The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-14

Win the ODleCb " oN'
stances Ss Of his bringing the clothes TO me-
s5anSes e. which occurred at that lime have reason
stand the responsibilities Of an oath.
sen,s nI,osseHamned-He brought the clothes TO me IN
make, make microscopic inspection of them; when he
great interest In the case had about half hours
ength ~ ION with MIN to-day, and about the same
from my examination that he is perfectly but
to l1 me yesterday aud to-day are true.
M NJ WWannMI WIo propose now to call Mr.. Franklin.
Commonwanaih Snhsy Sy It please the Court think the
IN, I'm enjoys lucid interval. The party making the
G1eGnon must satisfy the Court that the witness is
nns@eto ms ALLOW his testimony to GO to aur That Is
OF that character--s il i'm snc6 a eondition that il
% W0nId be unsafe to allow the testimony to go to
i sbon not sufficient TO exclude him provided it is
GT M ne has has Hcd interval have sh0TM t9o M
3T mS1 hSpp for w. haPPy goi tor d ne
3ttI , l. l am not prepared with testimony to show
Wnd ad pegnn; 6ut certainly after he was released
S 70 say Mhener this lucid interval of that character
Ihatwil depend entirely upon the safety with which
snEh 9GF,, testimony i,r,oy can @ be offered.
smoarrassment. It has been before the Court num-
the r Gao as Te IS posSe tor us
cE, Un ~ the same time having regard to the peculiar
Sy[ U Ine witnesses who are now produced by the
In the old questions upon this subject. reported in
tne @ law ana equity reports of England it was decided
Court, that lunatc under confinement in a lunatic
ssyinm m is admissible as witness If the judges con
Sluer MIN competent in point of understanding and
10 be aware of the nature OF an oath.
Court that the witness labored under decisions, and
yet at the same time the testimony of experts was
action :, of which he had been an eyewitness,
,oncurTed IN the opinion that his testimony ought to
& De reGeited Dy me Court he being competent Wit,
being cross-examIned test the credi0iiity Of his
evidence find that in this country the question has
arisen, ana the leaning OF the American Court in
IN favor Of it is pronounced in the which
must first determine hether this witness is aware Of
tne nature OF an oath, and secondly whether he is
be sworn His examination yesterday, and the testi-
that he is aware Of the nature Of an oath
- i inns testimony. coupled with the testimony of the
out being sworn renders it somewhat difficult to de-
@ 6s Ge be % b testify to
The medical expert Dr. Jones, testites that he be-
oath, and that he never detected any flaw in his
memory, and that he would tell what he believed to
who states that he say him day and yesterday and
the interview, which he had with the Witness
when he brought the garments to him he states that
he had clear recollection Of the circumstances at
Go medical brings US to
that we ought to permit this witness to be sworn,
if his memory had been tested by medical expert
3 W hf TO yery hS Of ssy he
the marks he placed on them On these points he
may testify but we limit the examination TO the points
Benjamin. Franklin sworn-I was the Chief of De
tectVes the time of the occurrences first saw the
prisoner at my office; saw the CLONES tnat o were &
purpose of having an examination made tcoat shown
and recognizedD put the time of day on them; here
MED NJ reminded the District Attorney there was
cane which was Sh1wn ana ne c ga aGs aGe
to witness by Williams was shown and he recognized
it, and testified that & was the statement made py
The witness was permitted to read from the notes
made, which he did as follows.
hS df we're or eTtensey stained
the staining substance was found TO be UNIFORM In
The stains were very dark, as If recent probably
The recent dale of the stains also inferred from
their ready soubility In cold water. +,
mepIaces of having been washed wiped scraped,
as the staining matter was most aounuan' On 'ne
The staining substance appeared to have been il a
fluid state At the me He2ed SI S from its navg been
sprinKled over some portions presenting lsoia'eu
Where the stains were most marked an examina,
ton Of them in dry %h cow EosSy and
dark reddish appearance oI ss Of tbe eaTmeSts
on immersng different portions of the garments ig
cold distilled water the LIQUID became TgG 'ae aed Ie
brown precipltate produced the RED color OF the
nqud was not heightened by addition OF weak
large Quantities Of ammonia rendered it brown.
| ter in the solution and rendered 1t brown. no..
The on the ssr 9n snsaee aePCatSe o o.
dsoyng the soP1 9 sS hs aad n
OF potassium the charscterlstc blue indicating the
presence OF iron. was not proguced ais, dissoIved by
| The spots on the razor WSre readily olSsoNeu W
For the microscopic examination Of the stains he
sSa nothinR and from the razor or was obtained oy
SIffeTent solvents water glycerine and water aho
such elimination presented apunda9tly the
blood corpuscles characteristic OF the Dlo0u Vi "
mas; & measurements Of the corpusces suspended In
ay yistics T of the corpuscleS of human blood ana o.
the domestic mammals; when 9aGGS medium the mea
amI'ranoents aI'r cannot be absolutely reliable A,a mo
The chemical tsS CRYSTALS Of reddish coor in prs
mato and rhomblc forms eharacters.he .h So6d Ot
the OF the garment were examined ana
PoTS think the blood had been spirited upon them
in hIlG hafSast the court took recess until o'clock
SunreIne COurt-Chief Justice Woodward
and Judges Th0mPSsI}hIo, hon PSo}Iowing cases were de-
iiyyerad.-Iong vs. Longstreth Juagment al
tirmed opinion by Thompsoh - os,s ,91i VS. vs.
Wain1Ion' .Son S T FIrie City Bank VS.. Allen;
iTSydgment modified; opinion by AgneW' De
-. 90 common Pleas-Alison, p j.
vSCconttons to Auditors reports were argued.
habeas corpus was oSre saT rom Kirkbride's in-
cnaisX sylun1 and was heard peIore thls Court.
99 was given in evidence tnav M, ~, moores con-
oucl, ~ ,9 U0 family first aroused suspicion as
~ ~ 1is tho state Of his nina, ana ne after
wards took TO sPendlng al every descri 3 Dt,on one
family ram yooSt without number, with which he
dIIed his house. Cohslo9Idus ,DS aS aSy IS was was
always pIeeVaUUd pre- md the sudden change In his con-
.l1ct aSSd the delusions with whicn MS mlnd
was niled; his HoEnett 6T the ie benent Of her son
ana Ia isIniig' MY IN the Asylum. The testimony o.