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The special grand jury called to investigate the Birkbeck case failed at its session on Friday to find a bill against Birkbeck and the Elstob woman, and the pair will escape with a fine of $50 each and costs. The countrymen of the pair raised themecessary funds and they were released the first of the week and are again residents of this vicinity.Much comment unfavorable to the prosecutor has been made by Wadsworth people. He proceeded with the case before the acting coroner had made his report, and before he had received any report from the chemist, who was making an investigation for poison, a proceeding remarkably strange for an officer who should know how to act in such cases.We are told there was a wide difference in the testimony before the grand jury and that given before the coroner. This being the case it would be impos sible to convict the people on the charge of murder on the evidence at hand. Had the body of the child not been embalmed any evidence of poisoning could easily be deterinmed. All the evidence surrounding the case relative to the death of the child is but circumstantial, and the state would have a great time in attempting to prove the parties guilty.The theory of poisoning would not have developed had the undertaker been positive as to whether he had embalmed the remains or not. The whole case was hinged on his testimony, and when it was made plain thathe had embalmed the remains of the child the theory that the death had resulted from poisoning' had to be abandoned.
Newspaper Details
Medina Sentinel
Medina, Ohio, US
Thu, May 24, 1900
Page 2
Full Page
Clipped by
Akron S.
OH, USA 04 May 2023
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