Semi-weekly Express, Terre Haute, Vigo County, 7 February 1896 — Page 2

•-a

tfios© by warming the feuwyers that unless Che quarrelling was Btioppec lie •would fime 'them £m contempt of count. The warning •hadic'ShB desired effect, amd a moment each at yiiey peach**! foa- the' h-aid kerchief ths^ ta$I of his Prince AJbent and jrvojjped the 4re piySducecl perspSra-tSoh from their massive broWs. There was Joud sSence for the moment following, «unfd then the wMte-wdm'ged poultry flew back to Sts perch on the ChaTid-e-2-ior, and the Itrial went on.

The Lawyers Were Mad.

Tb» dispute arose over an objection ^.Tir. Simms had made to a question asked ainj sxpert -witness. Mr.. I&mty tHU!ntdod icf his feet to an dtastaant land aafidL "Yo^fer honor, there Is ik court or lawy.er to. the United S'tfaitcs who wooild (say that such -a, qUestibn is improper." "Here is one lawyer who will," roared Afctorntey Sim-mis. "Yes," replied Atiborney Lamb, as the oolor caime 'to (hiis face, "you would.©ay anytfihii'nig in this case (to -convict these poor people."

Mr. Simms .retorted in violent language arid (from liti3 the wordy war begaai.

Case May be Half Ended.

Tbe aitibexadiaaiicfe yesterday was' as ttarg^ i&s 'ever, save oa last Saturday, «unid ais it has -been since th'e begimaid'nig ithe toilL'erest -wais the tooemtiiv.© 'for the ®otod order. Ajt mo "time 1Mb 'the spectators toeem -disorderly, and the attorn-eys in tihfe case saiy that to all -their experience th-'ey mtevea? witnessed oucJh excellent order 'by .miix-ed cno-wds. Occasionally tihie-re to a little whispering or -a engirt, tslhaifflimg of feet lin. .some orotwdted part of tth'e room, tout a rap of itihe bailiff's gfarv'el brings order and all is so qu'itet .that almiost -tfhie drop of a .pirn con be heard.

Tlhe laitotor'nieryis for "the state, with1 (no rumfloires'e'en obstacle, exp£ofj® to cdm'illatfe itih-ejr introductiion oif evidence this erveara'ng so that tihfe defends cam 'begin callhifg -their wilt'meases to -Che stand some itilmie iSaburdJay mourning. There is, howev'er, mo ceTitalinty as 'to tlrria -prediction', as tther© la mO way of telling lh.ow long itlhie attorneys for the .defc?ns£ wiil 'detafo itihe expert witnesses yet to come on the erase exa.mim)alifto(n. it is .merely a guess, and everybody interested in the ease !ho,pes lit will .pinov-e titue. It is safe to prediBct th-ait if the ©bate resits tomorrow itihe case, so 'flair as the law and ifche eviid'enioe iS'Coinioerh'eid, (is ihalif 'enided.

Tlh.e defense wi'll mfcct have near so IMAMY wiitiruesses (as 'V.-QIS introduced 'by •tlhe ista'te, but 'tlhe airg-umients, the wiitai'essies oaiJeid if or 'rebuttal and tlhe oourt's d'mStbnU'Ctlioiiie will imlalte U'p the difference Hn itlh'e .tlime amrd (bring t(he ease iu.p for •tfhie verdict of itihie jury aiouit

iPeTDraiairfr

Masrgrle Kellar's Condition.

(Maggie Kellar, one of the women on trial, is suffering ifrom an attack of Hagnippe and was not in the court room during it-he progress of the trUal ye^teriday. By agreement of the attorneys en (b'olth sides 'the trial proceeded in her 'ta/bsenice and there is no danger Of error (being claimed on account of this fact. •Her condition was much improved yesterday afternoon and unless an unexpec ted turn in Tier case the Jail physi:cian thinks she -will be ab-ie to relburn to her •seat in the court rooorh this morning. Dan Kellar land h'is wife, Nannie, are also ifeeling ind!sipo,'ged and i't ds thought that it is •cnily by the (most Idesperate^ efforts that t'hey are ibeariwg uip under the long seige. Both are pale, their eyes are hallowed and it is feared they too will give way under the strain end relax into a spell of sickness. They are both plucky, Wowever, and nerved toy t'heir hope of acquittal, 6ay t'hey iwill (be able to endure the ordeal to the ®nd arid unlesis forced 'to take their beds twill not ask for a rest until (the end !s readied." Thiey Bit (by their attorneys and while they do ayot show the slightest signs oif uneasiness-they are attenitdve listeners and close Observers of alll that ffis going on. They seldom »speak to their attorneys during the progress of the trial and iti no instance Wave ithey suggested a question to (be asked witness. They say t'hey are confiplent (that 'the state has no evidence toy -which they cfin fasten the terrible crime upon them and they are willing to sit qHfe'ttty by 'and trust thelir fate in the hands of the witnesses and their attorneys.

It Is said tlhait oni one occasion when Mr. Lamb objected to a question asked a Witness by the state Jtfns. Kellar sugg'e^t'cd "Jo him th'at he object to nothing ?u* poaimit ItTne State's witness to tell all Ithcy lenaw antd even all they had heard it!:-.£t she and D'aji and Maggie had nothing to fear as l^ng aB the witness confined themselves to faefts.

Dr. Vaiii-leave's Klmness.

!As"ain ye^terd'ay the evidence oontei^ted of the expert testimony of the Hoctors and was of the kind not Intended to inspire tilie average court louAgar to croiw'd closer 'to the railing. They nvou'ld rattier remain back in the audience where they can 'beg. tobacco and chetw and expectorate oh thr i!oor of a $500,000 court house without attracting tbe attention of the deputy sheriffs or "bailiff. When tihe expert witnesses iare disposed of and the detailing of senisa.fcional and romantic "features of the case

Ss resumed, they will roll t'heir quids out from among their teeth o.nd crowd to their places -up near the railing. The doctors who testified yesterd'ay had a (hard time of it and the -manner they were hauled over the coals oh cross examination will (cause them to at temtp 'to avoid sudh cases &n the future. The most etuWorn witness introduced in behalf of the state was Dr. Vancleave. The Eockvine doctor surprised th^ lawyers arid spectators t»y stating that ff he (had known Ctara Shanks had drowned herself and ha Wad found at the po^t mortem no evidences—if the autopsy h'ad disclosed the conditions he found at ttte coroner's inquest iie would ^21 flnsist thai she came to her death by drowning.

