The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-01-31

tom Of the skuIl found a hole in the barh
portion OF the brain, and l asked MI + IAN 4
and one or two of the juTyInen 10 pass theil
hands in anGAh y did, but did not md tbs
bullet; there was nothing 10 sustain the bal
at the fr.tcI uTr the brain was en- piled OF blood
they did not i'll the cavity because at iht
bottom of the cavity is the larger hood cavi
" of the brain, and these veins are split rlgh'
oIen, and they gger- empited out and th'
blood rolled ~ a that part; ihAt l. WhCrt
the blood came rom that surrounueu lht
ne q of the deceased and caused the now-and
there was no brains In the blood tha'
saw. and the blood had dried VI
hack over the the forehead and back
over the head on the floor; th,
lobes obey found lObes not dispiaced) wer,
not torn, and no substance lost in other thd
l noticed. In putting them btch,
took them up and without regard Ia wher,
| they belonged, pnt them bacH, anu III ii VI
| thu head To Keep II together; II there was :
b Ill found at that pOini-snd TINS pom
where TINS ball struck the back OF the shuii
/ or near it, il was not there when made lh'
| exam IA ation, nor when left II that portion
| OF th. brain that did not come out below III,
| ridge with the temple OF the brain;
| Pooled my fingers III IL and did not hnd IL
but If the bali was at Ihis point, II wa> no
| there when left can conceive OF no force
\ from the discharge Of II pistol that could
producr a hole like this wound in the fore
| head as de>cribed-a pistol wound suci
as is produced before line jury
! In my judgment the deceased did not com'
| 10 his dean by hls own hands, or by an IN
| srTumrnt in his own hands; my reasons ar
| thes,: In ;he first place the position oi th'
| man, a. found, l. not - IL would nave beef
| for "a ~. eide; lac was too exactly anu precise
| ly laid out; the position OF hi, arms, aiIh'
| right ami LEFT; no reason 10 suppose that Ia
| right had been used more than me I, H.
| j. L. WEvfR.
Michael DaverUn, being sworn, says, in an
| swer:
What was the position of the body wher
! Kou first LAW hiIu?' 81 am policeman q
\ inis city: the was lying on his back square
| both hands were by his side, Ia TINS position
| The. Jeff arm was II a!ght but tnr flsll Ftsach
| I'd out from the body IIiIIc more; the hes.
| NJ. DAVERoS.
| Franks rErn the body over; II was then per
iectly rigid, and resumed It's original p,>IiIo'
| exactly" j. A. WIER-
| offer Yerkes, being called answered q
follows: What position was the bod!
| in when YOU just saw it" 81 was III
| first one who touched or approached an
body: he was lying flat on his back, periectl!
| straight his head thrown back In "A line VIII
his body. his elbows little IL any Dent, Ia
HENRY YERKEs."
| Doctor Viewer resumed ms evidence
| Whatever passed through that man brain
hall or oIherwi>r, killed him instantly no
If men are standing in an erect position iin'
| shot dead through the brain, they are apt Il
| fall forward or s4lS dOwnwards amp anu loOs
when If tie shot himself, from the position
4 OF his feet and the body, IN my Judgment, In
! must have been standing Oh sitting III TN
| trench before the furnace, or possibly oi
| the very verge of II. In all my experience AM
| and in the experience OF Others, a man Dvlu!
| fatally shot, lis loose and limp, and lose
all contro! Of his person, and ms head woult
| naturally falls AT eltfer side. anu not IN Il per
| feet line with his body. The II iturai forfna
| tlon on the back OF the head, uhe pGoml
/ hence Immediately ON The back OF the head
| is "A little fractured and the head did no
naturally rest on IL the head - ould fall TO on
\ side or the other. These bruises IN ana ol
| the skull, the BACK portion, were produce.
| by q aIh, and the man III falling could MOI
! nav. produced but one OF these wounds
| from the fall, and they are ON opposite side
and separated from the line o1 fractures u
the skull and were mol produe1u oy lh' lore
| that produced the fractures. The opening OF
| the left side Of the sca - on the Sufttcr Oh th
| skull, was not, in my Judgment, pruduct-i ID
the fall, AS there was no substance ON or ao1u
| the floor thai would produce fracture
| oi that kind, and "A man fiilInS by SUCH
wound IL this, in a limp manner, would no
4 fan straight back with force enough To Pio
| duce this bruIse; IL was not produced by ina
fan; my Judgment is that this brulse was pro
| duc.d by AN instrument in somebody else
| hand II was done AT about the tine ol death
| by the character Of the wound AT the time TN
scalp was peeled OF; II was Of the same char
| act.r at the both ends; hal II been done DE
| fore, II would have been swollen; but IL wa
| "a slip cut and clean, and down 10 the skull
| put nv finger into II; II was done %,
| something with a blunt cige; II being op.i
| clear through, swrIi.d less Than IL oth'r" -
would b.; my theory l., that the Dali and sh"
| aid not make tine s4girc opening oi tH
| wound in the forehead, anu my opln ON i
something else made the WOUND
by aJufor-
| ..IouId the shot have been fired after TIA
| body was lying on the fiCor?'
| ayes. do not know why II could nor nave
| been. My judgement i the wounds AM
| bruises in the bacE. oI the head were iir>t -IN
en- after the first wound WAS given. do no
'''''' j. l.. VIEWER.
