Daily Los Angeles herald., 1881-04-30

and others.
At the expiration of the recess
the Jury again entered the jury
box, but the miesing witnesses
were still absent. Judge Sepulveda
then adjourned the coart until half
past seven. He said that night
sc sion, though unpleasant, would
allow all the evidence to be put in
Tonight; that the case would be
argued tomorrow, and possibly
submitted to the jury tomorrow
evening, so that the jurymen
might probably 60 home on sum
day.
EVENING SESSION.
At hslf-past seven the hearing of
testimony was resumed.
Mary Roberts again took the
stand and said: She desired to say
that it was on Sunday, and not on
Saturday, as she inadvertently
said, that defendant told her Mr..
Forster wished. her to 60 to Ari-
zOna.
DR.. Worthington, recalled, said
that uterine diseases tended to
disease the mind. He then an
swered Hypothetical questions SIM
liar to those which had been put to
his fellow practitioners, in gem
orally similar manner. lie also
said that when q medical expert
testified of his own personal knowl.
edge his opinion WAS more entitled
to weight than that of an equally
capable physician who had not
that personal knowledge.
The cross-examination, conduct
ed by Mr.. White, turned chiefly on
the value of expert testimony, and
the witness opined that less value
would attach to the opinion of y
medical expert who had not at.
tended for some tiUe the patient
concerning whose mental condi-
tion an Investigation should be
had. DR.. Worthington actually
has case of homicidal mania pro-
duced by dismenorrhea; suicidal
mania sometimes, in fact general
ly, springs from and follows homi'
cidal mania; he admitted that he
was not very familiar with the sub.
ject; the intent, not the motive,
gives character to the act, but the
motive might be the foundation OF
the intent.
REBUTTINa TESTIMONY.
John Reynolds was called for the
prosecution and said: he knew
Forster and the two Abarta girls;
saw Forster on the Wednesday, he
thinks, before the shooting; by his
order he went to the Abarta's
house where one of the two ladies
gave him a note for Forster; he
took the note to Forster and took a
note from him to her; oil this was
on the same day; on Friday he
drove Forster to Ducommun street;
Forster stopped the carriage and
Miss Abarta approached and got
in; witness drove by First to Ala
media street and across the track;
the pole strap broke and witness
stopped to mend II; Forster asked
witness where he could get room
and was told of several; Forster
then asked If the team could 60 to
Santa Monica.
The defense objected to the con-
Miss Abarta, but the objection was
not sustained.
Witness drove to the "Wind.
MILL" then to the Grand Central;
then to the Cape. House (Moiso's
Mansion); thence to the fWind-
mill' again, and again to the depot
Forster seeking room at all
these places; thence witness
drove to the Grand Central
again and thence to the Cape
House; Forster and the lady got
out and the witness left; saw Miss
Abarta on Saturday, for he took q
package to her from Forster; held
no communication with her; saw
her again on Sunday at the Cape
House, she having sent for him;
witness bought q valise on Sunday
and sent it to defendan,i when
witness went to the Cape House
he found defendant ready to start,
being all dressed; she said she did
not know whether to go to Nevada
or Arizonaj witness declined to ad-
wise and went away; witness had
meals sent to defendant az the
Cape House, by request Of Forster;
the room Forster wanted was quiet
place OF which the public would
not know. No cross s-examiuation.
G. Devourst and Jose Villalobos
were called by the prosecution, but
were not forthcoming.
DR.. w. w. Ross, called by the
prosecution, said: Had heard the
testimony in the case.
The defense objected to witness's
testimony on the ground that he
was not established as an expert.
The Court sustained the objection,
but allowed the fact OF the wit
ness being an expert to be estab-
lished, and this was done.
Cross-examined as to being an
expert, the witness admitted that
he had>not posted himself about
this case until within a short time;
he had been paid to study up this
case by Mr.. Brown the sum OF $50;
ten days before payment he had
read up from the various authori-
ties; this he did In order to satisfy
himself; he had had the necessary
experience, he thought, to testify
as an expert in insanity cases; did
not think an Intelligent man, not a
physician, could not read up in the
medical books and testify "a an
expert.
The witness here asked the pros
lection of the Court and the exam.
ination was resumed.
Witness resumed, in answer to
Mr.. Brown, and said that he would
not testify unless he was paid;
that he was to aid and post Mr..
Brown-a medical attorney, as IL
were. He knew experts veto em.
L .,l,xsad Nh ~ . Il