DR. M'KEY RECALLED,

The Marshall Doctor r«t Throo^? Another Series of Questions. The sassi'on begun wrtli r^umplfon o.r the cross-exaaninatioti of Dr.1 McJtey, wlTo was present end assisted both at the coroner's inquest |oon after the body exf Clara Shanks w#§ taken from the wa,ter and at the final autopsy dield twelve days later. The cross-examina tion "yras conducted by Mr. Beasley and was eearcMnar in every particular. The witness admitted that, at tbe first exsunBfBBftHon toe «®W oot discover the girl's

:i^ck

was ibrtJken and In faot tt -wfcs Ms opinion at itihe tto&ltarafc the neck joints were intact. He «fts?rved no peculiar (movement "off the he«4 as the. body was CUaageft frgtax oo& $oslMon to anotiiescv

/but he dM see Woody (waiter flowing team. the dead «irl' moutfe, tout gwe tliis tfacf no importance a% the.-tloaS. ."Wlidn asked questSorhs wljSch JftS t:houg,fit Were out of order 'the doctor would give w^lt he considered fitting answers and his replies were frequently seasoned with g£rcasm. -Par insrtance wiienr. asked if. he didn't insert his finger in the gash to see haw deep i't wias -lie replied in itlie affirma.tive. ffr, S^asTey tSen ®aW: "After doing that you drew your Anger out?"

"Of course I d'id," rct&fl'-? the doctor, "I didn't leave It there." _, Or. iMcKey said the wounds over -the eyes might h&ve been niade with a pair of scissors. In 'Ills oplriiioh

lit

•fv'ilS ition^

with some'infe&^rit fHat fcfit afrd ftre together. ,. "i'tj could ihave.16en-'dqrie," faid t(he doctor, "with /some instrument dull. or With a right sharp finger or .thumft) n^fil. I don't ifeelleVe, However, it cotild ttave been dbne with a finger or thrnirb nail."

Q. What caused you to ireaikA tnait staterrle'n't ff you doht (believe it? A. It just (catae 6-nto my ahlrfd.'

Q. Do you pretend lo know 'how and with what instrument if one was bfea tie wounds over (the eyes were inflicted?

A. No sir, I do not. didn^t see the Instruiment 'or see it done. ,v Never Made th*

Ssn't It a fffcet fctS&t foil nwide tM st'a'teim-eht before going oil the witness stand that yon believed the woundsih the eye were inflicted 'by a pair of

ST°iS!sir.

I xhtay fea^ tfta^.

but I never u'sed the 'Word §c!§s'dt'S 'With reference 'to this case tlHtil 1 caane here.

Wiiito-ess ^a.id ihfe.Tvtas preSeSi* iait t!M amtoipsy 8i«ld ®t He was -rtot emipaoyedtfe amd 1^3 iio contract with lajftyBody to tM ge. he wtas to fec-efve fiof hi« servfees. He wen't 'to the cemet&ry at the r^juest of the Shanks 'family afi/d 'lihe cbiroiner. He wdis preisent idurtog itlh'e wihoieof the autqp^y wi(t tflie -exceptlom -o! a sihort ibmJe Wh«n Kte waifced a, -couple of 'hundred yards to gett Dr. Young. Mr. Beasley th-dtt read ft^om itihe r-epart of the doctofS svidi?nic& alt th'e cown'eii*'s Inqu-eist Wlhlah credited ihim Wst «aj»f'ng that One w-AS fgel'Inig ximtvell amid 'diPove away /be*fioT'e the auto-psy was camoiuded.^ .The dodt^fr feAd the ihad no recolil'eaHon- of fvaviiri^ m!a.d«e suidh a statement. The d^Cto ^aW th'e WSood tsbJt ort the (brain, ttut (hfe iitea®r«0d' Wi'tlh sotree. of the th^r idiacit'ors *asi to itihe pSace cm it'he skuffil wli'e.f# tth-6 piece of 'b'eme dropped out:-

Q. WhSh

16t!h. Tit IhiaiS not yet 'been de-

cfidbd 'wiho iwrL'll make the arguments for •either th'e ebate or 'tihe .defenise, but itjhie eititioirneys an 'babh sid)e3 are eloqu'emt oratotrs tainid wi'hien Hhe proceedlinigis Ihave pnogiressiad to the (talk 'for Jiife it is safe ibo predict 'tlhat itlhe ora't6riaail contest rwlLH be oinie wortlh ih'earing and itlh'e count iroam will 'be fesufTLctent to ia)cooinimoidaite Ihiailf (tih'e paoplie wiho wlill igo to Ih'ear lit. Tihare is fauin«Ja«Cioin for eionuien't (speeches on Ibotlh isti'des of th'e romtaintilc oa'se, amd th'e lawyers wLlil grasp every feature of itihe o.pipar.buniiity.

ymu gictt 't3iro.ugih with- the

ani'topsy ywiir oipi'nion was tthat d'flafh Was the result of Violence? A. It wafe.

You (based your doWcMisdtfn Vin th'« evi'detnoe of vaol'einc® ddsoovcred wthiiie tooQiding (tih'e autopsy

A. Yes, siiir. ...... 7 Q. At tiiM tliittfe yoii knew thi^rte -wwre ©omie l!'hfdi,datiottii§ of droW«Ihig'?

A. No, ai!r. ti did aw*t. Q. 'Di'd'n't you aiotifee iiidlcaltion^ tof driowiniin'g wth^h. yoii examii'iied tihe. b-ody ait tbe (house?

A. No, sir. *!.... Q. 'In annivi'n'g at Mse concTuslon Wiiait dm tlh wias icaiuis'ed by vt'olience di-d ,yoii ittaike inibo coaisid'eiiartlL'oin the (fact that th© (body was iound iin 'the ipool?

A. No, silr. Q. Did you iafk» Snito c6n&i'(feran|on •tlhit slhe

WISLS

k'iiLled at Oan Kelliar's 'house

at about micron on tSa'turdlay itlh at tlie' body was itlh'etn Quid ainider the 'bed until a b'ou(t 10 oColodk or l.aiber ItihaJt irtiigh-t and wiais tlh-e'n carried 'to the pool amd itihTOWin i-nto tihe water?

A. No, sir. I didni't thiiinik, ^)ie was ktj.lilied at t-he (house. It was my, theory thart 'Slhe was 'killed In the woiodig.

Hypothetical Question, ,,v

Q. Don't you know that a gifrt of iClaTa ISh.am.ks' age arid Weight, if killed at moon lairad the '.body aWawed to remaiin und'er tihe bed uintcl 10 o'clock at night, with Itihe itemipeiratuaTe aind WKttsfcui^ oi tihe aitimiosph'are ias 4t 'Was on July 6t!h-, thiat decomposi'tnom wiou'lvi -lia^-e %"t in arid' advanced to siu'ch an 'extent tfiat •tlh-6 Wdjr -wioufld ihave float-ed on -the waJt'er?

