, did not know them. When witness entered he walked through rooms to where Stout was, and there had a conversation. Objection to conversation withdrawn. Talked about his room rent. Stout was putting a white powder into some capsules, perhaps three or four or five. Turned and walked out. Stout came to front room with witness. Don't know what he did with powders, lie stopped near the lady. As witness went out the gentleman rose to his feet. After that, say fifteen minutes, he saw the same persons pass his business place.

On cross examination Mr. liussell was roughly handled but failed to remember many of the things concerning which he was questioned. He testified, however, that he is a friend of Stout, but not a special friend. Go to his ollice and talk with him often. Was with him at Crawfordsville, drank with him and was with him most of the time. Never told him what he would swear to. The 18th of January was a nice bright, warm day.

Dr. W. H. Gillum, of llockville, is a physician and surgeon and graduate of the University of Virginia and Baltimore College of Medicine. Have held autopsy on body of female who produced a criminal operation herself. Has attended four or live of that kiud.

The State here made an objection as to right of defense to prove facts in some other cases to establish facts or theories in this. Judge White stated the evidence would be an exception to the general rule.

The defense claimed that in the Luetgert case in Chicago bodies were put in the vat, as the prosecution there claim Mrs. Luetgert's was, and testified to afterwards. So why not accept testimony to show cases similar to this to prove it has been done as defense claim it was in this case? The Judge decided the question competent.

The witness then stated that he had made examinations without finding any abrasions or marks where the act was done by the woman herself. His opinion is that a woman can perforin these things without making abrasions. It is usually the case they do injury. Morphine is generally used to allay pain.

Cross examination—A woman must have quiet and rest if she is about to miscarry and absolute rest is essential. I know nothing of this particular case.

The court here adjourned for half an hour to give attorneys time to confer.

Thomas Glasscock, of Covington, has been stock buyer and shipper for sixteen years Knows Dr. Stout and drove to Hillsboro in '96 with him. Left home at 8 o'clock p. m. Left Hillsboro and at 3 a. m. got to Covington. Went on Saturday evening. It was tc home of witness' brother-in-law and witness drove Dr. Stout.

Cross examination—It was either the 24th or 25th, don't know whicii. Mrs. Kerr was sick. Don't know what was the matter with her. Drove Stout because he wished to return early. Am a special friend of Dr. Stout, but have no interest in the case.

Robert Patterson, of Hillsboro— Talked with John F. Davidson about Phil Hauk. He failed to tell witness anything about meeting him on the stairs.

F. M. Hauk, father of Phil Hauk, was here put on the stand and asked what conversation he had heard between his wife and Grace in which the latter had confessed to doing the act herself. The State objected vigorously and denounced the defense for asking so improper a question. The court sustained the objection and the jury, which had been retired during the argument of the question, was brought in again.

Matie Keeney was the next witness called. Has in her possession a letter purporting to be from Grace McClamrock to Philip Hauk. Its date is Jan. 10, 1S96

The letter the defense offered in evidence but it was ruled out by the court as incompetent. It was the same letter which cut such a figure in the Hauk case at Crawfordsville.

Special to the Journal. ROCKVII.I.E, Sept. 4.—Judge Thomas notified the court Saturday that he could not be present to-day but circumstances so shaped themselves that he was on hand, as were all attorneys connected with the case. Court did not convene till after the 10:28 train arrived from the north.

The first witness was Dr. Gass, of llockville. Lived here nine years. Practiced twenty years graduate of the University of Virginia. After giving some expert testimony a hypothetical question was asked embodying all the facts in the case from Saturday, the ISth, to day of death and the history of the autopsy and in response to the qusetiou the witness said he didn't think a doctor could tell from all these facts just what did cause the miscarriage. The witness said: "I could not say from facts shown whether instruments were used or not if no abrasions were shown."

Cross examination—Septic poison may occur in many \rays. It must be some organic matter which causes the germ. Matter or germs may be introduced by an instrument. It may be so small a particle of poison that it cannot be seen by the naked eye.

