The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-09

Of the chambermaid, If read ny an unprejudlced
mind gives strong impression OF pcrson dying
from narcotic poison. The testimony OF DR.. Conrad
gives the appearance OF man hunting through the
body for some cause on which he coald hang any
plea Of death from another cause. First he says "
may have been from the kidneys, or II not that, it
may have been epop,exy, or If not apopexy, soft
enlng OF the brain. When DIR. SchOeppe is told OF the
illness Of Miss Stennecke he prescribes no remedy.
There is no one to prove that he wrote
prescription, no apothecacary who made " up,
no messenger who ca ried IL. When It entered his
mind that Miss Stennecke bal received poison why
did he not Immediately prescribe antidote7 lie
rushes to the bottles and himself suggests that she
has taken poison After examining the bottles he
said that he wanted his stethoscope II he wanted
this for a scientific purpose he must have supposed
that the disease was in the lungs heart for that
is an instrument TO observe the action OF those
organs only There were no symptoms OF any such
complaint, and no traces Of such the post
mortem. When told after the burial that he had
better have the body exhumed and examined for the
protection OF his own practice he uses a remarkable
expression. He says:-''The medicine which she
may have taken will have been absorbed long before
this IL is well known that those who Kill by poison
in the present day do not use the old-fashioned
arsenic, but other poisons which will absorb quickly
He purchased at one time one ounce OF prusslc
acid, and four days previous to Miss Stennecke's
death he returned 1t, saying II was not good and
purchased another ounce. What could he want
with such quantity OF the acid? Apothecaries who
make up twelve hundred prescriptions year only
use about two ounces In that time. A dose for me-
dicnal purposes Is not more than two drops Of the
acid TO one hundred drops OF water, ana only a
small quantity OF this mixture is given at any one
time so deadly is the poison. II line word in
the record shows that this man has not had q fair
trial ] join hands with the opposite side in
asking that new trial be granted, but
II not, an instrument OF the law,
we most earnestly ask thai you affirm the Judgment
s. Hebron, Jr., concluding for the prisoner, said
tnat they had fear OF the case II they could have
way. We say in this case that the court below over
loaded us They gave us two questions, and sub
mitted them TO the jury where the court itself
should have decided between them for the Jury. We
have strong medical authority to show that the pre-
sence of small amount OF saliva in the stomach
would have given the slight trace of prussc
acid which was found. The post mortem
amounts to nothing by the positive evidence of
and paid for privately in Baltimore. 1t is not carp
ing our part to say that the judge should not have
allowed the evidence OF the doctor who himself said
that he knew nothing about the action prussic acid
as poison. 1t had been said that will find all
fairness in the proceedings OF the court There is
only statement in the recital OF which the pri-
soner could take any advantage, and this clause
is contradcted IN the next sentences. In this case
every witness who gave an opinion was treated as
an expert. Even Mrs. Parker who did not attempt
to claim that character, was treated as an expert
She is the only person who testi1es that the symp-
toms were those Of morpha. The medical expert
said that the symptoms were unknown to him.
A late French chemical authority, who is known as
the highest authority on the subject OF posons says
that the presence OF morpha can always be dtscov-
cred after death. One case is cited where It was dis
covered after the body had been buried for fourteen
months and after putrefacton had long set in Miss
Comfort, the chambermaid, said, in her testimony,
that the body was slightly wet with perspiration,
used the very words that ''the clothing was wet
with perspiratioD," whereas the testimony only
show that the body was moist.
In leaving to the jury the question whether life
another, point is given them which no man can
decide without experiment. We were entitled to a
clear answer to all the points whcn we gave the
court, but the answers were not to the point Tney
drew aside the attention of the jury or
MINOR and side issues. The facts OF the case are
not to be heard here. This is not motion for new
trial it is request for the charging OF errors OF the
lower court. II this new hearing is not granted TIN
mans life is lost But If even technical error is IL
the proceedings OF the case, we ask this Court t.
take advantage OF 1t. We never tried TO raise al
outside interference, as has been charged.
At the conclusion OF the argument the Court ad
jOurned.
Court ofiO and Tsrminer-Judges Ludlow
| and PuksOn.
In the case Of the young sailor, Charles Smith, whit
was tried for the murder of Peter Verheer alleged
to have been committed on the night OF October 25t
last, the witnesses called by the Commonwealth
failed to support their case, some being unable u
| identify the deceased as the person with whom tn
prisoner had slight difficulty in McCluskeys taver
Others swearing that the deceased was very drum
| and dlsorderly-and still others that the stain
| seen upon Smith were not blood, as alleged. Unde
| these circumstances the District Attorney did no
feel that he could conscleDtiously press conyc
| ton, and therefore submitted the case under Tn
charge OF the court. verdict OF not guilty wa
rendered. The case OF the other prisoner, William
Cox being exactly similar to that of Smith, it wa
| submitted without evidence, and verdict OF nc
guilty was returned The young men were re
| turned to prison, whence they will be taken bac
owing to a mistake In the direction OF subpoena
issued yesterday, there was no business before tn
Court to-day, except the case OF a young man VIII
indicted for assault and battery In striking anothe
for using abusive language to his father.
| +. a. Bregy Jr., representing the prisoner eA
planned to his Honor the provocaton that led to tn
blow and that the young man had always borne a
excellent character, 30 that the Court imposed
mere nominal sentence, which effected his immt
date release.
District Court, No. 2-Judge Hare.
Joseph Shuman VS.. Michael Cahi. An action