| DIR. THOMAS STATEMENT.
| Dir. d. W. Thomas BON: Iir>t duly sworn
| estate Thu condition yOu iir,t found The DDI,
| in, result Il your examination anG what, Il
| your Judgment, caused his death, ana wh"tii
| er II sulcI,.e, or was CAUSED 10y otnr
| forces"
| AL the request of the County Attorney
| made an eNaIuIn alton ol the brain Oi J.tcu
| Becker; found wound IN forehead, some
| Thing Similar TO those described by Dr. Ne
| y,r, c!IaTr,L and the lncI>iOn lie haI MAJ
pr.or 10 my seeing IL; found
bui 81 wound iii the forehead wit
| exterior portions OF the D..t!
al tne crown, BACKED by burnt powder thi
blackcd condition extended somewhat owe
| the forehead and skin; uO!SteII.d my HlSe
put some of II on IA paper and ai>cvriaIut7
| that IL was burnt powder; turning bdch III
! flaps made and urawn, L ioutd the DFdl
tneie Loo eued the skull; ind the frontal y 4
Uses, BACKED; discovered some ui>coior'
| ,lou ON the substance. Of the brain anu UIrn
| brains, not determining what part a. ia
brain was then loos'y INTO the ctNiiy' l.
moved the brain, pressed my ihNT>tisi'lIo
I farther Dissolved a fracture III lli" % tcb piI
| of the skull the fragments turned Odt siip "
ing that the force was applied from "!inl
the skull; "a belt IS or y lnch> dooNr ia
portion fractured, the body lying GA It's bdcf
tne bail had settled a lutte above the irrI
with that portion oi the head Inc most hatl
raj, 1t would assume b. gravity
Here Is the , Gai ~. n,,i ,.nInr, ~
| forehead in the wound exhibited; pistI
ball caused the wound; should think mat
| ball hired from such a pistol a. the one oeloi
| the Jury would Cause, or might cause, sucu
| wound as the one IN the forehead OF the III
. ceased the pistol ball caused the fracture
the SIX uil; lLat the fractures are extreme, AN
| that this extreme fracture Was caused by III
! flame entering the skull aud the exIan'
taking place within II; in my Judgment IN
| pistoi was fired with the muZZle lininedlatel
IN contact with the forehead, whether
| himself or some one else L don't KNOW;
| would account Tor the irregular shape OF "
external wound, if the man shot Himself, L
his closing his eyes tightly ana coriuSatiL
: the brow at the time oil the sho
J which, when they would use IN
normal condition, would show more exteI
sive laceration than We would expect from u
; caliber of the ball; II is "A settled conciu>Io
, from balls II ell Immediately IN coItI
with the report fired AT laceration Is niue
; more extensive than II fired from dl>t;'hc'
| I found some eAtraNlsatl IL III DleOu Uiiu'
Z the scalp, but GId not discover any 10
{ substance AT those points My Judsulri
| is that if this mans death was MOI llhHl
a | rllte, tNtlah>llloh PAa'' ~ -
a most d. pending position oil Inc mead, eith
1 from a bruise or from hydrastatic settings
e the question as TO the eXtra> i5aiion oil bloo
being "A purely vital action, Is not selt,'
4 | one: by depending position Of the head.
e | mean the lower POSITIONS when iylng; ! "a
: only account for the ex!ravisaiioas on u
side OF the head by IA bruise-
The sepera;ion OF the skull by the eXpl
:, sion. could brake the small ves-elis 81 a.
4 cause a flow OF blood under the scalp ~
II | point remote from the fracture itself. III
ball passed through the base of the brai
i that is such was its line of direction.
I, think the ball would cause instant death !;
q | would cause death III "A very short time
: did not sce any place where the scalp Ia
n | be.u cut either on the back or sides OF u
a head. think II the man was shot standll
IL | he would fall about as DIR. Viewer descrIb'
!. Ii he was sitting ahd the center Oh SraNliaii'
u only sustained over its base. by muscul
n | action that the sudden paraliZatlon OF the
| muscles would throw him back Immediate
d ON his back. With the exception OF the
|; bows, should think the arm disabled wuu
E | b,. the one on which he would fall
- II he was killed instantly, 1 think
k muscle action ceased instantly, a
h'S Would sf relax instantly; If the weight Of
re | body WIS three pounds, he would have TAI!
Y | forward; the body would have fali'n ~
l. was poised IL would appear from the pc
E ton that he WAS sitting ON a step lower tn
e the height Of his knee; in that case the weie
Is would he thrown backward"
K BY a juror-"IIow did it come that the ?
Is toll tell to the right side, If muscular acti
u. | ceased instantly. - II do not know VIII
| the pi, tol was, the evidence replied - thi
Is il wou.d be possible for the pistol TO be lou
lie in that position If he had shot himself; In
e jud sment the pistol was brought into ltnn
Sc diaIe contact with the forehead, and am
ie tn. opinion il must have been from his o.
!, hand think AL Of the ex-transition OF Do
u and the brains in the back of the heal G
er all be accounted for, consistent with this q
"a ory except the scalp, and dr>cr; bed by
al W; while did not see that wound IL
le 1 .x-il rlu>tl by otlISllt- IpTl
Ms I mink the head of th,. deceased would I..I
IA lay.. inclined Ia one Inc ne