The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-09-09

~ VI Iuc ucdTt liver ana Drain. WeaKenUx the vital
functions, impoverishing the blood, enfeebling
eventually to sudden death. Neither was the
OF the body. The urinary bladder and its
contents were also passed by. There can be no
doubt that medico-legal examination Of dead
body when the sole purpose In view Ia to establish
the cause OF death is of small value unless exhaus-
tive; and as the examination in this case not only
but, as shown by the highest medical authority,
even such as passed under view were rather exter-
nally inspected than critically examined, 1t is
avoiding the conclusion that II Affords little
ala IN the Determination Of the issue, and cannot
we now turn to the only remaining branch OF this
case the moral evidence and subject 1t to your
duty to pass upon 1t. And we here repeat that II
the evidence already passed in review before you
has JAILED to prove satisfactorily that this woman
died rom the effects OF prussc acid, then the Com
monwealth has failed to prove that murder was
committed by any one. The corpus deficit has not
picous, cannot aid the prosecution, for where no
crime has been committed there can be no guilty
agent. 1t is alleged and proved that the prisoner
Prassc acid but must be re RSsassslsd
by you that the prisoner is physician,
not only natural but even expected that he should
keep the materials necessary to his calling in his
possession. Nor because ne never explained the
ference be drawn against him. for 1t is well known
that physicians when they do administer poisons
as medicines are very careful TO conceal and never
reveal the fact. On one occasion, In 1855, two ply
scians doth OF them now deceased) consulted me
as TO the prOpriety as well as their duty, in ad-
QOckaw). 1t was gven-the man died, but neither
the man himself, his friends, nor the world, nor
any but we three, ever knew that 1t had
been given. Physicians do not speak OF poison
doses as they do OF charge OF calomel and jalap.
So that the fact OF his purchasing and having
poisonous drugs In his possession amounts to lust
nothing at all. and would dtahOnOr yOuraolvpa
were you to give 1t even feathers weight In de-
term,hntng his guilt; for, were tins permitted it
would be reversion to that dark code prevailing
hundreds OF years ago, when q collar around his
neck announced that Gucrth, the son of Beowulth,
was held for law that whosoever was found nearest
q dead body was deemed the murderer and he must
disproyeit. The civilization OF the nineteenth CEN
fury, by Its amenities, has tempered and refined the
barbarisms Of the past and permits no backward
tread. That he was her attending physician Is only
material in this, that 1t Afforded opportunity to
commit the crime If he purposed to do. But II no
crime has been committed-that is, II this woman
died natural death, and as before observed, the
law presumes she did, until 1t is Enthusiastically
proved that she was poisoned-then this fact is OF
no weight. Any other presumption would involve
would be unreasonable, unjust and quite absurd.
Because If physicians are TO be suspected and tried
for murder whenever there is a sudden death, from
causes not readily comprehended by the common
mind, their position would be perilois indeed. The
law is not so, and you can fully comprehend the
reasOnableness OF this.
THE COUNTRY PRACTITIONERS.
Look into the evidence or Professor Wood,
Professor Reese, Professor Howard and sew
eral Others, and you see many diseases, so
subtle, insidious and mysterious that even our
country practitioners, skilled as they are fail to
comprehend. we are anxious to avoid casting any
reflections on this large class Of honorable and use
full men, yet they are not expected to grappe with
all the ellis that flesh Is heir to-" because their
gentlemen, professors from medical Institutions,
where time and opportunities are afforded for
the most thorough research and examina-
N In ttn1S A11AA vytth
numbers Of the sick and dying; thus furnishing
every conceivable form of disease, where human
o ns %aa causes a. aea
These country and village practitioners do their
full measure OF duty; and while, like the asteroids,
up the blanks OF nature aud secure the equilibrium
PIGEON POISONING.
with these large advantages IN favor OF the pro.
they failed 1iI to give you more light than men with
supposed could be done, to wlt-poison a pigeon
with opium or narcotic poson-PrOfessor Wood
swears, from actual experiment. cannot be done at
ALL With these facts In view you will determine
for yourselves the value and reliance to be placed
upon that good old gentleman's testimony, well
and honestly meant, but with error Of fact per-
vading the whole, as also its cOmatOse delivery.
The evidence OF Mr.. Eckels, offered by the Common
wealth, proves that the evening before this wo-
mans death, or two evenings before because the
witness speaks doubtingly as to time), the prisoner
moved along the street in the direction OF the
WlIucSb, dnu WIS Hcdru ItpcutIHk,
'sHE WILL DIE-sHE WILL DE-"
Witness said to him, "WhO will die?"
and and prisoner replied Miss steinecke;" Why
only explained by the zeal Of her coun-
sci; for as the testimony strikes US this evidence is
quite convincing proof that his distress at this
proving himself an unfeeling, brutal poisoner, it
evinces his tenderness, sorrow and distress at
the theory OF the Commonwealth been correct, that
this prisoner purposed murder, Is It likely that ne
would have shown these apparent signs OF distress
was; he seems, so far as We can see, to
ton minute items Of evidence offered by the
commonwealth, such as the prisoner having been
seen running instead OF walking down stairs on the
evening of the 27th OF January 1859; also the
woman's story as to the deceased looking at the
eclipse; fears expressed to Hannah and other items
gathered up from vague rec0llectiOns or Witnesses
which, taken separately, amount to little, and
altogether scarcely justify suspicion.
THE WILL OF MISS sTEINECKE
has been given In evidence to show nducement or
motive to commit the crime. We draw your atten-
ton to the remarkable power the Commonwealth
ment Of evidence In this she offered it as forged
will, and when the Court rejected 1t for
the reason that 1t was forgery the Commonwealth
1t happen that the Commonwealth can prove this
will false or true, just rs her case requires II 1t Is
not Il Is mot false Il
tiOns war OF which the manifesto is false It's
face" e Casey, Cox w. COx.) Even lEsOp in his
fable, makes the barbarous Satyr drive nom his
cave the guest who, with the same breath, blew
both hot and cold.
THE RELATIVES AS BODY-wATCHERs.
We draw your attention to the fact that
when, on the 2Sth January, 1862 this lady died
In Carlisle, 1t was not deemed necessary, sud-
den as was her decease, to invoke q COrOner's In
quest 1t being the special duty OF that body to in
vestgate the cause Of death II suspicious
were aroused; but on the contrary the corpse was
taken to Baltimore city by some of her kins-
men, who had witnessed her death scene, without
q whisper OF foul play, and when it arrived there
1t was not deemed necessary to investigate
the cause Of death until this will was produced
before the Register Of that city. Then you will
observe that suspicious were entertained, and
what is remarkable above all is the fact that in
stead OF intrusttng this most important and special
duty to the proper and impartial officers Of that
city, private persons were quietly employed
In It's execution SO that Official eye rested ON
single move made in that direction. This is
feature OF the case that ought not to escape your
observation.
Here the Judge explained malice, &C., and con-
al.