John It. Few. of Alexandria, livedat Covington in January, 1S9G. Worked for Dr. Stout, took care of his hordes. Was in eountry on Jan. 11 till noon. Dr. Stout was with him. While eating dinner they talkc-d of convention and heard bell ring. Stout lived east of his office. Witness staid in otlice all afternoonofJan.il. Geo. Kerr came in otlice and staid till 18 minutes of 1, or nearly train time, when he went to the court room to see Stout. Witness went to court house, and saw Stout. Carried a message to Stout and went back to ollice to Kerr. Remember Jan. IS went out in the morning with Stout. Returned to oflice before noou. Drove again ia the afternoon to northwest part of town, then three and a half miles to country farm, then to town to east part, then to oflice. Dr. Stout went up and looked at slate aud halloed back to witness to drive on. Was in otlice after 6upper same day. Was in Stout's family about one year.

Cross examination by Whittington—

Come here from Alexandria. Was notified to come here last Tuesday. Testified in Hauk case. Has a distinct recollection of all that occurred Jan. 11. Know just what time, it was when Kerr left, for witness looked at his watch. Don't know what time he wont to otlice after dinner on Jan. 11. Went at 3:30 for Stout told witness he would come in ten minutes. He did not come till 5 o'clock. Kerr went to see him after witness came back and Stout did not come in the ten minutes. Said in llauk trial that he never talked with anybody about what occurred on Jan. 11, 1S96, or Jan. 1S either. Can't tell where he went with Stout on any date except these two. Canr ot tell of any other trips they took while witness worked for Stout except these of Jan. 11 and IS, 1S96.

Samuel D. Symmes, township trustee of Union township, Montgomery county. Teachess make their reports to witness. Sherman VanScoyoc taught at Vail school house in 1S06. He had a record book. He turned the record over to witness on final settlement. He swore to the report and record. Record here offered and marked exhibit, A. Here witness turns to page of record of week Jan. 11 to 18. It has not been in witness' hands all the time, showing affidavit. Sherman Vanscoyoc swore to his in 1S9G when he settled. Settled in February, 1S9G.

This book of record is offered by the defense to impeach VanScoyoc. Objection by State. Said Mr. Maxwell: "If VanScoyoc denies making a record this book might be introduced but as he does not it is not admissible." However, the court allowed the book of school records to be shown to jury by defense. The affidavit of VanScoyoc was shown and read to jury, date of affidavit Feb. 19, 1896, as also were two pages of record. This record is offered by defense to prove that Grace was sick that week and not able to go to school.

W. H. Ellwell is Auditor of Fountain county, for eight years and is now. Known Dr. Stout fifteen years or more. He is witness' family physician. Recollect the convention of Jan 11, 189G. It met at 2 p. m. and was in session two hours. Dr. Stout was there when it met and was there when it closed. Stout made a motion near close. Talked with Stout as they left hall and met Geo. Kerr at door of court room. Mr. Kerr asked him for medicine.

Cross examination—Am a special friend, both social and political. He worked for witness when he run for office.

Question—"Were you not asked at Crawfordsville what time did convention adjourn and you answered it lasted one and one-half hours, aud it met at 2 p. m."

Answer—"I don't know: may have so answered The defense introduced a school record showing Grace McClamrock entered school Sept. 25, '95, and left school Jan. 16, '96.

The defense here rested and the State also announced they rested. When this was announced it seemed to somewhat surprise the defense, as it was expected by the defense that the State would introduce some eviaence in rebuttal.

By arrangement of the Judge and attorneys three hours were allowed for argument on each side. Mr. Maxwell spoke to-day and the others will 6peak in the morning, as it was too late to allow of two speaking to day.

The Judge—"The question put Friday by the defense to have the State say which count of the indictment they elect to ask conviction upon, and then denied by me, is changed

The State then elected to ask a conviction on the second count nfthe indictment. 3:30 p. m.—After a recess of nearly an hour, court met. The first move was the defense iu:iking a motion or offering to submit the case to the jury on the court's instructions This was not accepted by the State.

Mr. Maxwell made the lirst argument before the jury. Just a« he had fairly begun an alarm of fire was raised which created wild confusion. After fifteen minutes he. came back and proceeded, finishing at 5 n. m.

One feature of this case is the number of particular friend* the Doctor has brought here ti move around among the people and tiilk of the case. One of them stated that Stout had some friends up there at Covington and Veedersburg who were here to do him all the good they could. It was brought out by Whittington that one man had talked quite a while with one of the j.irymtn, after which each treated the other in a saloon in this city. Saturday evening Judge White charged the jury specially against visiting saloons.

Another friend said: "I want to see Doc get out of this and we are here to see if we can help him."'

