Morning journal and courier., 1882-06-28

tfade Ill IronJ or the WlndOW at the Malley house.
 George I. Babcock jr., was next called. In reply to Mir. Bush he said he was constable of the town of Orange; I was in attendance when the inquest was going on remember when James Malley, jr., testified before that jury. He testified on Tuesday, August 9th, on the convenipg of the court in the after noon. I first saw him that day in the morn ing about o'clock; the inquiry commenced about o'clock. (The object of this was to contradict Miss Healey, who testified that she saw James at home that day.-REp) Wit. 1 ness continued showing the whereabouts of James that day. Said he saw him drive away in hack after noon recess, going toward the shore by way of Washington avenue took Sheriff Peck's team and drove down Camp l bell avenue and went to Hills Homestead where the Malley boys they arrived shortly after I did; I remained there until l about twenty minutes of ? I was requested by Mir. Blydenburgh to go to Dr. Shephards and I went there and returned; when I re- turned James Malley was at the shore eating his dinner; the next time saw him was at the court room; don't think he was out of my sight more than twenty minutes during 1 the whole day
 There was no cross- examination.
 Dr. Moses 0. White was recalled. In re- ply to MT. Doolttle witness said I have l made post-mortea examinations of persons | WHO nave dlsO rom OIner causes than QfOWn- | ing cannot say whether forty-eight hours after death I have many times found 8 | reddish serum in the pleural cavities have l found it so often that have come to regard it as post-mortem change; we find it in many cases where we believe that it must l have existed before death. Is Dr. Delafield an authority on this sub- ject?
 He is.
 How much water will an ordinary lung hold ?
 If full about three quarts; some more, 1 some less.
 Continuing witness said that if arsenic was taken in small doses through a number of l days he should expect to find it in the bones.
 He also read from the authorities in support of his theory, that if Fowler solution is taken ! into the stomach shortly before death traces | of arsenic would be found in the bones, by l Marsh's test. The authority he quoted said that arsenic acid was found instead of arsen- ious acid which was the case with Fowler's solution, that had been made for a long l time.
 MT. Doolittle--Doctor when arsenic is ta- ken does it affect the nerves? Sometimes it does very seriously.
 Cross examination by MT. Jones' Doctor, when did you first see this article that you have read 7?
 After the commencement of this trial Did you search for it? l came across it when searching for author ities in regard to arsenic eaters. lave you any knowledge on this subject ] except what you have read Only from verbal statements.
 Why would you find arsenic particularly in the bones of all habitual arsenic eater? Because arsenic removes the phosphoric | acid and takes it's place
 Then arsenic packs up in the bones and re-
 mains there does 1t?
 It remains there for long time, but in | time is eliminated
 How long would you expect the arsenic to remain in the system of 8 healthy girl twenty years of age?
 Some writers say that it is eliminated in | fifteen days, while others say it takes thirty 1 days and longer.
 Doctor, how does the arsenic get into the l bone?
 It is carried there by the blood.
 Suppose arsenic is taken into the stomach | at 12 clock noon how soon would you ex- pect to find it in the brain In half an hour or an hour How long would it take the arsenic to | reach the liver?
 Perhaps an hour, sir. At l a recess was ordered until 2 o'clock. Afternoon. Court opened promptly at ? o'clock
 Dr. M c. Whites oss-examination was l continued as follows:
 Mir. Jones-Doctor, great many articles have been written upon the accumulation of arsenic in the system, have there not Objected to by MT. Doolittle but overruled 1 by the court.
 Witness proceeded-I don't think there is any substantial difference among writers on that subject.
 Do not some writers claim that arsenic &C., cumulates or packs up in the nervous sys- tenn?
 havo never seen the words 'packs up" 1 used by any writer.
 Does not Taylor state an instance where it accumulates in the body?
 I think many writers claim this.
 What do you mean, doctor, by accumulate I mean that the body goes on accumulat- ing until it is full and the person still lives.
 Is Taylor on poisons good authority? He is one of the good authorities 1 The court-This whole matter of poisons | has been gone over, MT. Jones; think you | had better drop it. Very we'll, your honor, replied Mir. Jones. l Doctor, in what cases have you made exam | nations after death and found serum in the l pleural cavity forty eight hours after death | I don't know that can reply to that ex- 1 actly.
 l Then you may be excused, doctor Re direct-Doctor, does blood circulate in 1 the bones the same as in the f1eshy parts of l the body
 ! Yes but not to so great an extent. Then where the blood circulates most free ly there you would expect to find the most l arsenic?
 l Yes, sir.
 ,,Ro ! eliminate the arsenic from the bones l Yes, sir.
 l You say that there may be arsenic in the bones and not be detected by the chemist 1 Yes, the small quantity of bone used may not show traces of arsenic, but if larger quantity of bone is analysed it may. MT. Jones-Do you know anything more about this than what you have read l I depend on the statement of chemists. ''That is all, " said Mir. Jones' ''We rest" said Mr. Doolittle. | Mir. Jones, rising and addressing the court, said If your honor please, we do not care to submit any evidence in sur-rebuttal And we wish to say further that the attorneys on this side are tired with this case, and we pre- sume the court and jury are likewise weary We are now willing to submit the case to the jury without argument. The court-What have you to say to the proposition, MT. Attorney 1 nave no reply to Hake your honor, put ask that the usual course be pursued would also ask that there be no limit to the time of arguments.
 Then followed discussion as to the num- Der of arguments the part of the defense. MT. Jones claimed that the defense were en- titled to at least four if they desired to make them, to which Mir Doolittle demurred He said that the defrnse certainly could not claim more than three arguments and were not really entitled to more than two
 Judge Granger said that he would grant four arguments to the defense if they desired to make them.
 At twenty minutes past two o'clock Mir Bush commenced the opening argument for the State. In his opening he congratulated the court and jury that long and tedious trial was drawing to 8 close. He then re viewed the evidence, commencing at the finding of the body, the absence of goose flesh, the folded hands across the breast, the l absence of water in the lungs, the eyes and mouth closed, and said these were all indica- | tions that the body not drowned. Not | single external sign of drowning was 1 shown on the body of this girl l The examination of the body at | the morgue showed every evidence | that the person of that girl had been vio lated. and that within forty eight hours. | Such circumstances cannot lie, said Mir. | Bush Continuing he said The authori-