A. 1 don't tihiinik it wou.M that sdoij, "If iit is true aJs a -matter -oif science amid as assorted by iihedfcai authoiiiStsy thai decompo®i)tibih Will feed ilh in itfhe body of a pefsOWr of itlhte agfe amd flesih of Cilara Sh^iiks' witlhlto eight to (twelvie ,hou.rS after death, wiltfh Hlhie iiioisttbre of the aitaiocSpfterie amd the ftempertatture as it Was oft the 6th of July, woitllld' tha-t cause you to chaii'ge yoiia* opinlion -thalt Clara SJiamks came to (her deafih by vMencfe?" "If I 'htadm't known anyltSh'ifnig else about the case lit proba/bly would but •taiking imibo comisi'deraftiiom the oomdliltilon of the corpse when I saw at, I don't •tih(ink fit would." "The fact as-1 ihlave s)ta!ted i)t would of iifeelf filndicate that sihe had beien drowmeid would it not?" "I don't know Whether ait would or not." "if the facts were -that when itihe body was taikeni from out tlhe water tihe arms and Jr-mbs were rigid amd cowtrtacted, that the woumidis were not bleeding and no frdi!h was comin'g out of the mouth bu't th'at Shortly afterwards tihe wound's begain Ibo bleed amd blood oozed from •the eyes, mose amd mouth, that the body was ailowed to remain lyimg on Wtoe gr-ooiimd for tsoime itiim'e and was Hi en pta/oed in a wagoih the body rolLimg from s'ide to sidle umiilil bra?ncihe9 of trees were pfeiCed tot tlhe bed of %'ie Wagon* (to hciid tih'e body in place woiildn't you 'have come to the conclusion! thalt deaith was l!he result of suicide?" "If those aire all facts that yoru haive stetted tit would probably lindacialte suicide. I dorn't urtderotaind, However, that tjie fcucts are just as you ihave stated th«eni?" "In What respect liave I misstated (tlhe flacits as you umd'ens&amd (tSieaii?" "I wo3 't'«ld that lithe wounds were bleedi3ng aitid blood -was oozing ftvm the moutih whetn the (body was taken out of the waiter." "If you had been fflntcurmed that the

Wounds were mot bleeding would your co'iicluston ats (to tlhe cause of doaith been different?" "ft probteibly wouild." "Couldn't Cla.ra Sfeoinks 'have jumped fnlto the creek amd by her (head striking the waiter toave come to iher death by concussiicvn?" •"I don't thitok death could have beem caused by tJie mere faWb of /Wife ihetad Striking the "Walter." Suppose the Citri £toocl on i)i|(heit tedeo. "Suppose, doctor, that 'the girl stood on SKie liSghest !edg*e of 'the rocks on the bank, of the pool amd slipped or fell or threw fie-Fseif into- tihe Water, taking Into consideration her Weight, couldn't ,shie inave died from coxucuBsion?" "t don't think so."

Q. Mig-ht she not 'have Bit-tinned herself in such a case? A. Frobftbiy it s7ie had fallen on the rocks.

Mr. Beasley questioned -the Witness at Considerable length with reference to the broken neok. The witness Was oif the opinion as aseertM by Graj- 'that the joints of the are the hanles't te 'break.

Q. If Clara Shamks had been struck a blow on the lip on the right side so as to throw tier body back and strfTke -her head in such a manner as to make %e wound on the head would that cause a separation of the atlas and axis fTerfc*bZfcei

A. It a^gihiih^v4la^&h doiie laty a lieavx aa4» c^okinlf her bf the throat &hd Jar~ ining the httul doj#n: a^aindt^ kot#

A. It probably would. Q. Then you don't tthink Clara wsi eSofeea #6 «mimi

A. Not entirely. "~V

A. I wou1Sf^5tife§

»wds iby •'the

$. Isn't i#ia lactilhait If'suoh. forcfe 9 xdek on the throat as to cause death strangulation it would have caused rinss of the traiefoea to toe preased 4 a

deitti? the

A. rt eo-v^flE hawa been daiuseld by Wou-nd on 'the head' or ithe separation the vertebfae^ of the xieCk.

Q. JTssfflflin^^St *Hat I W&* tfe hypothesis a9,uto"(tlw oop^tiom of body when taken -out pil^thajpool true you vfOjiM pe inclln^d tot ch ypur opinion tiiat dfeaith Wtaa' the result vi W ii

ifty .the was

change

it.

(fjiitfc-

This coriciuded-'M-r. Bea^ey'S cross-

nuii. HttBjuuuvtuv^ asked the witness if 'he 'hadn't omitted ^jbrtions caChis ^verydt^i'-vfith Dan I^elTar regarding the findtfnig qif the dead •btody in tl^lpooj. ..^tn^ss ^a£d.he omftt'&d one reiflafi dnade bf Kfeflar who sturd: "My wijfe s&id she wouldn't put lip with ft ajiy longer, and I'.tSld her to go ahe-ad affd I Would iStaiid try h-fer." "Mr. Bfesas-ley tfien brouigttt out feh« tfact thlat Mr. Pueit suggested that toe had ottnitted the reanark alluded-toi^

DB. Bits TANCIiBAVB. Direct Examination by Mr. Simms. 'v Q. Wlhe-i-e do you live?. A. oftiockVfMe. Q. Are (you a graduate of amy medical itisti'Miibioin

A. ¥bi sir. Rudh Medical Co®ege of Chicago. •,- Q. Wlhialt is your business?

A. 'PhyBli^ai Saifird -surgeon. Q. 'How tong inarve you emigaiged iih itihiait vojga'bLoh?

A. Eveir efince 1883. Q. AS8§ (you ^tlH:e 'Dt. Vaftiicl'^a.'Ve slgfed t!h^ i^Eforit of itih'6 feii-topsy (held om the eddy nsf Claim «ham.kfe, maide tnpon upoiiv.jt(he 18ifih ,o4 July, 1S95

v^j

A. Yes, sS-r. Q. What part did yoii -take in the conduct of the ittifepijr?

A. I dill pairtfe of 'flhe digfe&Ct'Dng ataid duft'tim®-. ,.. Q. -Do you nemeimibe-r wlhiait time of day it was wlhem ybiu .began?

A. Soon aifter 12 of^lcWk. tt was probably ihelid between 12.ajnd 4. 1 Will aeik you wn.e.re th'e1body.was wihietn you (first saw it, in- or out of the ooflkli? 1 V-

A. It Was ini itlhie ooffin. •. Q. DescrHbS 9io'W you/got it out.: A. We turm@d 'tfti'e oofflrt up on ithe side and eajsfetdl 'tfc 'Oftiit K^iTtefaiiLl^ otft rtlhe 'boards W'^tlh tlh»e ibotdy .patriiliaillyvifeice.'toremioist.

Q. Wlhiait poiski'qih dfid *|pJ fe(y it to.? A. We -ToiBJed ft ftaidk om .tbe fcack carefully. ..

Q. wihftit "wfeiS th'e first Silmig you did? A. We imiatdis sa 'tthiftimti.g'h- eixamimtatkm of th'e extebhtaH iSturfacS of thje .body.

Q. WihlaJt ipa^nt of 'tlhie body did you ibe•gSii ittofe

r-,"

A. Tih'e face. •_ Q. Wlhiait (dM ylou dii^co-vetr? 5--AWe "soiii^^ tJacereuted woiir'-i's. One .^ aiid one dfi tfc-e ri-gfhit, sidfe J-f- feh«*up,F^r lip.

Q. Any (Oitifeetis om itfeey^e? A. Thiere ^Wfere sr&m^ afenalstoms of ifih'e sk'iiii on th^ a-feli: siide taf 'ttfti 'tabe, ofa itihe culto'Olie. Thfei Were (five or six of thtem.