Mrs. Stout and daughter have occupied seats in the court room to-day. The attendance has been large every day of the trial, the medical men being especially well represented all through the trial.

ROCKVIM.K, Ind., Oct. 5.—Attorney Anderson was the first to, address the jury this morning. On the question of the withdrawal of the afiidavit filed

before Livengood, he said the cause of the change was that he (Livengood) was anxious to be hired with his brother as a tirm in the case.

Anderson claims that if any lies were told, Livengood was the man who told them, because Tom Glasscock and Kerr, his brother-in-law, are as good men and true as Livengood and they swear Dr. Stout did not get back to Covington till nearlv noon. Mr. Anderson said: "1 believe Mr. McClamrock a good man and honest and told exactly what, he believed to bo true."

The counsel showed the record to the jury and showed by it that Grace was absent from school two days the week ending Jan. 10th and on Friday only of the week ending Jan. 17th, she being marked sick on Friday. "This girl, gentlemen of the jury, had been sick three, whole months and was not able to be at schcol on Friday."

S. D. Puett, for the defense, followed Mr. Anderson aud opened his speech by alluding to the failure of the Fountain county grand jury to bring an indictment. He read the statute on 'doubts in jury's minds' and that 'defendant is supposed to be innocent until proven guilty.'

"If you hesitate in your action as to your belief, that is a reasonable doubt. If I hesitate in acting on a case there is a doubt, because if there was no doubt in my mind I would not have hesitated."

Mr. Puett here paid quite a compliment to Mr. Whittington's dramatic power and personal magnetism by which he sways the jury as a hypnotist forces his subject to do his will under that wonderful and unseen power. Puett made quite a bitter attack on Overmeyer, the young physician, claiming animus on Overmeyer's part on account of Stout's refusal to meet him in cases as consulting physician. He paid quite a compliment to Stout and spoke as if the State were trying to do a terrible crime by taking the Doctor away from his wife and child and a large practice who depend upon him in sickness and call him to come all the way to his old home to attend them.

Mrs. Stout and daughter are in the courtroom. Judge Thomas, who did not feel well yesterday, was compelled to leave court and lie down about 10 a. tn.

Puett closes at 10 minutes past 11 and Chas. McCabe followed, occupying the greater part of his time in analyz ing the evidence and incidentally touching up some of those State witnesses who, as heBaid, had their pieces well conned, and attempted thereby to place Dr. Stout at certain times and at certain places down to minutes and inches and further that the State asks conviction because on Jan. 11 Hauk asked where Stout's ollice was, and went to a clothing store in that block. "For this," he concluded, "they ask you, the jury, to take him (Stout) from his family."

At 1:30 o'clock Mr. Whittington began his speech by criticising the attorneys for the defense for their reference to what they style "hired attorneys" brought here at great expense to deprive an innocent man of liberty. "I suppose," said he, "that Puett and McFadden, Anderson aud McCabe, with Rice and Johnson to help them choose a jury, are here for their health and recreation. We are here. Judge Thomas and myself, in our line of business for pay for what we do. Are they not also? It is babyish to talk otherwise. "Gentlemen of the jnrv, I have an abiding faith in the guilt of the accused." He then spoke of Dr. Olin being the family physician of both families, but to hide their shame Hauk goes to Covington but for one. purpose on Jan. 11 and that is to see Dr. Stout. "Hauk goes the twenty-live or more miles for less than a two hours' talk about a foot race! Do you Hauk went to see Dr. Stout for that purpose? "The reason Grace McClamrock was in such a happy mood aud so buoyant and lively on Jan. is was that Pnilip Hauk had seen Dr. Stout and went home and said to her: 'On this day you will be relieved of your trouble.'

Chas. Russell, Stout's tenant, the man who knows Stout by his walk, could tell how the furniture stood, how many windows are in the ollice, who went on a day his business was good, changed his clothes, went to Stout's oflice to see him about rent he did not expect to pay at that time. Then this remarkable man of memory recollects the, color of powder in the capsules, and-number of them, goes over then to his store and sitb on a stone in front till this couple pass and then goes in to attend to his business. You know, gentlemen, the evidence of Russell and Pugh was manufactured See how the defense attacks Arista Livengood. Now compare his appearance aud actions on the stand with Pugh, who comes here from A andria, recollects everything v-hich happened Jan. 11 and IS to the minute, says it was just 18 minutes till 4 when the man James Laird went to see Stout to get some medicine and then cannot tell another place he drove

Stout the whole time he was workingfor him." Mr. Whittington here mentioned the conflicting btatements made by Dr. Stout to Dr. Overtnyer before he went away to college and after six months when he returned. He also spoke of what McCabe said of Overmver's practice, McCabe saying: "Overinyer had the rag-tag and bob tail poor practice,"' when he, McCabe, knew Dr. Stout had the same practice before Overmyer got it, by a lower bid.

