A preliminary hearing in the police court was the usual next step in any serious criminal case. Both parties appeared on September 12, but Attorney Bent objected to having both matters heard together, and after some discussion, it was decided to proceed on the charge against Dr. Stackpole. Dr. Tolson testified to a conversation with the defendant in which he described Katherine Ryan as a “roomer” for approximately one week. She had been in and out of the house, and a night or two prior to her death, had complained of shortness of breath, and he had given her heart tablets. Returning from Boston, he was advised by Miss Heyer that she had discovered the body. Tolman found the body badly decomposed and requested a local funeral director to remove it. He then described in detail his observations and conclusions as to what had happened. Notes taken during the autopsy were read into the record. On cross-examination by Attorney Kivel, Tolman said that Stackpole had wanted an autopsy so he could be advised of the cause of death. And then, as noted in the Foster’s article, at about 10:10, Miss Heyer, who was seated in the courtroom, “arose to her feet and gazed wildly about her. She was assisted to the police station by Deputy Sheriff Clark in a fainting condition”. (The police station being in the same building as the Court…)

Further witnesses were Dr. Miah Sullivan, who testified as to his observations while assisting in the autopsy; Katherine Graffam provided background on the deceased’s life in Lowell and spoke of identifying her body at the funeral home; T. Jewett Chesley confirmed that the autopsy had taken place at his facility. Attorney Kivel then sought a dismissal. Although the doctors spoke of an instrument being used, he argued that there was no direct evidence of any “instrument” and no evidence tying Dr. Stackpole to using one. He felt certain that no Grand Jury would indict based on the available evidence. Judge Frost denied the motion and further ordered that Stackpole be continued to be held on bail until the upcoming proceedings before the Superior Court.

The Stackpole hearing, having been quite lengthy, the charges against Elmer Ryan were continued to the following Saturday, where again there was a full house, and Stackpole’s co-counsel, George Hughes, a member of the audience. Testimony regarding Katherine Ryan and her death was similar to the earlier proceeding. The difference related to evidence of a series of letters found in Katherine’s trunk, located in her room at the Stackpole home. Sheriff Smith testified that he had intercepted several letters written by Elmer Ryan while he was a resident of the County jail. Attorney Bent objected to their introduction, claiming they had been obtained by “fraud”, but Smith stated that it was official policy to intercept all ingoing and outgoing mail of prisoners. The letters, having been admitted as evidence, were then reviewed by Professor Edmund H. Angel, who described himself as a handwriting expert. Based on his previous exams, Angel compared the handwriting of the two sets of letters and identified the writing in both as that of Elmer Ryan. Despite Bent’s objection to the level of Angel’s competency, his testimony was accepted by the Court.

At the close of evidence, he sought a dismissal because the name on the complaint was “Ernest E. Ryan”, pointing out that his client was “Elmer E.”. He also argued that there had been insufficient evidence of any direct connection between Ryan and Stackpole and nothing in the letters referred in any way to a contemplated “operation”. County Solicitor Hall stated that there had been sufficient evidence to support a finding of probable cause, and Judge Frost agreed. Ryan was ordered to be held without bail pending further proceedings in the Superior Court.

(more to come)