Morning journal and courier., 1882-06-29
Afternoon. .

I.
 commenced his argument for the defense. la
 his opening remarks he said She who bears
 the scales of justice is painted with bandaged
 eyes. This has always seemed to me hu-
 man conception and it has seemed to me
 wrong that justice should be bereft of human
 sight We confess that it is the humiIiating
 experience of life that men gre apt to think
 the worst of their fellows Then we are
 ready to follow with swift justice the sins of
 other men. I fear that the sword in human
 hands often forgets the protection and the
 vindication of the accused I stand here to-
 day, however, as an advocate for the sword
 and only ask justice and not mercy. Do me
 the justice then to believe me- I have no
 maudlin sympathy with crime, but believe
 he who commits murder should be hung by
 the neck until he is dead. Now we come to
 a question of facts. These two boys and
 that girl are charged with taking the life of
 Jennie Cramer by administering poison to
 her. Let me premise, first, that the
 State is to prove that a murder
 has been committed and that the
 accused are guilty of the crime. I will
 not take your time at any great length gen.
 tlemen, but will briefly go over the evidence
 in the case and will try and not weary you in
 so doing Mr. Case then described the find
 ing of the body, the condition of her cloth
 ing, which was unstained and untorn. The
 wiseacres of West Haven, he said, all sup
 posed at the time the body was found that
 the woman was drowned. The body is taken
 to the morgue at West Haven and Dr. Pain
 ter and Dr. Shepard did not discover any
 fact to lead them to believe that the girl was
 not drowned. Dr. Chittenden makes an an-
 o11 md nd in, hay h11
 The first question to be determined is how
 the girl came to her death. From the evi-
 dence we may conclude that she died in eith-
 CT one of three ways and no more. First,
 she might have died from concussion and
 say that as she might have thrown herself or
 might have fallen from this pier. There is
 some evidence of death in this way. Second,
 she might have died from drowning, as there
 is congestion of the bra1n and serum in the
 pleural cavity of the lungs. Third, it is
 claimed that there was arsenic found in the
 body, and if you do not find that death
 came from arsenical poisoning then the
 claim of the State must fall The State
 must satisfy you beyond a reasonable doubt
 that Jennie Cramer died from arsenic There
 is not an expert that shows any evidence in
 corroboration of this statement Mir. ChItten- den, this 'milligramme man, tells you about
 what he finds in jargon of science and I ask you if you know anything about his methods? ? I don't and cannot believe that you do When science comes into court and testifes it should make it's testimony con- prehensive to common men. When science comes into court and talks in a language that you don't know anything about, I say there never was jury that sent man to death on scientific testimony. Science is divided among itself it does not agree with itself You have seen this in the testimony. They have wrangled and had their hands in each
 a1-- n /-.r to the State attorney) No. gentlemen, I tell you that this scientific evidence is of no consequence whatever. MT. Case then gave instances of the fallibiiity and unrelability of chemical analysis in cases of murder. Con- tinuing he said recall you to the fact that this evidence of death by arsenic stands upon the fallible evidence of one man, the purveyor of cats and dogs in the suburbs of Hillhouse l avenue Now, what does Chittenden say. He says he found one and three quarters | grains of arsenic in the parts of the body of | Jennie Cran1er, and then he estimated the | whole amount. Now, I say that in such | case the jury should have the whole benefit | of this demonstration. Because he found l this little particle of arsenic in the parts of 1 the body he examined the whole body must | have contained much. If there 1 is anything that is as remorseess as Moloch | in regard to human life it is science | Science should be exact in order to be be- lieved. What were the conditions of this | examination? Dr. Prudden says he took out | about so much of the heart about so much of the brain and so on. Is that scientific exam ination Dr. Jewett says such an exami- nation is piece of inexcusable carelessness I say that the mere fact that Dr. Prudden says he sent two-tbirds of the liver to Pro- lessor Chittenden, and the latter says he ! it at two thirds, shows the fallacy of this whole scientific examination and the
 AlxL II built upon the sand. pass now to the two other theories of death and take up that of ooncussion. There is some evidence of death from this cause--like the bruise on the forehead and the tip of the nose and scratch. es on the face. These bruises indicate that such may have been the case-and then the easy proximity of the landing on the wharf where person could have easily fallen off. Then in regard to the theory of drowning there were indications that death may have come from this cause-lixe ffothing at the mouth, bloody serum in the pleural cavities and to this there is no answer and there can be none. Referring to Dr. Harris, whom ;he speaker said was an educated, modest gentleman, he referred to the evidence brought out on the cross examination by Mir. Doolittle that Dr. Harris had written plays. Turning to Mir. Doolittle he scornfully said, 'sWhy, MT. Doolittle, you are playwright yourself and have been trying to get up a tragedy, but have ingloriously failed md you are execrated from Maine to Cali ornia D Continuing, Mir. Case said there must be 8 motive for murder and what mo- i've does the State assign? They say James Ialley, jr. had seduced and raped this girl md that murder followed to hide the crime. The State has attempted to show that there vas death by arsenic in consequence. Now, To they show any evidence that, if there was ape or seduction, that it was committed on my other time than on Wednesday night l They say that the anxiety of Walter and -ames on Thursday is proof of this Well, ennie leaves the Malley house on Thursday 1 morning with kisses smiles and waving .ands; does this show that 8 rape had been