The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-07-21

De passed upon anu ueGoIullLo ny tuo
jury from the proof, in order chat they
may be able to find whether or not the
deceased was killed by the prisoner by
means of poison as charged.
On the part of the State it is claimed
that the testimony establishes beyond
reasonable doubt:
Ist. That the deceased was killed by
means of morphine poison; and
I'd. That this morphine poison was
wrongfully administered to him by the
prisoner.
AS to the first the State claims, that
tue testimony of the medical men called
as witnesses on the part of the State,
as well as that of the medical men call
ed to testify on the part of the defend
ant, together with the medical authori-
ties cited respectively concurs to show,
that the symptoms accompanying the
illness whereof the deceased died, and
preceding his death, as testified to by
the respective witnesses present on the
occasion OF his illness and death, are
the precise an identical symptoms pro-
duced by the narcotic poisoning by OPT
um, and its alkaIold, morphina, and by
that narcotic alone. That the testi-
mony of the witnesses shows, that pre-
vious tothe ushering in Of these symp-
toms, which first appeared on Saturday
morning, December 11th, 1880, day Of
his death, the deceased had recovered of
preceding illness, and the attending
physician, DR.. Walker, had discharged
the case, as needing no further medical
treatment, and the deceased on Friday
afternoon declared he was well, and on
the morrow, Saturday, he would go out
and about his business, as fully restOr-
ed, making merry and passing jokes.
Now on Saturday morning, about nine
o'clock, it is claimed, the proof showed,
the deceased is found to lie in stupOr,
almost wholly unconscious, only haV-
ing consciousness and physical strength
sufficient to reach out one hand me-
chanically to receive a key handed to
him by his hOusekeeper, and to move
one of his hands about as if an invOlun-
tary movement; otherwise unable to
move or talk; when talked to, unable
to understand what was said to him;
that next he sinks into profound sleep
and coma, loOses all consciousness lay
ing immovably on his back, breathing
slowly, stertOrously, and with rattle
in his throat, his face pallid, his head
covered with profuse, cold and clam
my perspiration; the pupils of his eyes
greatly contracted, both of them, the
eyes being wholly insensible to light;
the patient thus remaining in profound
coma, unable to be aroused in the least,
with all these symptoms about him, un-
til about o'clock in the evening, when
death closed the sad scene; and it is
found that on the death of the unfortu-
nate man, the pupils of his eyes dilate
again to their natural and normal state
and condition. That the testimony of
the medical witnesses, with the medical
authorities relied on and cited by these
professional experts, proves beyond
reasonable doubt, that all the symptoms
so observed anl proved, are those
which are known to be produced by
opium and morphine poisons, and by
no other poison known to medical
science.
The State further claims that the
post mortem examination of the de-
ceased, on the autopsy, disclosed, as
established by the evidence, all the ap-
pearances and condition in the different
organs Of the body, which might be ex-
pected in the case of death caused by a
narcotic poison; and that all the organs
Of the body were found in a normal and
healthy condition, save as affected by
the narcotic poison, which caused the
death; and no cause Of death was dis
coverable in the body, save the traces
of narcoticp poisoning.
And lastly, it claims that all the 9TH
er facts and circumstances developed
by the evidence, outside Of the
appearances and
symptoms mentioned, and the
post mortem condition and appearance
of the body, concur to show, beyond
reasonable doubt, that there was no
other cause Of death in the case dis
closed save the effects of narcotic pOis-
Oning by opium or morphine, and that
in fact his death was caused by that
narcotic poison.
The defendant on the other hand
claims, that the testimony fails to es-
tablish the fact beyond reasonable
doubt, that the death Of the deceased
was caused by opium or morphine pois
oning; but that in fact the testimony
of the medical witnesses shows, that
the death of the deceased might have
been caused by some narcotic poison
other than opium Or morphine, and that
one or the other mentions such as al
coholic poisoning, or such as Hyoscya-
mus niger (or Henbane), SOlanum or
datura StramOnium Tor
Jamestown weed), nicotine, Conium
aconite, belladonna, veratrum, coculus
indicus, Digitolis; or hemlock, conf
cine, Or finally calabar bean; or that
he may have died of congestion of the
brain, Or apoplexy; and that in the case
Of either of these producing death, sub
stantially, the same appearances might
be presented, which were found on the
post mortem examination.
This, is denied on the part of the