The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-12-22

NEW YO,
two inches In diameter, and contains upon its face
thirteen little block spots about the SIZE OF pms
Chief Justice MILLER-Are the spots easily oolit.
wTrsEss-I thinx I could rub them on with my
finger; never touched them.
Chief Justice MILIER-Do | understand you to
say that from the production Of those spots you are
Wiling to swear, SO lar a. your scientific knoWieuRe
n concerned that those spots must have been pro-
auced by the presence Of anthony or arsenic In the
solution you were anaiyxanxf
Attorney General SYEsrER-Have you. up to this
time, begun or pursued any tests by which you can
be able TO distinguish whether those Spots are anu
WirNEss-i decline to answer any more questions
until l have completed some s ness
a %s,er nG there sts ssss BY
whether these spots were produced ~ Tue presenco
made in reference 10 these two substances, whom
Was chemist OF the Baltimore copper CONF any, !
would prefer to determine the fact OF the presenceof
as TO THE QUANTITY OF POISON IN THE STOMACH.
Z chief Justice MILLER-Have you formed any
opinion as to the quantity OF antmony or arsenic
present IN the solution you mad under examination
WIrNEss-i have not. because might have got
dozen more spots; perhaps II IS eeneIas considered
delicate test and used to detect very small guam
Chief Justice MILLER-DO you propose to emi'
nate the metallic substance Itself BY your analyssY
WITNESs-l get u su1icient quantit. do II
get Q precipitate with sulpnuretred hydrogen
from an acid solution Of the suspected liquid, and
that precIpitate Is soluble in strong murtailc acd
and from that solution OF muriat.c scld wnite pre-.
cpitate Ii thrown down oy water and colored
slider that to be unmislakaole anu positive proof
OF the presence OF AntlmOny without the formation
try to get the metallic substance n anrlmony Is
present.
can 60 with this witness unul ne can complete mis-
analysis, and we ask the privilege VI recalling him
when he shall be prepared 10 State the iul aud COM
plete results OF his search.
Mr.. SlEELE-I never heard OF such proposition
In court Of justice IN the whole course OF my pro-
fesslOnal experience anu believe II Is without u
pre- cedent in the whole history OF jurisprudence In
inis country. The state has had three weeks
during this trial and Six months before to prepare
its case and now comes ana the court to await
until they can manufacture new evidence.
IN his power to do justice both the prisoner and
the state ana al Efforts were to be made to destroy
Professor Akens testimony, ne desired the analysis
SOMETHING LIKE A CHRISTIAN.
ATTORNEY General SYsTER--I did not expect to
have anything TO add to what Mr.. Reveil had
| said, out / find that the oner TO adjourn
By the counsel on the other side in tie spirit and
| temper which the tender was made. The question
ii y % the
| analyticai chemist, Professor Aiken mas been Sc
am amd famous experts are
/ y
Is not trial Of wits between COUNSEL but full and
fair analysis Of the stomach OF General Ketchum, 50
that this question or the presence OF poison may be
suit favorably to the accused and wish to God 1t
iends that surround her or the accused herself as
she SITS here with the palior Of death upon her
heart wishes it more devouty than / DO. Then,
why can they object to this Investigation going on
Mr.. srEELE-i trust that have exhibited no
| spirit or temper not justified BY the position In
but when the learned Attorney General claims socl-
tude for the Welfare OF thie prisoner. and appeals
bound to speak out earnestly in her BEHALF and de-
clare that the record IN this case shows that
this case evidence which the learning OF the Attor
neg General should have told him was clearly mad
q public oi1icer which his COOL candid Judgment
could not sanction. Indeed, have been surprised
Court -o'
Attorney General sYsrsn-Does the gentleman
impute to me improper motives In the conduct OF
Nj: srxElE- Perhaps not improper motives. but
Oil or us sometimes feel when deeply interested In
" Judge HAYDES@Would it not be wen for counsel
TO discuss the case ana not each others
Mr.. sTEELE-I did not mean TO 90 outside the
rule but feel 1t INV right and duty TO speak out
plainly in behalf OF this prisoner when the prose-
cuton declare their interest IN ner nenaf and send
ture the assertion tnat never wiInin the whole sa
range OF our hOQOT'S experience has SuCn an OQer
this been presented IN any court OF justice much
| less q case or life or death.
steele spoke seeiingy Of the Course pursued U By
! the prosecution, the question was given to the
The three judges consulted for some time to-
getner Is II considerably puzzled as to the course
| interest during their deliberations
THE COURT DECIDE TO AWAIT THE RESULT OF THE
Chief Justice Miller finally raped for silence and
said-"As the Court understands the case now pre-
sented this witness mas been put upon tue stand
chemical analysis made by him. ana has stated
certain facts IN relation thereto. The prosecution
/ now say that ne Is making further scientific
body that will take hun two or more days to com.
| plcte. The defence do not propose to crOssex-
anime him now. aud, OF course, the Court does not
require them so to do. The question now submitted
results results submitted at later stage Of the
one and the oeesss Msout
precedent IN tue history OF criminal trials. The
known to the law, and the material point is the
presence OF poison IN the body OF the deceased. A
chemist who made the original analysis has given
his evidence during the progress OF the trial,
but the State officers have seen tit TO send
sna ss anohT aD
BY another chemist, 20 produce more dennite and
satisfactory results; Anytang that wlil sned light
60 TO the jury The Court does not ask the defence
to open It's cross-examlnation until the State finally
| closes with him, but II 1t Can be shown, q
day or two hence. that poison did or did not cause
the death OF General ketcnum, we deem 1t our duty
| to let 1t be shown. The witness has not the
| knowledge now; and II the State mas crossed its
other testimony, the Court would take an adjourn
| ment to enable the witness to complete his
and give mis- evidence; and we would accord to
| the defence the same rights II they desired time
TO complete certain scientific experiments to fur
Their the ends OF justice. They would be entitled,
under our ruling, to have It
During the delivery OF this opinion, which was
| concluded at half-past twelve the most profound
silence was preserved, and earnest attention gwen
BY the audience TO tho Judge, and there Is much
comment this evening among all classes
effects upon the case.
PROFESSOR b. =. CRAIG ON THE FIRST ANALYSIS.
After this decision was rendered Attorney Gene
raj Syester directed Professor b. Il. Craig, Analytical
Chemist In charge OF the Laboratory OF the surgeon