Q. Desaritoe tUbe.^otinScl' fhife migiifiit eye. A. It apipsaire-d to.be a (jontuisiiom and was -hori^tfriitaa. ..

Q. To jvih^t eJct'ent. ^a,oe "e~ compoisfeia, -the isurfaice ot^ itlhie fiaice? A. I't wa'is dlairkenetd amid, the. ci^tikSIe looseined ito Some extent over the main portion oif (tile tajce 7

Q. "wihikit' *"w5^^ •. of ®he itiEssiie^ bteri^ttk'tl^^uticte?^ A., They seettiea jtto: be./fo ai normial ooindiitiioin.

Q. Stialtle w!h!alt Ith'e fiaiot fe. ais. to. Whe'their itihe itiissuefi Oif the iaice hiad maltntiailned thedr .Mtegriity' or" lhaid fallen

Tfofey Ba'd^fii^i'nitiaiSnf^ iB&i&r fnite^•ri)ty. Q. What idoefe bcteiltusiMih theatii

A. lib mi^m's aitt extravasation of blood dn (the issues:/. Extravasation Is i^, bruise' .or blodid ilit ithte tissues*. •Q. 46 ^ofli &©•« btesck eye, itiiedKoaily, 'am teye on & living person, when they receive a b®a|ck' eye lito. & fistical enioouniteir or amiyitihiixig of fWait, kim-d?

A. Bcbniib'ses. Q. Whalt WaS itihe cori'ditiloin of tih'e eyes als compared wilfh (t'lialt cbmd'Stiom?

A. They were albouit Itihe Isamre, to th'e extent ydiu odtilld 'See it-hiff dlscblifiibat'ioh. Q. Them, llf iindeaistamd you cofrebtly, the eye wah brute^d ttt (the extent ittti/ait you could see tire discoloraftHdn?

A. Yes 'sir. It Was darker thaai the face. Q. Whiait Was the 'Chamater of the woti'rid i(M the left ©.ye?

A. It wais ih a eHmOiar condition. Q. Whiait Wais Itihe cfoaitecbeT of tihe oifit?

A. It ati)eaired tb mw Ito be a lacerated wou-rid. Q. Torh?

A. Yas, sir. Q. Wihait did you i^kjover Wi'tlh reference ito the comidMsn of tih'e tissues that were "liorn?

A. Thiey ©e'em-ed to be congested and Jn a darkened condition. Q. How far o:Uit on the eyelid amd the muscles surround'img 'Uhe eye did 'tMd extra-rasatioh of bidod extend?

A. It dfcdnit extend Very Q. Wtfteut was Kihe

\oii3I54ydrief

edges of the wound?" A Thiey Appeared to be (rough.

It Wan an Everted Wttni«l.

Q. In lt!he staibe ^niu fouiiid it itti, you nray itell Whether you oould or could n'oit tell Whether the wound was everted or turned in?

A. It wais everted. "y,",. -y Q. Docfcotr, to maktog ail autopsy or examiinatkm of a. dead body where you find a laioenated wouihid upon the eye thelre its eoomoses and contusions, when does thait ind'iidajte tOaat itihe wound was received?

A. It vindicates that it was produced at t-he death or (before the deaitih. Q. Tell ftoe jury whether or not a black eye could be given to a corpse?

A. -No, sir,. yQ. How deep was the wound on the to^t eye? ...

A. It was clear through -the lid. It appealed ito us at that time to be a lacerated wound.

Q, WhaJt /exaanimation, Sf amyt dM you mishke of the teeth? ... A. We esamon^d them and, fo^nd that bhe first tAgS&i iqQatfiae.'^DO^h'. wius loose, so mu-cih so that' rt catne oxut when (taken 'hold of. Dr. MQBTSS itook ft out. The resnalm&ng teeUh -wete s#ind.

Q. What you W6Served upon the face, if anything else, besides the wound on the K^ and the eyes, ibhffS «Lbi«&sdci4iS?

A. TbctP

nwerfc

scxmfe tfci-iiSie

tilsrdaJ" Mas-lcs of dtecolcifatJSn. They were MptfSs Ttifey ext^ndfed pretty well back wi the right amid left side of the neck

Q. WjMUt examinartloii was' made of tbeSn? ...i..,,. A. They were ciiJt ftito.'

Q. Wihait tftd you do aibodtt ttifc re£t of .iaiR tlOd^.t -r

*#, "a

Q. I waa atek you to teH Jiiry jttat whi*t a

A. Tlw iiciln deemed 4x be ll its ia.turaJ oomdition. WSiHit did yqp^W(p next?.

A. We proceedaAj^ removp the scalp Hf 'jgkJ&nk. iuc|^ira i|i*!uhd at its greatest afen^ir with the scaflpel, eyebrow. lu mcokinig the lncts^pn 'tiife hair wais loosened, and as I cuit ajfe«4wi I cut into the kntf&r afcigle of 'iWpii4id-Ha lacerated Wtnmd afbtrat two"lnc4ie« i(n Iteogth. We exaartiwed itSsaufc ttrorojughiy. It. was eitaaited rlgiM at tjie. ^miction of the occipital Mid the portetai emd tempcwttl bones, a Mt tle abpve that. It .extended upward, with fend of the cut jm the patrtemfal atjn heat* the occipital 66fse. We ftieuie afe ^xamtnation of the gdgiee amd ftalnd to&tti to be iii a ebate Of torvtusiod. We fouaid toe hair rigltt ArO'uijd fiWhs Wofclhd fbr quite a spabe inlaitte^ "with, blood next to the Wefcd.

Qf lit ta well torhied clot? A. it was' an tadisttoct clot td some extent, oh aiccouifirt of the condition of .[wit. The edges of ^eemjed. to be congested

Q. Then what did you do? A. We proceeded to •tfeinOve tB^ soaJp. tlheh We :too4c dlf the top of the Skull. Juet lbenietaith this Wound amd jmder the skiill we found blood, outside of the «r5^(t&t—IMSlde tBS ©f sktiti &nd jjut^de l®e duihi mater: ft ti'. cicdt Of blcOd probably one and a Wtl t6 two ihches long am pri^ba^y Or^e^-JiaiiC or threC'ijuarteS^ of an* iirdh lwn'^V ^fteV w« ex'afc'lre^ fthfe blbod c|bt we' "^f^ifeffded td exAmlhe the bralfi. W§ fSu'nt siihirfes loosened between and the pafifei. ife ifemaafiteg fe'tiitttres. Were tofeacft. The ii^e drf6'i5ptd o# #hiie' -ttaSi'dHn^ .It, a |)ic*ce pr'SBSMy .two" Ot tWo amd half dfrdhes lon-g and probably one-half or thi'ee^ quiatter iinch-ei wide.

Q. -dttd tihat piieoe geft loO&e from the skull? A. It d(npped 5m on abeount of being salw^d ait oiie ijEiace loosened siitures -Sn' asnotheir.

