The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-14


read to the jury as the testimony OF General ileth
on behalf OF the defence, IN the same manner anu
under commission IN . civil case, reserving the
right to except 10 such parts thereof as we deem
asans no, Do as 70 the
general CHARACTER oil The accused.
Az AIS sYH I for State.
G. A. FlNLEY.S STATEMENT
PHILADELPHIA, Pa, Nov %, 1871.
sIRiour communication of the 10th inst has been
with M
The family OF Major Wharton They were oosrd.rs 2: the
them a, the family phy.can Mrs Wharton
opinion founded on the Afforded By my prS
RELATION shs TO MRS was n epy ys sp Sse
amabe kind and devoted mother wife and esiima
s sna Ia. he
aa II .a 10 IN Court
asa ~i'ns'' Respectfully your O0elsn servant FINLEY
Mr. Steele at this point announced that the defence
Mesrs. syesier and Revells asked for time to re.
tire and consult, which was granted Dy the Court.
TESTIMONY OF 'OID EMPEROR" SMITH.
After short interval they TOOK their seaLS at the
trial table and Professor smlln was called to tne
stand. He said he lived in Baltimore, and had
ed'Rs there GarnE or nss .s
he had been connected with The Maryland Univer-
sy, but dissolved his connection with that insttu.
ZION some time ago; he had practlsed medicine
flty.two years. he was for four years Professor OF
Anatomy in the University OF yermont also a Pro-
and and three years in tie University OF TransyI.
wanna, Kentucky; ne lived Ut present IN
active ct and consulting pactlce mad often enccaa.
tered the Sporadic form OF cerebro spinal menln-
gifts among children It mad never prevailed as an
epidemic to his KnOwiedge; IN Baltimore he had
not seen one single Case OF II during the last lew
wears; he meant, of course, the epidemic form OF
the disease; his practice was NOT confined to any
particular locality, but embraced the entire limits
Of The city.
The prosecution here proposed to question the
witness upon tue hypothetical case which contained
Ketcnum Is alleged to nave manifested.
Tie ieience objected and the point was argued
on the state and the rule Of law was that at
all points upon which he relies in his
examination IN chiefs that in reburta the State was
save new matter brought out by the defence, ana ne
cOntended that IN TINS Case the testimony On the
SUBJECT OF cerebro-spnal meningltis was Drought
out In the testimony Ol DR.. Donaldson; that they.
The state, were compelled to remove oil proDa-
blhty or the deceased having died IRON natural
causes nefore they closed tas case, and tnat now
they were stopped from Offering any such testi-
monty Mr.. Thomas cited several cases from the
Stare trials In support OF his position.
MIR. REvELL, on the part or the state, said DIR.
Donaldson merely made the slilnt passing aliusion
e &C. ae se
out by the defence. That after their ex.
tine Soossa woman asense
had testified several circumstances and symp Oms
winch were not IN tne Hypothetical case put by the
hypothetical case put NY the defence.
| Attorney General SYEsTER followed Mr. Reve,
anu nssied that the evidence IN regard 10 CereDr0-
splna meningitis was Jew matter, which the State
was at liberty to rebnt; that the Investigations OF
writers threw but little lignt upon the question they
were discussing; but 1t was ABSURD to suppose tnat
the State could be prepared for tie infinite number
OF hypothesis the defence might get up In their de-
fence. 1t Was asking 100 mucn to say that should
remove all possbily Of the deceased having cied
any assas Gy taxing tns@ up ss
disease. The State says his death was
from unnatural causes. Inc defence gets up the
plea that he dled from cerebro-splnal meningitis.
TO reDuL this The State proposes to show that ne did
not die Of TINS disease. air. Syes;erS argument
was well considered and powerful
Mr.. STEELE closed Tor the deience In q very able
aad cIOquent appeal to the Court 70 rule the
testimony out and not break In upon the esap-
lislIed practice IN every Court III MARYLAND.
since the time "whereof the memory Of man rum
netn the contrary" 1t might be OF little prac-
precedent which would upset the whole system Of
criminal Jurisprudence as now established III this
State.
THE COURT ADMITS THE STATEMENTS
The Court then put their neads together and con.
suited for some moments after which the Cnlef JUS
tlce said that no Court In the Slate mad
ever construed more strictly the rules as applicable
10 reuuttng testimony than the Circuit Court for
Anne Arundel county, and that they did not intend
to depart from Them hairs breadth at this ume
The rule OF the Old common law, as expressed by
Greenleaf IN regard to rebuttng testimony the
one followed here-ihat the state should exhaust
Its evidence on the examination In chief, and
save upon some new matter Drought out BY the de.
fence. Has there been new point made by the
dcienceS Inc Cnef Justice then reviewed the evil
dence, and SAID That though tnis SUBJECT had Orig.
nally been Drought out by the defence yet the wit
ness Susan, witness for the defence, had testified
TO some circumstances which were Incorporated In
this Hypothetical case, and which mad been put to
number OF experts, and, therefore, the State could
question the physicians upon that disease.
The decision was extraordinary and contradict
tory in Its terms. IL amounted to this-rhat though
the state had developed this matter In its examDa-
ton in CHIEF tue defence mad also barred the hypo
thetca qucst and redevelOped, and therefore the
door must he thrown open Tor perfect avalanche
able to reply, Or as Mr.. Steele said because the de-
fence did not choose to ask the same question in
exactly the same language with the state II was 10
be thrown upon It's mercy
THE PROFESSOR PROCEEDS.
mmed . lie said to the hest of his Judgment Gen.
eral Ketchum diel from nom natural causes; he
was not acquainted with the disease cerebro-spnal
meningitis IN epidemic form :; endemic disease
was confined TO particular districts; It never
Of SPOTTED fnSaNe w ss
regarded there as typhus fever; he had no know.
ledge oil the disease from his own experiences; he
Thought Ke,chum did not die OF cerenro spinal
meningitis. On cross-examination the witness said
| he had heard OF and seen cases, but not OF the
| expedeniC form; they were not uncommon: they
always have prevailed to a certain extent; he met
| with perhaps four or five cases IN the course
existed IN Baltimore IN "t the enaemic form,
| but mad not seen 1t; he was not aware that 1t ex-
listed IN an endemic form DUNG tnls year until the
trial commenced; he read the Hypothetical case on
the Monda, preceding in Baltimore; y Was handed
present; indeed lie forgot which OF the TWO handed
MIN the paper; he had seen 1t before; the medi-
clnes given to Ketchum by DR.. Williams were
| were depressing agents, ana In his opinion map
propriate, ne did not think they had any influence
I'D determining the result, as The patient was In a
dying condition when he took the doses; he Thought
chiora, very dangerous remedy to employ; ne
Iau seen very disastrous results from its admins
tration; ne never had witnessed a case OF epidemic
| cereDrO spinal ennQltls.
EVIDENCE OF DIR. BENSON
Dr. Benson was then called and testified that he
was pracliclng physician III the city OF Baltimore;
nau ueeh snce ne graduated In 1852; his friends
| said MS practice was large. and II Welded him q
comfortable support; he had never known the dis.