Whittington—"But I supposo when Stout had the practice it was gentlemanly and all right. McCabe said at thj h.•ginning of this case, 'We have no defense to make until the State makes out a case against Dr. Stout, against any reasonable doubt on your part. What is their line of defense I confess don't know. In place of taking Grace home as she begged him to do, Philip llauk takes her to his father s, keeps her there till this awful thing has happened. Who goes for Dr. Olin? Philip Hauk. Who meetH him on the way and'tells Dr. Olin what the trouble is? Philip Hauk. Who keeps her away from home and father and mother, shuts her in a strange house,, keeps her till the death of Grace stares him in the face? Philip Hauk, tho man who conspires on Jan. 11 with Dr. Stout to do this awful thing. Tho defense spoke of Dr. Olin trying to shield himself. If he did so why did he call Dr. Gott? There has been brought into this room yesterday and to day a beautiful, lovely, bright-eyed young girl who was brought here by her father to hear things not fit to be heard by a girl of her age (for these things in such a icase must be). The father who brought this innocent young girl here was Dr. Stout and he brought her hero so that his attorneys might appeal to your sympathy and speak of tho disgrace which will befall this beautiful and innocent child if her father is put behind prison bars

Mr. Whittington al6o alluded to Mr. and Mrs. McClamrock and the absence of their daughter, put in an early grave by the acts of this man here on trial. Mr. Whittington finished his speech at 3 p. m., when the judge gave his charge to the jury.

A large crowd was out to hear Mr. Whittington, the court room being pretty well filled, four times as many as has attended the trial at any other time. IOleven physicians were in the room while he spoke, also two of our, prominent ministers Several ladies were out but most of them were here with friends connected with the ease from a distance. Mr. Whittington's speech, in the opinion of many, had a wonderful effect on the jury and may bring conviction. The judge instructs the jury that, they have nothing to do with saying what the punishment shall be but in their verdict mu6t say what they have determined his age to: be. The jury retired at 3:30 p. m.

.Moris I'oliiiiii'ii WaiiWil.

Two prominent lawyers coved in on Green street, hypnotized and robbed. Alf Lookabill and J. J. Darter to day sold a beautiful lot on west Main street for M. Ii Clodfelter and George D. Hurley to Thomas lloulehan. Price $700.

Siijs II Is I'nroiiM it iitioiiul. Judge Harney Tuesday declared the new garnishee law unconstitutional. This is the law attacked by the woman lawyer. Miss Spruhan.

Doi'tors, Conit* In Tiin«.

The City Health Officer requests that all physicians who have not done so will immediately send in their reports, as they are rmw dm-

SUFFERING WOMEN. Bow

Many of Thorn Have Quietly Obtained. Advice That Made Them WelL

My sister, if you find that in spite of following faithfully your family doctor's advice, you are not getting well, why do you not try another course? Many and many a woman lias quietly written to Mrs. Pinkham, of Lynn, Mass., stating her symptoms plainly andclearly, and talum her advice, which was promptly received. The following letter is a pretty strong confirmation of our claims:

I had been sick for six months one doctor told me I would have to go to a hospital before I

would get well. 1 had female troubles in their worst form, suffered untold agonies every month my womb tipped back to my backbone, liad headache, hysteria, fainting spells, itching, leucorrlicea. "My feet and hnnds were cold all the time, my limbs were so weak that I could hardly walk' around the house was troubled with numb spells. I have taken four bottles of Lydia E. Pinkliam's Vegetable Compound, on© bottle of her Blood Purifier, one package of her Sanative Wash, and am entirely cured. I have not had one of those numb spells since. Can yon wonder that I sing the praises of & medicine that lias'cured me of all these ills ?"—MRS. LOUISA PLACE, C50 Belmont St., Brockton, Mass.