Q. W-h!ait ifis the mext-part of the body y-ou ejo^miined? A. Out-s'Mie of thfi memtmn'oeS we could mot tell nj^iQihpa'bout the .^indir tiom of the braa.n.__We examined the dura mater, schryncM and pia matter. Tli^jr- weire odiiis^deTabiy dlc'Cffli^osed. The .bnaiim was to la-fluid coiiid'iltion

Q. Whfatft d'Jd you-Bfxt pass to, In your fex'a^niijiiatlon? A'. We •co-rh^iefed 'tiiie limattlnatSCm' of •th'e hafe'e ttf Sk'to^iby d^Mchiihg the niem-braJmes at tttes-laase of ithe sftullt We.foumd gm fnature ait the base otf tihe skull.

Whalt wais itfte" m'4xt' Mih^ thit you to?

'Uw-

A: We 'had iloiate^d athe imovalbillty of the ihead ait th'e time we 'began to saw, amid Dr. Morris toolcQ, soallpel saw and made a!n todis'iibirf-oiir. the .heck begteih'ing Wftlh 'tihte cdrcular li'hclsioii and riinjilfflg dyWn aarfia&iKs cervical vertebra. Tlh en we proceeded ito examine ithe 'tissues. We proceeded ito cut away llhe itissues auiid lay itfhwm. alway carefully.

Q.. Tell the jury wh'ajt- wais the comidtttion of 'tihe -tissues of ithe m.eck begins niintg 'iimnnedlately -umder the skim, as yioii. oame to them* unbil you came ito the bone?

A. After we got itihrough the su.per facia the it'iasues were of a dark color amid showed that there had been an extraviasatipin of ibl-ood, amd we found ittoat the capsular iigatment was ruptured. We fournd that out by penidltog the ligamenlts anid seeing .where it had been Connected.

s,^Glri'i,Ifeclc^¥M.JBrolrtii.r

Q. Wilien you laild tihe vettebrai setetioiriis bare Wha't did. you fl'hd there A. We Sound. ithe a.doin)fcoid process wais intact, but 'lit. -showed! ia partSai separatiiion amd tliait 'the first- (two vertebras werne sepairated.

Q. "What jotot S3if Ithe •Uackbb'rii 4s t-hait? A, Fiirfit.-.

Q. Whaft wais -the me-xt potlil"" you passed to to your Cxamiinattioh? A. We proceeded ito exaimSne the (tissues Of ithe thrfeat, arid latynx. We maide ain limteisSan, ^n^-pntihe tieck and a circulaj* lihpijsifom.fj^P^i ••flound there h!ad be&n alii e*tnavais^4lfti?f of blood and a d'iistiinct -trace of jt^po^. congested. 'Bh'ait indlCaiteid Ithiat Ithe^^suie^ had been brulised. Tha't.Wta^^Ae ariiteiriiar ixwrtitfeh of itlhte meek. Jffiia carri-ed that dii3steoirion to the -rtra/flfy^g ,amd larynx.

Q. Wlhemi you got- (through With that, what-'did you 'meat'dotf. A. We exaimthied»iahe trachea and the lafc-yhx, to fiftd itfij^wortdfiitfoihi oif .the mucous m'ambrarie as^tcy iUhe presence of foifaiign s\ib®tairtC^. \j(4 fottnd ithe mfembfAlie liri. feu cOmg,^€^'cbhdlltiom. iQ. What d'M yoti fiiid in- the way or foredg-n subst?ahce?

A. We found audthtflig.' We oarried that examinationTT&3 far as we could by layimg1 open thef-twiichea

Q. What was litis cdhdltioin with referert'ce to deaomposllltion? A. It had molt badly dedamposeid. We ithem proceeded to open the cheist and found ithe lumgs in a cofiapsed oondltiom and of a dark brown color.

Q. Whab was done in examining the lungV? A. They were opened and carefully examihed. They were opened'by imcisSans firom 'the trachea or opened the brOinolMial tubes.

A. Same on the inlside as oh the oliitjsiTie, dark coilor.Qr. What dissections were made?

A. We opened the tubes as far as we could amd (then cut atoross the lungs? Q. I will ask you ^fcrhat the color of the lungs were as "tfoinpared with a normal liver?

A. They were very near of a color. Raflher more of a grajy tendency. Q. W(hen you cut across a lung about the coflor of a liver, congested somewMit, what does .thait 5nd!ioate with reference to Whether tthe deaith was fimiriedlaite or slow?

A.'It -indicates that the death was—I doht know. I can't answer that. Q. "WhmJt did you^O afifcer j'ou goit •through with your ekamimiifhm of the lumgs?

A. We protceeided eiamtoe the pierfcaa^him and hearty found them lm 4 morthaill coihia5tiibn:'vsWre opened it after an of dt in lits place and foarnd it in a col^®e4 cond/bbion. It was mot decomposfea'- hurt very little. We opened the dav®e| of the taeaart and found mothdmig.

Q. What a 4hfc iMsSfe of the heart? A. It is ithe «mdo£&n$Mum, whiioh is a iSmoolth like memhT^ane.

Q. You didn't see%aythtag Inside the •jel'Jil"

heant? A. Nb, sir. 3. What did yOff iSid there, if anytMrisg, to the ^y^OlCTxl—bloody serum—n&± the heartin. the heart?

A. Nothing. .' Q. I, at the itime yoti inade the r,rcular 'imcSffRin around the head the heaait had ooafitaitfed a cloit in the rtght sdde and you had prooeedcJd ae you did promaflik toe exanriwir

tion _you tetive dfeacrSbod Qi tbe course of 45J hiD»ur from tlief ifitoS you «haude Che Auto|«y df' the (head, wfekit would you hk-vfe foorftd th^sre ^en *!a Jqpehed the helaM-^tuniiiig tfitee Wan tt tldrt fitefe upon thit hiairt? .. •Ai We woufd have foumd It there in, Ithe same ooad¥tion,

After you got through what did youe*amiine m^xt? A. we the aorta as if&r as thie diaphragm and found ii ecftiijtfcy. And then we iptbceeded to examine tfie ahdomlnal 'feavity aha the dm^iifum, the coverincr Of the aibdamibal organs:

Q. Whaft WttS th« «»«d?ttWi of «i« omentum in retferemeeto «s tissues hav ing maintained their integrity or having fallen dewh?

A. They had maintained their integrflty. Thti fatty tissues'!' investing' the Ibowels w&re intact attd in *hormai coc•dition.

Q. That 1B to iprotetet the (bowels from rulbbing against 'tHe waJls of the (ab-

4in6ri?-

A. it pmtejctiS the bowels' and the sftomach. Condition of th« Stomach.

Q. What twas 'the o&rf&tt&n xsi tits stomach A. It was dn a normal state "considering esverythinig. We exadiined it while (ih p&cfe Mid then wfe proceeded to of)en it and examine it. We opened it froim ine side to the other and examined ft, heg"an at the top. ^l

Q. What did y^u flhd'dn the inside? A. W"e'found it empty. Q. What was th'e odhiHtioh of thfe pylorus orifice?

A. It was in 'a closed 'condition. S 4 Q. Tell the' jury whether the st&m^ich as you -found it would or would not have held water.

