The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-27

DR.. Treadwell described tho diagram and said: =
The marks with red coloring i'll them spots
which had been measured from certain fixed points,
and those with blue colorng are ones which had dis
tinct angles. These colored marks all represent
marks visible at the latest examination.
Q. Do the marks on the check bear the same rela
tions to each other the marks on the diagram? A.
Yes, with but single exception.
q. Why would not the outer line of nail marks re-
main as long as the others? A. The tissues Of the
flesh would not be so closely impressed and the heel
would be apt to be worn away more on the outside.
q. Have other measurements been made than
On cross-examination, Dr. Treadwcli said that he
went to Gueord early this morning to consult with
Judge Harrison of the prosecution.
"Where is the cheek now?" asked Mr. Watrous.
II last saw it in the Yale Medical College yesterday
'Can you get it and bring it hereY Witness-I
don't know.
Turning to counsel for the State Mr.. watrous con-
tinued I'VE shall want it in the court room, Mr..
Waller for purposes Of cross-examination.'
Your experts. Mr.. Watrous. have examined the
cheek and you have all the knowledge that
from observation and measurements. Therefore
think you should not ask to have that skull and
not be brought III unless the Court orders"
MUST SEE THE SKULL AND CHEEK
At this point Mr. Watrous said the jurors had been
have the benefit Of ocular inspection. ''May not
ask the doctor. before the twelve. to point out
tcularly unpleasant for it has been preserved in
alcohol We want to see If the representation made
by the testimony and the diagram produced is true.
Mr.. Waller-I have never read OF murder trial
where the counsel for the defence demanded that
the dead body be brought in as proof that murder
had been committed. Nor do believe that por-
ton Of the dead body of Mary Stannard should be
demanded. 1t is enough that scientists testify
under solemn oath to what they see. l don't say
that the defence demands this cheek for dramatic
effect, but cannot understand why they do demand
it. II they still demand it they have it, and will
alone be responsible for the exhibition. We tried
avoid this by giving them early notice OF our discov
cry. so that their experts might investigate. And
further. We offered yesterday to throw away all this
testimony regarding the cheek on the simple con-
diton that the defence would abandon their theory
OF suicide.
Mr.. watrous asserted that an inspection Of the
cheek would show nothing Of what was represented
Chief Justice fart-We viii dispose Of this ques.
ton at two O'Clock.
At two o'clock the Court ruled that the defence
could demand that the cheek be brought in. as 1t
was transportable.
Mr. Wairous-Then think DR.. White should at
Mr.. waller-I do not understand that the Court
orders it. want, in any event. to first advise with
should prefer a ruling that all the testimony re-
garding the object be thrown out rather than that
portion OF the girls dead body be produced in this
court II had the charge OF 1t would risk
great deal before would bring It in II the defence
insists they have way to get THAT is by sub
where to sign paper requiring such thing as is
proposed.
and Waller Mr.. Jones remarked: Now. Professor
White. wo wish you, as custodian OF the cheek and
skull. to bring IL into this court room.
Mr. Waller (quickly)-Not without subpoena.
Mr. Jones-We have 1t right here, signed by Mr..
Hubbard. one OF my associates.
Mr. waller-Are you Justice of tho Peace for this
county?
Mr. Hubbsrd-Yes sir. I am.
Mr. Jones--We intend to have that skull and cheek
at once. We don't intend to 60 any further under
your pretences-
Mr. waller-Oh. we'll, now Mr.. Jones' remember
you're not before the Madison Justice (aughter.)
Chief Justice Park-Gentlemen. don't think this
is quite the place for such controversy.
Mr. Waller turning to Professor White)-You
go and get the cheek and skull Professor That set
tics it. They've ordered it in.
After short recess Mr.. Watrous called DR.. White
who had been to the Yale Medical College and re-
turned with the skull and check. Mr.. Waller OBJ
jected, and continuing said that the judges if they
desired. had the power to prevent the exhibition OF
the remains. He believed IL would be very harmful
In that it might for the future deter persons from
Continuing. no said :-"Rather than to have the re-
mains of this unfortunate girl brought into court
and subjected to comment and criticism the State
will forego whatever benefit the testimony might
have given. or course at this stage OF the testimony
the withdrawal cannot be without the consent OF tho
prisoner. II he has objection shall feel that
by withdrawal have done q service to the cause
control this from the hrst would have had
the remains buried just a. the experts for
the defence had finished their examination. But as
they are above ground. rather than have them
brought in here We prefer to withdraw all tho tes
mony regarding this feature or the case"
The counsel for the defence consulted for
mont, and Mr.. Watrous then remarked that the de-
fcnce would assent to the withdrawal and would
rely upon the good sense Of the jury drive from
their minds all recollection OF what they had hea rd
The Court then adjourned to two o'clock on Mon
day next.