The New York herald., 1872-07-13

brusque language said tnat ne considered nm
great blower" DR.. Sayre being recalled came armed
with bis contributions TO medical science and full
Of wrath against our witness, who had. IN fact,
they dared not cali him. He opened his at
cas!on as this, where Iiie and death is at
stake, permit him to 60 into discussion on the
relative qualifications and abilities OF hostile pro-
fessional practitioners. Yet despite Of the inter.
the Court, this man was determined to thrust his
testimony before you, and to use a common but
not very refined expression, he appeared here In
..LIKE A MAD BULL. IN CHINA sHOP.'
overriding the rulings OF the Court and utterly
disregardlng the appeals and protests Of counsel
He was determined TO thrust In here his aspersons
and MS hostile feelings against brother physician
important Evidence given by ali the witnesses, and
by all the authorities quoted that positive rest and
quiet and freedom from all disturbing influences,
ensure recovery from such wound. DIR. sayre
says that he was at the bedside Of Fisk at nine
must dle," and told him to make his win. With re-
gard to the evidence Of Dr. White 1t is not
to say but little, and he is not put forward as one
whose testimony IL OF special weight; and the only
point In regard to him Is that while ne was the Or
dinary physician Of Fisk, he never took charge OF
the two doctors who have figured so extensively
here, Fisher and Tripler. Why was thisY Was there
% q 20 Ss % the a ns a
miner who lrst strikes Ills lead is entitled to his
squatter sovereignty OF the ground. Who are these
o %'a' ns Gas y 's s Df he es nsSs On
Ave years. And vet he commences injecting the
narcotics without knowing anything about "TaylOr
on
produced, and they had medical testimony that the
probe was defectye-a fact which DR.. Trlpler never
bOasted that ne was ''the first man to put
A PROBE INTO JIM FIsK's BELLY"
the probing probing and It wa was Conceded that they had to
probing done' DR.. Tripler had an ambition to
L he could succsed. VINO Is Dr. Fsher'
The man wS When ne sad ns
FISK FISK for Sali an hour to which Dr.; Tripisr r.
ne could never show his head in the medical pro-
iession-it would degrade or ruin him." Who else
name me- Il not in last years Srsctoy yet Il is in
the name cannot be found These two-br. Fisher
to swear that james Fisk died OF shock
ON THE OTHER SIDE,
DR.. CarnOchan, who occupies high position In q
public institution tells the Jury that from the
symptoms the deceased did not die Of shock. Dr.
Jacobi Jacte prinoeps the head Of the German ply
the symptoms are read to him. says the man did
not die Of shock. Dr. Benjamin Mscready a
IN Of a yea5s os s saseot Of
cotics, and has made narcotics q speciality. 1t
not deraet from his that
of the profession occupy; and If the prisoner
s to be hanged 1t win be against the protest Of that
venerable disciple Of the medical school, who has
an interest In the TRUTH and declares unhesitatingly
that Fisk died of narcotic poison. Counsel next
took up the question OF "shOck,' and argued
that II was lmpuEsluc tna! y muir wii1 walked ug
stairs with assistance said II am as strong as an
OK" and joked about his pain az "a hellyache," !"
t,ou md n a whole
deceased
NAY HAVE DIED FROM NARCOTIC POISON
was proved from the record Of the case. The fact
that the patient awoke and asked for water was no
proof to the contrary for p0sons, by drying up the
mucous membrane, produce thirst, and the patient
who THINKS that the fact that the patient awoke
and called for water proved there was no mar,
cotism, when asked 'what ran mp the pulse to $50
while the respiration was so low, answered
OPIUM -.
What Of the post-Mortem, which Is not provcd in
conducted by men anxious to discover evidRncD sof
their own malpractice. The medical allt ffoles
Geading from onel state that tho sympyms OF
ssssSSe SsSss SS ~ n ESus ms pSss
OF eleven O'Clock; in Twelve hours he had gone to
his nnal account
VINO KILLED FIsks
It !s conceded every hand that perfect quiet and
repose were necessary for the patients recovery,
but did they give Fisk that chance The proof
was that he was surrounded by Jay Gould, Presi-
dent OF the Erie Railway; William NJ Tweed and
seven doctors. II anything was enough 70 kill the
Tweed and seven doctors. Did the deceased get a
fair chance ? why was IN imperfect probe used
men Will never succeed in convincing the world
that they gave
JAMES FISK A FAIR CHANCE.
Tie doctors spoke OF the color of the patient his
paor and the GOODNESS of his skin and eXtremltes:
but nothing is more deceptive; no thernomc er was
used, and the patient might be burning from the
DOisOu while IN wpr
cold. Was not the defence entitled to the supreme
test of ANALYSIS OF the contents OF the stomach the
only test Of pOisOningr But no such analysis was
made. Counsel was once engaged In case In which
man was on trial for poisoning his wife by arsenic
poison were IL the somsc but hs nes
by which the test was made We're not them
selves tested. These tubes sometimes cont ain the
crystals or poison, ana SO much doubt was
raised on the subject that the prisoner was ac-
quilted. As a general summary OF that branch OF
the case the defence met the theory OF the prose-
cution that death was from shock by proving that
he might have died from malpractice by probing,
and especially by excessive doses Of narcotics and
where the doctors differed so widely how could the
jury make up their minds beyond a reasonable
doubt that death was the result of the effects OF
mortal wound
WAS THE KILLING NALICIorss
The next branch OF the case was whether the
wound was inflicted with premcdltation and malice
8iOrcihought. Murdcrers usually work in the
darkness and silence OF the night This man
goes In the open daylight to Broadway, when 1t
was thrOnged; into "a crowded hotel. with q hoy at
the oot OF the stairs and servants above; and hay-
Ing, by some mysterious means not put in evidence,
learned that Fisk was to arrive at the hotel lies
crouchng in walt for him. and shoots him. If that
was murder, never surely was such murder from
the beginning OF the world The prosecution put
on the stand to sustain their case
JOHN CHAMBERLAIN.
a gentleman gambler in Broadway who noticed
the direction in which prisoners eyes were turned
when driving in Eighth avenue, and Richard WAN
dell gambler on the other side Of the line, whose
name was not entered In the list OF witnesses, but
who managed to he standing outside the hotel and
to notice that stokes was running fast that he
Knocked against an Old woman. These are the
props on which The theory Of the prosecution rests
GAMBLERS.
Ifhe counsel dctestcd any class Of men 10 WAS
gamblers. They have no heart, no soul. A learned
professor once said THE professional gambler IL
so lost to honor, humanity AMI decency that IT, in
the silent watches OF the night, he was placed 10
watch by the bodies Of his dead parents he would
steal the silver coins from the eyes Of his dead
mother, and gamble with them on the cOfiin Of his
/ father"