A. it would. Q. What, if amythinig, did you find in the ^tom'aich In the way of foreign substance?

A. We 'found nothing. Q. What 'trace, iif any, did you find ih the stomach ^lf hlctofl of bloody

A. 'None. 3. What (Was lhe condition of the sboimach. as fo d6'CbmipOSltlorl

A. It was nOft very far decomposed. Q. What was the next organ exaan-

(A. We.,pi4ci(ciee'aed tb Sxaimihe the intestines. seethed to he empty. Q. WhiaJt otlier organs?

A. The liver and! spleen, which were ih a normal com-SFtibh cdri^ideririig aS I •have ^iid iher^tioifore. q. What was the condition otf the Spleen'? ,, A. Normal.

What e-lse did yoU examine Ih fth« 'sLbdomlLmal ibaVity? A. We ,fe3C£lihliii'0d'- the utarus._ (5.. .What .W|Ls^fcs comxiifii'Om'?

A.'-^oThika. ,v:-• '*?. i..... Q. Dteto^, "SwytS %fi&t you have id'eibali'edf '9b it'll is jiiry, based Upon the eiaihi'hajtion yttti ."rioia-tfe-, sbate to the jury wiha't yout O.pi'hlOi'ii is as. to whether (that ^iri ciame fo kdr fde&ti& toy Jdrowhin,g or iby vdoleTicfe

A. By viodence. _. Q. No doiubt abbiit-fit dii ^tcSxicr mind aJt all

A. 'None ia't all, CroBS-Examination ,iby John *f. beasley. Yfcru ha/Ve 00 idioiubt abtout. the correiCtmess of yvMir btpihl'bm' ad to th'e catlse of thlis giiri's death?

A. Nbt in iihy mim'd, I have 4iot. ... Q. You wouid be wiliimg to act uipom that cOncflusilon iif '?t were a murder afifectjihg youir own dearest personal In--te-re^t-s, wouBid-.you, doctor?

A. believe11-would. Q. If your WiiPe Were on: trial h'ere for imlu.rtdw lamd'yoti (had itihe samle facta wihlich yoiu ihAive.detailed to -tihe juiry in ire'speCt of ^antehody Whiich H't -wa# .charged she had klll-ed yiou wotild coime to the .concSuision tlha't She ware guilty of murder?

Mir., PUett—We objtect. (He is asklmig .now iflor an opinion as to wlhieitlheif If ih'is wilife .was charged .wt-bh mruirder ahd he 'fioumid that this bbdy, 'or to. othfer words, .'the persari (Had com4 to diea'th by violence, tha't 'tlherefiore his wlife had Kilted ih'er. He Blmpil-y (gtives his opinion' that fnom the iWotumd& he his mlo doubt ih hW own imiind tlhlat Clatra Rham-ks came ito her death- by violence.

Mr. B-eajsQ-ey—We simply Want to Itest the strength of hdis opiLhiidn. The Co'Uirit—I hardily think this lis 'fiafir. I iWOUM' be prejuddc^d iwith. irriy wife.

Q. Do yoiu imean ito icohvey 'the lm,pre®sten by your answer «tihat you think there is hot iS /pid'Ssitbility Of dloniht as ito •the coirnectn!es3r (a£ your concluisiom

A. I thSinfk ,no't. Q. Yo,u thinlk your kniorwTedge oif imed'iclhe Is such, your knowledge df Sciemce is su'dh that the exaimlnatioin you made of that iboidly is such that you cannot be mistaken about the cause oif thlat girl's death?

A. (No response). ._

Q. Whiait examination did you make, Or-viHiiait were you hunting for In the lungs?

A. F\)re£gri substances. But ,we fonimd noiuh'itaig. Q. W-hait' was the comdJStaion of 'the' lungs om the inside?

Science of Medicine Sot Absolnte. Q. Is your knowledge of science limited to the sfciemce of medicine?

A. That is my profession. .. Q. Is your knowledge o(f science limited to the science of (medicine

A. Not altogether. 3. Do you profess to foe ai chemist? A. No, sir. Q. (Do you tell this jury that the science of medicine iils an absolute certain one—inifallialble?

A. No, sir. I do ntot. Q. Don't you know thlat it is not? A. Yes, sir. Q. Don't you kmow -that diagnostic symptom's are frequenitly misleading?

A. In some instances they are. Q. Don't you know they are ifrequemtly so?

A. Yes, In some cases. Q. Don't you know that When you say you could not be mistaken yOu know that you do not tell the truth?

A. No, sir, I don't. Q. You have testified (before as an exipert witness ott Othei- trials?

A. Yes. Q. How Jonig haive! yoof (been praJotic-ing-metdicine? V.

A. iSintoe 18^3.

When did you graduate? A. In 1895. Q.

You oomxmerioed practice ra 1883 and gradiiat-ed 1895? A. Ye*, sir. .. -...

Q. HOW lowg have you Uvea at KockVille? A. Thtee yfearsfc^.-*

Where did you live before you (went to Rockvllle? ,^rr iA. Atheraa^ Partt« county. ^P -4

53in

Q. Where were you before that? a A. Wavelaaid. Q. Where did yo,u live before you went •to Waveland?

A. I don't kno#." 1 fltrai horn hmd raised there. Q. How many n»d®chl colleges toe ycru a gradiualte of?

Q. How many medical ccfllegea are you a graduate of? A. Rush M«JIC&1 Coffleg«, Ch'toago.

You' as« hot a graduate 0® amy other? A. NO, fetr.

Do you ktiow Dr. Howard Mia*Well, prosecuting attorney of Parke county? "5*

A. .YCP fiSr. ^, 1 Record ft MMtteftl Sttident. Q. Do you remember of te^tifyim?? in a case whlcfh he prosecuted against Motaca fiwa^at

4sra» •:-1

r1.

A. I beOdeve did. .. &fiv Puett defended? A. Yes, air. Q. Yow trerea A. tm, Ibr. Q. You ^nnemher a£out A. Yds, sir. Q. I wtH ask yen* to teS rthe jury if you did not swear that you were a graduate Of the Ohio Medical College, a a a a

r. Puett?

A. I testified I haid fifiMiea two fcourses. Q. wM as^c JiiM ifb a&ute If ^oU thctn't testify on 4hat trial -that you were, a Irnaduafce of the Ohio iredioal College?

A. No, Mr JX1 Jtt MBfok, I .tj. ttdh't Sou' te&tff* rn Q"tfbsfat«5e lihai? „..

A.,,I ihiasl aifehdeef •«6Uj«e^ if igBttojjisi «he, last JNOPSI. AJIID did

%T' (JAKE $HE FTIMW- •*'•,

Q. %ou say that you tora tftie jury you •Were not tt graduate oif that* college A. I toM rMrem that I Attended two lectures and RiBaft owing to SlireumStawceS I did #t complete the ofc^urse.

Q. WSB the evidence to that trial -tafk^li (dowh, ctootor? -vt...,-™., A. I think It i- -t'.*

Q. Now, aftef Studying abdvR 4t» I Will ai9k you If you don't know that yoiu testified in thAt trfeul that you were a graduate of the Ohio Medical College?

