The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1872-01-18
rERIIRLY uxCERTAIN.

Elswhere in The TINES tins morning We
reproduce from the New York Heru,d an in
teresting article upon the testimony Of chem
ical experiments in the famous Wharton
Ketchum murder trial. The article Is in
terestiny because it shows the unreliable
character Of this kind Of testimony, and
proves that a chain OF evidence, complete
and convincing, and which appears to be es-
tablished beyond the possibility OF a dogbt,
may be broken all to pieces by rebuiting tes-
timony Of the same character. In the par
ticular case in hand, this kind OF evidence
chemical analyses by scientific men, of the
contents of the dead mans s,omlch-was
brought forward by the prosecution, and
seemed to establish the guilt Of the prisoner
as clearly as it would be possible for circum-
stances to prove snything-so clearly indeed,
that when the prosecution closed, there was
not remaining in the minds of jurymen or
spectators shadow Of dOub. as TO the pris-
oner's guilt, and it was thought by all that
the defendants counsel were undertaking a
hopeless task. But subsequent events have
demonstrated that chemical tests can be
made useful as Witnesses upon one side
as well as upon the other
that an the matter Of chemical
examinations OF a dead mans stomach, for
the purpose OF proving the guilt OF prison
er, "a little learning is a dangerous thing"
and that such tests, unless made by men that
are thoroughly competent, are jnst as likely |
to convict an innocent party rs a guilty |
one.
In view OF TIE fact tia; 4 prisoner is now
lying in the Jail Of Anderson County, Under |
sentence Of death, for the commission Of a
CRIME of which he was convicted upon tes-
timony precisely similar to that which has |
Just been SO at.ec!ually dissipated in the |
Wharton case, We call the particular and
careful attention OF the Governor Of Kansas |
to the article above referred TO, and in view |
of all the circumstances ofthe case we submit |
to his E1cellency whether the prisoner,
Medlico:;, is not e! subject for executive
clemeIcy. We know that Governor Uar-
vey is conscientiously opposed 10 interposing
his prerogative between the prisoner and the
sentence Of the Court-that he believes the
law should we lief: to take its course-never-
theless we think 4 careful consideration Of
this case, in view Of the important fac.s de-
yeloped in the Wharton trial, and which
have been brought TO ligh: since the trial and
sentence OF DR.. Medlico.t, will convince the
Governor that the Medlicot, case may be
very properly made IN exception to his
established rule.
According to the testimony OF the most
learned and accomplished chemists in the
United States, elected in the Wharton trial,
the ordinary professional tests-upon tie
strength o. which, alone, Medlicott was con-
victed-are utterly unreliable, and chemi-
cal test is not to be depended upon unless
made by the highest methods known to
science, which are said to be the electro
chemic, and, greatest Of all, the spectral
analysis. The elec;ro-cheIic test has the
effect of removing every particle ofmoi';ure,
and leaving on the walls of the porcelain test
vessel dry powder residuum as pTecipi-
tate-ihe very original drug itself. In the
spectral analysis the result is obtained by
color-the spectroscope being the instrument
used, and the substances 10 be examined
either in solids, fluids, or gases. Solids are
made incandescent by compound oxygen
flame, and reflected through the instrument.
Fluids are placed in vessels with parallel
walls or tubes, and gases by an electric
spark passed through them. Every known
metal, alkali or alkaline earth, when heated
to gaseous state gives of light peculiar TO
itself and influencing the spectrum in
manner peculiar TO none other. In one of
these two ways, alone, can the presence OF
poison in dead mans stomach be definitely |
determined, and to the average petit jury |
this is all Greek.
1t ia terrible thing 10
take a human life, even by due process Of
law, and when the victim is clearly guilty OF
capital crime, but when, as in the case OF
Medlico,,, there is, at least, a possibility of
the prisoners innocence, the responsibility for
his execution becomes matter infinitely |
more grave.
On the ground of humanity, We are OPP
posed TO taking the life of Il fellow being,
legally or otherwise, whether guilty or not
guilty, end believe that the blood of every
man SO killed will he demanded at some
Jody's hands, but the circumstances attending
the present case appeal also 10 those who be-
lieve in the Righteousness OF capital punish
ment, because it is rule as old as the law
itself, that the prisoner should have the ben
enet Of every doubt, and there Can be no
question now OF the fact tia. scientific devel-
opments brought cut by the Wharton trial,
have thrown reasonable doubt upon the
guilt OF MedIicot;. Hence, we appeal no,
only To the Governors humanity, hut also TO
his love OF Justice, to bid the bangman hold,