The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-31

OF the insurance company A. attend to little law
Q. What do you mean by ''ntue' law mat
terss A. It's very easily explained, l suppose.
@ Well then. that's just the reason want you to
explain A. Well, l make collections OF small
g Now. didn't you use to do something about
magistrates courts A. Not now, no more.
Q. To whom did you speak, II to any person. about
seeing the two menY A. To the landlady and her
der hs One az
had seen the very men whom thought committed
the MURDER M also told i to Mr.. Clegg:
about the natter A. About q week ago; was adj
ylsed by Mr.; Samuel $. Kelly to 60 and tell Mr..
Q. Did you meet anybody on your way homer
A. saw noisy party OF men when had got down
Clinton street coming from the direction Of Lombard
@. When you crossed from the west side OF Tenth
street to 60 to Clinton street how did you gos A.
cut the corner as did az Pine street.
q. In coming out OF the door you say the tall man
came flrst2 A. Yes, sir.
tced there trees on both sides OF the street and
they were little in my view.
q. Did he peep out first or come right outf A.
Q. What half OF the door opened9 A. The left
side; the one towards Clinton street.
Q. When the door was opened did you hear any
dogs barks A. No, sir.
!, O. Did you notice whether there was any light in
the back building? A. No, sir.
O. VINO did you leave at the choir that nights A.
The Organist Mr.. GOldsburg, who generally accom-
panied me from the church did not accompany me
O. Where were you when the clock struck nine
o'clock A. Corner OF Eleventh and Lombard
streets.
William Payne sworn-Am physician and have
been for tweny-six years; am lecturer in the Med
ical College; have hadse2perience in making mi
croscopic examinations OF blood stains; made an
examination OF the clothes or the prisoner in the
Grand Jury room last Sunday; the blood stains were
smears and sprnklings; have read the testimony
in tins case as to the bathing OF Mrs. HIPS head and
the carrying of the body from the yard by the prls-
oner; the stains could nave got on the clothes from
those causes; saw no stain that could not have
been made by the handling Of bloody sub
process like the bathing would cause blood sprink
lngs; the blood corpusces held In the water would
stain whatever clothing they touched; examined
this coat and found on the right lapel traces Of
accumulation Of blood; examining the shirt and
on the lapel, provided theswearer had no vest on,
that by bringing the coat lappeis quickly to,
Sehsr that the blood might be discharged
extend to the cuff; my idea about this was
confirmed by noting few stains on the shirt
which were not pure blood stains, but were made by
coming in contact with wet substance; II this poker
poker exhibedl had been driven into the brain Of
tine deceased part OF the brain would have adhered
to it, it being rough instrument it would be espe
cally SO; even smooth instruments cannot he put
into the brain without being somewhat covered with
and draw it out, part Of the cheese Will
adhere to the blade; the poker examined carefully
tact with hard substance; it certainly would have
been misshapen II 1t had struck q human SKULL
or half an hour might make STAN similar to this
see on this collar; 1t would have been done by blood
out Of the body for week; have experimental as
to making blood spots on coat; placed white
sheet OF paper my shirt bosom after putting blood
the lapel OF Old coat wOre and then quickly
drew the lappels t0gether the movement caused
blood to be sprlnkled in spots over the paper.
BY Juror-Ths could have been done even If the
blood had been on the coat an hour, II there was
any quantity Of 1t.
Crosse xamined-It does not necessarily follow
that the texture OF the coat would absorb the blood,
rffr fhnpn ornfif
blood from persons killed by blows on the head with
difficulty coagulates death by shock retards coagu-
II the person killed had received a shock of vo-
ence; even II the blood were partially coagulated
the spots on the shirt could have been made /; |
very small particles Of coagulated blood could |
have made every spot on the shirt or clothes |
examined; some. of the spots, had the |
appearance OF undiluted blood; those spots |
can be easily distinguished from others on light Tex
lures; the undiluted spot Is not necessarily round
and glossy; spots the right sleeve might have
got there by the Wearer of The coat dipping the cloth
into the basn If the cloth was held outwardly from
the hand the sleeve would have more stains ON its
outside; II the cloth were held lnwardly the blood
would stain the inner part oil the sleeve more than
it would the outer part; have no doubt that could
afser II sape Ia c9ntact with the bran brain resep-
cerned: think The poker cohHp have been driven
into the temporal bone without bendng or breaking;
the blood used was incorporated, ana taken from
subject dead for several weeks; belong to the |
Philadelphia Medical University.
q. DO you know The centre of percussion? A. |
q. ask you do you know where the centre OF per-
cussion is? A. do.
o. Where is itY A. Well, if / understand you, it |
Is where percussion is made over the centre OF the
head; with reference to the spot on the head do
youmean2
q. You are scientific man, and ask you You
have heard OF the centre Of gravity and there Is
such theory as centre OF percussionS A. There |
o. Where IL it? A. do not know that I under
stand your question wen enough to be able TO
J,,strict ,ttornav That viii 40
The defence here closed their evidence, after call
ing Mr.. lwtchel, 81, agaln to,tne stand wno testl.
ned that blere was Stove III tie sleeping room OF
mir. aud mrs Twitchell.
REBUTING EVIDENCE
John Macarthur sworn-I never heard anybody i'm
peach The ruthfuness OF Mr.. Joseph Gilbert but his
late partner, Mr. IhoTne; would believe him under
oath; have known him for eighteen years.
John Oakley sWorn-l have known Mr. Gilbert |
twcnty-one years.
O. lid you ever hear his character for truth ques-
tioneds A. Never until this trial.
q You would believe him under oathp A. Ger |
Counsel FOR defencc-Did you ever hear his char |
acter Tor truthlulncss spoken OF A. Wen, Idon't
o. Did YOU ever hear any one doubt his veracity9
A. never heard any one impu2n his character or |
yours either. |
even yours-for trltlluness. (Laughter)
O. GOu never beau OF his character for truthful |
ness praised? A. No, Sir. Until read the proceed
ings Of this trial in the papers never knew Mr..
Gilbert was 80 hohored la the breach" loud |
Iaughter.)
Messrs. Euhly, Stotesbury, Page, Fliny, Titus, |
Rev. John Chambers and Mr. Oakley all OF Philadel-
pha also testified 10 the good character for truthful
ness OF Mr. Gilbert
William ii. Pancoast, physician, was here called to |
the stand.
Counsel for defence-what Is Intended to be proved
by this witnessY
The District Attorney remarked that the witness |
would In his testimony rebut certain Of the evidence
OF Drs. Gross, Mauy and Mitchell concerning the |
poker and the coagulati0n Of blood.
The counsel for the defence objected on the |
ground that such evidence would be virtually re- |
opening the case, and IL the witness allowed 10
give evidence OF kind anticipated he would bring
witnesses TO rebut that testimony.
The Court decided that neither side could bring |
ill., as rebuttal, evidence which had already been |
given which could have been given and therefore
sustained the objections TO all matters with the |
exception OF that concerning the ooagulation OF |
blood.
The witness then testified as foows-I am ply |
sician and professor q anatomy IN the Medical Col.
lege: In my opinion the blood from body would |
take three nnnteS & onchalI hour 90 cnaUuate,