A. I think I tiestlfied a« I j\ist «rta,ted, Q. Are you Sure aibofuit Ut? A. I thitoik Bo. /'$ S* 1 Q. I wHl ask you If 5"Cm don't fthoW that j'ou testified that you wtferfe a graduate of .that college, and that the-ri the Pairke County Med'i-ca-l Society investSgated the Uiatter aaid fowid that you Were not, and that you were compelled last year to go to a college and get a degree?

A. Noj sir. Q. isn't it a fact that you didn't gs»t a dieigree ctf anj\ college unitiP. 1895, twelve years aj6t|ff you oommeaioed the practice Of medicine?

A. Yds, sir. Q. I will ask you so that you may not friake any-ihi^fcike, if you didn't answer ito Mr. i^ti^tt on that triad* in your dbre6t examtoiltion, that you were a gr®lduSjtie of thAit cidWegfe, tund then if Mr. Maxwell dMint crogEs-6Samikiie yoU?

A. NO, Sit. Q. What time ®d you go ito the graveyard or ceinebery the day of the anitojtey?

A. I itihi'nk 'it wais the 18th day of July 4bouit 12. Q. Whom did you find there? !, .v

A. I diidmifc know who all Whom do you memennber? A. Dr. WJHiiamsan, hfs brother and ion, amid tr. ivicKey, tftuimk. These ffche citri SS that 11and Soon ttft^rwards I .waa totrOdtBoed (to Dr. Youi^f iaid Dr. Fine.

Q. At whosie request did you go there? .A. A't iiihe (request of the coroner of t'oun'tohi coumlty.'

Q. Dffld he sde you personally ?. A. No, sir. ,. f| iln Q. DM he write you?- -f"'! -|T A. No sir. Q. .He sent am oral message to you, did he? i..-

A. Yesi sir. Q. At the time you ma'dfe that autopsy did you have amy knowledge or Information or any other facts in coirnectton with the death, of Clara Shanks or the finding of her body other thain those indicated by the body 'itself? .i

A. Yds, sir. DM you iimqulre as to where the body Was found?.it

A. -No. 1 Q. Do you know? A. I ihiad read Ut in the "paipere. Q. Dtid you go to the pwoQ after yoti had leiair-ned that the body was found in the water? '•*.

A. No. 'I inteve^ SfeeW thalt. Q. Did you know how l&itg ilhe body was in the water, Or did you make athy •inquiiriies?

A. I thank I Wa-'s to3d, but I don't irtemerhiber -Who told me. ^3- What W2tB youi- information (Ml that pO'i'nt?

TOS

found in a pool otf

waiter H« Wolf Creek falls. How Ijoflg Bidy tV&8 lit Watfcr. Q. Thatt !Ss liot ahy amsWer "to my qti-feKt'Mi.- YOU ttodersbamd my JiiqiiiTy to be thoiw Rwig isfli'e had remaiiieid 4n 'the wafter?

A. No. .\v f..^'. Q. I hiaid^ Siiqui!red of yoii "'wTrll your opiiraion was ats (to tthe •iieng'fh of time the 'body 'Was 'Ih the Water?

A. I think some one told me. I dolitft rein ember who 'it was. Q. kow long id!d- you learn the body Wais in (bhe waiter?

A. I -leiairniSd froin some one that the body was found 'in the waiter o(n tthe 7th day of July alnd that she had diisaippeaired the. previous day, somewhere abOut 12 o'clock.

Q. Were you adVioed (and d'M yxU umdieinStamd .that the body haid been In ithe water from about 1 o'clock the previous day until Sunday momSnfg?

A. tto, Sir. Q. Were you ImifOrmed tlhait the body wais platced Sin the water about midnight?

A. No, sBr. Q. Did you have dnformatkm or uridersitaihid'img as to when the body was piaced fin the water?

A. No, sir. Q. Dild you make amy toquiry to -kmow when the body was placed in the water?

A. No, sir. Q. Did you malice any Inquiry or do you know whether ithere was amy blood froth exuding iJrom the mouth ahd nostriflte when she was takebi out of the waiter?

A. No, stir.

Did you make amy flmqulry or do you know whether the body was bleeding- when it twas taken out Of the water?

A. No, sir. Q. (Did you (know or did you make any inquiry albout what exaimination had tbeem rniade by physicians ibefore the (burial?

A. I w!as 'told. Q. ©Pd you know when you malde up your mind 'that the (girl came to her 'death by Violence that four reputable physictlains had exaan ined the body before the same Was buried and had oome cluded that she had come to her death tby drowning? Did you know that?,

A. I never heard thistt. Q. You didn't khjCAw that.D-r. Young and Dr. SiHrimirt't aiid Or. JCat^inger amd Dr. (MfctKey all exaimlned that body betforc 1t vrais hurled?

A. N'b, Sir.

•)*'1

T*.

Q. ^Upfcise doctor,' that Dr. Ycxunig, •Dr. Caplingesr, Dr. McKey and .Dr. Spi nnin^r Thadje an exafmimktldn df the body of Oaira, Shanks betfore it'was IburDeid to ascertain whether she h^d cortie tb 'fer deaith by violence or tby drowning and they Came to ftho oonttlusion on the examination made thfeut she h&d been drowned—would that weigh, on your rttad?

A. Not Bm the autoipsy Work. Q. I ask y6u whether or nOt in icomnefctaon, with the aaifeppsy #t iiiould creato (toy doubt In yonrr mind as ito wtfw«th#r or wot she might have been drowndd?

A. JBetfore the autopsy 5ft would, certainly. Q. After tine autopsy?

A. (NO, Iftt» ti would not. Q. You mean to say thlat, iif we asmima for the purpose otf the question,

Dr. MdKegr, (Dr.

Oapllnger, IDr. Young anld (Dr. Splnnfa* »nade acareiful exarataaitJonotf that flxtdy ft the dsy (before {(..was^SHiried at iwlthln *.- •tfwo Mys at least of the time of her •death, for the purpose of asoertal-rflne

••whether jyr- aat s^. had Oorne to her deaith by vicfleLace- qa: (by drowning, and •tinose tdoc^rs-Jfcnpw |bialt the body was found in the water, tiwy knew that her limbs were contracted, .thiey knew tth&t a tofoody froth cam»Jfram the mwrtritej thiey knew she waslbleeding at ithe tkme 8»e "Wad taken Out of the watesr, arid wl'th all these faxits, they.conplud^ that 4h& had ootoe to her death by drown* Ing, do£ y^ sjiy, tth^jf ncH.

BOt,4tcre^o%sl0Uiftt in youra^udf?.,,,^

Q. You think ^xir eVatmSiatloivcrf body •tfwelve days after- deaath iihe body wad ^yo^ CouM not even make a -satisfactory examination Of the metaJbranes of th4 ibrain wotfid "be more reliable thart an e.tanwihaftlon of (fcmr itsut able physi« eiams made fWTthdn .two days after th« death Of the tgSrl with tthe knowledga of ail of ifiie SaofcS surrounding* fie^ .y death?

