New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-14
SATURDAY MORNING. OCTOBER IA 1854.

O. That is the great difference between laeerated and
cised wound9 a. No, it was not an incsed wound
Mr Shepard Can form any Judgment as 70 the po.
wound was inflicted A. Do you mean from the drec-
tion Of the wound, and the wound itself!
O. Yes? A. Taking all the circumstances Of Its being
in the back and the peculiar direction Of the wound
O. ask you you from the direction of the wound
Ihoud judge that It had been given while the parties
standing side by side with their faces towards each
other for the following ons Because the direction Of
the wound was upwards; that Is not wound that we
would expect to be given by person who is in front
Mr.. o'Conor BY person who stood opposite the place
wounded had stood in front the wound would likely have
been horizontal but in this it not it was lit
forward and the hand must have been very close to
Mr. Shepard Is there any other to think that
the parties stood side BY side face to facone or the
| of the wound.
q. What the immediate Of his death, Doctor
A. Hemorrhage in the lungs, together with the mechani
cal mpediments to breathing which always take place in
those cases.
| q what do you mean by hemorrhsge in the lungss
A. mean bleeding from the lungs-internai bleeding Of
course.
O. What amount of blood was there which had flown
into the cavity Of the chest? A. At least quart:
@ We're any of the large vessels injured A, No: The
large vessels attached to the heart not wounded
Would ask you What was tie vital part that was
struck by the weapon which produced that wound? A.
The lung was the vital part
could have produced death A. No; there was not.
| O. Now want to ask you if that had been simple
which you have spoken Of what would have been the
probable result? A. 1t is very difficult to say
times persons recover from wound of the lung and
| sometimes they do not.
q But could any person have recovered from an in
jury involving that amount Of lacerationf A. think
| q. Why not. A. The hemorrhage would be SO great
| that it must evidently cause death
Q. But by puncture made with instrument similar
to this and which avoided all the larger vessels under
stand you to say that you think might have
covered A. Persons sometimes do recover from extern
/ sive wounds in the lungs.
| Q. Have you known an instance of that?
Mr. O'Conor objected to the question as
leading.
The Court understand the question to be whether If
sucn wound OF equal extent wtnous iaeeratlon were
inflicted, would it death? A. That is difficult
4 question to answer,
Mr. Shepard Assuming the instrument to have been
straight! ,,-5.
Witness Do you mean assuming it to have taken the
same course as the wound in this cases
| Mr.. Shepard Yes. A, I do not think he could have
recovered sometimes patient may of extern
sve wounds in the lung but this at the back of the
monary vessels is doubtful under the circumstances
/ whether the patient could recover.
I @. How long would person live who had simple
direct puncture the direction and of the
depth this you have stated without any other lacera
ton A. do not know that can answer that question
i Mr.. O'Conor objecting, the question was re-
duced to writing, as follows:
4 O. supposing wound corresponding exactly with the
wound which you found upon Col Loring in every other
respect except the aceraon necessarily caused by the
employment of sworcane with straight blade Of that
size, how long, in your Judgment would the wounded
person survive?
Objected to and allowed--exception noted.
A. That would depend great deal upon circumstances
if the hemorrhage were external out of the body ht
might live some little time but It were internal and
suocation, death would be speedy it is impossible
for me to state exactly the precise time man could live
under these circumstances
O. Have you any means Of arriving at any judgment
which would be better than could form upon such
hour and with very extensive wound, they have
lived three hours. and longer.
The Court here adjourned.
FOURTH HDAY............NEwY YoRK, Friday. October
The Court set at 10 O'Clock, and jurors and
counsel being punctually in attendance, thu
trial was proceeded with.
J, rIn the report Of officer Johnson's testimony
, that part stating that DR.. Graham had told him
, when arrested, that g sohat he had done ssul
done in self-defeace" was inadvertently omit
, ted.]
} Dr. Uhl-Called and s.examined by Mr. Whiting
Question At what time eff the day. Doctor, was the pos
mortesa examination conducted
Answer. At Tx o'sock in the morning.
O. At the orifce of the wound where the instrument
entered the body what was its appearance 1t was
clean wound the edges not ragged torn present
ing somewhat the appearance OF an incised wound
exactly the shape of the sword which was shown t.
me at the time.
FL O. If the instrument had been turned in the bod,
would you found the evidence IF it at the orice
| the wound? A. should think would should judg
SO it was exactly the size and the shape of the sword
. @, From your examination OF the wound, was ther
any evidence from the wound that the sword had bee
turned at in the body A. There was not examined
particularly with reference to that
@ the instrument had been twisted in the body afe
it had entered it not have left evident marks OF
A. should think it would; I should judge it would.
@ May not the point of the instrument have come II
with the lung without giving an ncised wound
have been lacerated have described by win
8 drawing the instrument?
O. think that the way the laceration was produce
was by withdrawing the instrument.
! A Juror. Put that question again.
O. MAY not the point of the instrument nave come
contact with the lung and caused aceration by with
drawing it? A. think the laceration produced b
!. withdrawing the instrument
IS Q understood you that the instrument passed uE
9, wards and forwards? A. Yes sir z=
g The instrument may, therefore, have passed in
the application of force in direction, and It migh
e tie different direction? A. That is the thin
that is the case think 1t was introduced IN one de
tion and drawn out in another in & different one ro
Q. You found sufficient in there to account Tor Tn
Is laceration2 A. Yes.
wards and entered between the ninth ana tentn fos
N d WIN YOU have the kindness to show about ho
low the ninth tenth ribs are? The position Of Il
VI ribs was pointed out by the witness) -
O. That would be twelve inches below the middle Il
Q. What is the whole plumber of ribs' A. There al
'u twelve ribs upon each side.
ls O. Will you then describe about the line upwards tn
o, the wound took? Z &
Mr. O'Conor The angle.
d. The Witness About that angle. Describing it)
IT, Mr. Whiting understand you, Doctor. that the pol
the instrument reached within four inches Of the c
it vcle. A. About that.
no @ That describes the angle of the wound upwards
r. A. That describes the angle of the wound upwards
10 The Court Describe what the clayicle is A. II
small that goes from the shoulder to the sternun
it sort of to the 1t is the first bone abo
$50 the breast-bone.
Mr. OConor 1t corresponds in back to the collar bo
in front? A. 1t is the back part of the coar-bone
:, is united to that and to the breast-bone.
" O. Repeat that. A. 1t is united at one point to q
breastbone and at the other to the sternum or bac
" bone.
Mr. oconor 1t corresponds in to the bone in from
u A. Yes.
!, Juror Is it very prominent bones A. 1t is We
- prominent bone. .,
Juror Can YOU feel 1t distinctly? A. Yes by putti
~ = your hand upon the bone of the ueck.
Juror understand the Doctor to say that the pol
of the instrument reached about four inches below h
bone! A Below that line
s!l Mr. Whiting Which clayicle did you refer to--t
at right or left A, The left clavicle
re o. Now Doctor, this instrument GEMS to be ben
Will you state in your own Judgment how that bend
to be for supposing it to be the nstrume
n with which the wound was inflicted? A. think th
the sword as have stated before, introduced p
he nearly soand then this pt
OF ton would in contact with the bone OF the che
and the must consequently either bend or brea
You could not get it out unless it were either bent
ur broken Of portion Of the lungs would be
tween the bones Of the chest and the sword and IN
would account for the laeeration.
n ityrnu