Wf2tness—(Please read th^t questlook Mr. iPuett—'We otbject, for the reasoi that there Is nothing' ia that question .toshow whait e^aaninaitionwasirnajde by the four doctors. The doctor could not fcive an answer 'to that question with* out knowing of what exaimination wai tnade. I do not see ,hosw he can answer

It. Mr. Beasley-^Ejet me gee .if he can an- 5 swer it.

Thfe Court—I tmt is ah wafato

The Oainrt—If aU the incidents of tha^ exsun'MiatiOh ha^ 'been brought to. tlhe knowL&dge of the dJoa&or them you piiigWt ipnJt flhie questdon. It ha not mecessary .thalt the qumfeft fftseif sha® irncfude a&i (the ifacts, ibut if his- at'tention is called (to fhe same and he .und-erstam^s just «t-a$liy wftfeit eMiMfiatifWi WfeS made—1

Mr. TJaimlb—(Be'caiutee he 'is here a 3 an expert. Mr. SiriiKiis—Why have they any night to know whietheif hie tihou'gtht this report w%iiMi 'be a good report or not. The testimony goes to Show that hie was conductd'ng- an auboipey. Now they ask Ihim •if i»t would'have bOrrn upon h!is imiimd BE he had known 'that Some other petsoai •had made an exalmffnatiion .WLthouit .putting h'Lm in .possession of the facts or thfe5character of that exaimination amd asking him to say to ttys jury whether dt would mot dhtamtg-e l£s pinion 1'f he had (knowm tih'at. 'We say he has a (righ to •know .the 'kind of an examdnaitlon. I know one attorney who'is w®in« to say. ft—I ami willi ng. tMr. Jjamh—There ismt anything you are not wdB?n(g to ®ay. Ybu speak for •yourself. ,j, ,.

Mir Blimims-Mjr. lLamih, you tdlon.6 mean that. air. Uaimh-Yeo, I mean- (that 1« thM

C^Se

COurt—^Not another word.

Sre^^t'-^The first one that oay« »Ser wor4 I* ,™ case. Gentlemen, you can do it to thia coumt. iMr. Lamb—1 desire -to explain. Mr. Simms ApoloeiieB to the CoartOnly

The Court—You cairn expdato afitter while, Wat now. Mr Simms—'I desiire, in -presence or Mr Lajmb and the count, «to offer an aipoSogy for having lost my temper. 1 aJmpffy want to put imySe®f ogrn ana ask to apologize 'to the court for to-vftnfi done a tMmg which I feel ashamed of. tM-r. Latmb—AS far as I am oondernea, I Only want to say Ito the oouirt ^at I dDd -not have amy reason to take off ems* attfOhalt you said*, amd I don't .undersfcsSd thene is any troclblo h-ere. I repeat, your honor, and I

qttesjMfon. ... .1 Mr. Beasley—Judge, you hays got to i-a&e tlhe whole examination together# Ttnait Question ^tartding aloihe, taken b# itsel.f, imi-gtht not be .proper,. ,s

MT. Puetit—Dr. the -cotiffit .please, the witness has stta'ted that he never ihsand of t^i-& ex^tmnSMtifni' iirfade by the tour .ctoc^oira orntiil 'Jt was suggested by Mir. Beasiley.' Then 'the question ft-o tthe WStn^ss emfbira^es cef'id£n fetfttemes-fS and he answered 'that question and-mOW the is framing aho their-quest ton rfelwir-" di£g (to that' eJtafrifrialTOn -Wffei rtorje Ot these Q'ueslt'loTis states fuW.v What ChefOuir physicians idiid. The Jocfcor has alreaidy stated that Be nfcver hMrd Of 'the examination umtil Mr. Beasley xn^n- .*• tlfoned It. •®Sr. Lamb—ifour frfsnefr, te® fs fi®t "d direct examriha/tloni is-a cross exaan-r» ?na.biom. We have a rigif.lt to test the vaJud Of the evMieaiioe^dif'tfBS wifeeil^ Oft-43* amy 'te.gi'ttm'a'te way What w-e can. We aire not compelled to go into deta.'il. We •are askin.g whethbr a certain COrJ jil,r6S of things 'wouid (have amy effect. Mr, Beasley prtypevunds the q^uesDlon. Sup-'isw-lng: 'it stood aftehe. Bo'pti53&6 d#crfrcW*,T that you ftpew Ikxiwr repuftable ffchyslif-ci-'ains lh-aid made am examination of t'h^s body within t'wo days a'Jter eifte was ftnitrtdin the ipoOl for the purpose of as-certatnl-nig wfliether she caane 'to her death tby vdoftemOe of Whetffiier she was (dlrowhied, amd reported .that* in 'th-^fir opimHon she had come to her death. by, drowning, 'Would that have aiiy -cffect upon- yoifir ojK-triion. Siippose' the qUes-1 t'ion stOOd altrne, woniidS 'aAy confrt,would any .attorney., s(ay thatt we would have •a right to ask him whether any examlifta'tfcn, I don't cafe what' 4-t te, w.hfdbl¥eir a/ny 'Gxairtfltx-M'tofti tifpdti ''they could ,base 'th'dir optodon, w.oti«d jiaive any effect upon hd's mii'nd. We have a right to kmOw "that, imdependemt of,, what the ex"aimiiriatiiC'n was. I -fRMi't care tf ttttiey onfly mlaike am- exatrfimafjon of only one lotftgam, we have a rig'hit .to kn'oiw wjietK-eir .fhiift fact would have an effect utibn the riitod Of this wit'ttet's, wiho is aiinder o&'th." iMr. Silm-ms—'For what purpose have .tluey a fight to know What weight the •testimonty of any ilivtitrfg witness, or any •book, Tor inftoufice, m1.gh»t have Upon tilife iirffimd Of 'tWiS witmesis

want

tthe

the gen«

tlemian 'to •umdierstamd it, that what I meant to say was, that hfe wa» biased in th'ik case that he would take any -position tfhat he can torn it. I mean no offense, and if thalt offens^j I camnot toeilpW. ™**T honor I sitarted to a n«wer

g'en^eiflia-a

to make stiif rttoaric th«t \^ouid Rlvt offense to ^anybody. I started to aa? lihat Ithe reason Why ttras question: conwpeteik Is iieicsause if this wdtnes^eosw«rs that tfti» hoMing of t-ion wouftftidtaVe. -no" wehffht cw effect upon hfs mind tdne jury wOu&l have a KWi ttf tftjftlcOnSMej* Ms eftridwiee at aili. or tc #ve^« vfery Utoie weii^»t if to theftr judgment they U&ouigh* that ytm proper.

Th-e Oaurt—I aim ready to rule 0® «ws. The wStwes® is a^ked to make a ment whether or not Kht emi»JnaWoa nKa.de by a repontaWe pfeySidan wewM !hav^ any w^ig^ht ugxm Ms haid known tthat eflta7nftifa®c»n bad e«n imdta in re«dertnr^8 tf»ii^»n upon the airtopsy. Dhe ten the jury whaf we^t. iff wOiild (haw 81^ **bM I don

A do

WKS tfflrectaon of the Q. 1 wtB put tt tfyou in a.nrtMOr w«3r.

iMi