Morning journal and courier., 1882-04-27

MT. BuSh-We think so.
 Mir. Jones-Then let us see whether this is so or not.
 Arguments were about to be made when MT. Doolittle suggested that as it was 12:45 o'clock recess be taken.
 The court ordered a recess until ? o'clock.
 Afternoon.
 MIR. MARsDEN's GROSS ss-EPANr1NAT1oN--A LEGAL
 CONTROVERSY DR. pRUDDEN's EVIDENCE
 BEGUN-IMPoRTANT POINTS IN THE CASE.
 On reopening court, Mir. Marsden in the witness box, Mir. Case addressed the court, objecting to Mir. Marsden's evidence as not expert evidence and holding it inadmissibIe The witness, he said, is a non-professional man. He states an opinion merely. If a doctor comes in and testifes on the subject, we don't object. Theirs is expert testimony. Mir. Marsden is an ordinary observer. This case is a case of life or death. There is not @ particle of evidence before the court that | these bodies of which he speaks are drowned bodies. That question may be one of mere hearsay. Mir. Marsden is called ina re- spectable, truth-telling gentleman. But is he, for instance, to be relied upon in ques- tions of typhoid fever Mir. Case read from
  is nothing in this witness evidence except his personal observation At any rate it is the province of the State to lay the foundation for the structure of such evidence. MT. Case cited the class of cases which the Supreme Court had decided may be testified to from observation alone.
 Mir. Doolittle replied, defining expert testi- mony. That kind he did not ask for. He held that the testimony of practical observ ing men upon matters of observation was frequently very valuable. Such was the rul- ing of the higher courts, which Mr. Doolittle cited. To reject such evidence would be to close an important avenue to the truth Mir. Case asked for and received an author ! ity quoted from.
 Mir. Doolittle, continuing, said in Connect cut practical observing men were allowed to | testify as to evidences they had noted in ! cases where sanity or insanity was the ques \ tion. Mir. Doolittle continued, citing 8 class of cases which came in the category he I claimed. This is question of competency ! to express an opinion
 ! Mir. Case replied briefly. Here was a good point to begin in this case to exclude a cer ! tain line of evidence There is clear and distinct line between expert evidence and that deduced from common observation | But here in this case before the court sci entitic question, out of the doman of com mon observation, rises up. My friend says shrewd Yankee sense is as good as expert evidence.
 Mr Doolittle-Not exactly that said it was frequently so
 Mir. Case-Well, I so understood you. With other remarks MT. Case closed. The court ruled that it was in order to in quire and ascertain what MT. Marsden's ob servation had been.
 Witness (Mr. Bush enquiring ob- l servation has been that in all cases of ! drowned persons the body bloated. I never have seen a drowned person with the hands in the position that Jennie Cramer's were. They are usually as if the person was grasping for life. There was no mucous on or issuing from the mouth of Jennie Cramer as is usually the case. A drowned persons arms and legs are usually very rigid. Again Jennie Cramer's body was not bloated.
 The court-Any peculiarity about the eyes of a drowned person?
 Witness-They are usually wide open and staring.
 The court-Having enquired thus far I think the witness may proceed.
 Mir. Case asked if evidence should not be had as to the previous drowning cases
 The court-I will ask, and the question was put.
 Witness-I do. I have helped take some of the bodies out of the water. I asked in Paris, and they told me it was drowning that caused death.
 The court-It is not in order to state hear say.
 Witness being now allowed to give his opinion gave it as his opinion that Jennie Cramer was not drowned.
 Cross-examined by Mir. Case first as to witness business and then as to the warmth of the morning when the body was found and the time of day witness saw it. l first mo- tlced Curtiss bailing out his boat. Just then turned my eye and saw the body. No, sir I am quite sure I was not over ten minutes in eating my breakfast. When I saw MT. Curtiss pulling out the body I supposed he was pulling in an eel pot I went into the house from the balcony and blacked my boots preparatory to starting for Ansonia I saw big crowd at the shore as I was passing out my door. went down to the spot and the body. I at one time turned the head over on one side as it was unsightly to see the blood running down upon the bosom. De- scribed the position of the body. It was bleeding at the mouth and the nose do not know who reported the death to th6 town registrar :; did not notice she was not bloated until she undressed at the nlorgue. This point being disputed by the State MT. Case appealed to witness if he did not say that he first noticed the absence of bloat at the morgue witness agreed. Mir. Case-Then I am right once in awhile. Laughter.
 Witness continuing-I formed my opinion that the young lady was not drowned when I saw her body at the beach. I judged so from the position of the hands and the blood.
 Mr. Case-Did you not know that the hands might have been placed in that posi- tion? I asked MT. Curtiss if he placed them so and he said he did not.
 Mir. Case-Did you not know that bleeding at the mouth and nose was a symptom of death by drowning? No, sir.
 In all your experience? No, sir.
 Now, about your experience with drowned persons. Did you see them taken fir om the water :? No, sir.
 You saw 10 or 12? Yes, sir.
 Where did you see them? At the mansion of the dead
 Your knowledge of their death is confined to what was told you? Yes, sir.
 Witness detailed an instance of the taking out of the body of a man drowned while in bathing; he had been two or three days in the water; his hands were as if clutching | mucous came from the mouth :; l body and limbs rigid, and eyes open and star l ing. Witness detailed another case he was of. The appearances were similar 1 to the previous case.
 Now, give us an instance of 8 person whom l you know to have been drowned? A young ! lady in Westville, who was drowned, saw. l saw her remains three or four hours after l the body was taken from the water. Ap- l pearances similar to the others. Witness l gave one other case.
 Witness -Yes can give still another. It was in New York. He was either killed or drowned. I could not tell which. He was not dead when taken out.
 Oh, he wasn't dead? Mo- sir.
 Mir. Doolittle-But he might have died from the drowning.
 Mr. Case-Well, he wasn't bloated. He oreathed and smiled after he came out. He won't do to pass judgment upon. We'll, now you have given us three cases.
 You have told me you helped take bodies put of the water :? No, don't think that I lid
 We'll, let's see if I've made mistake Hook ng at the notesl. Yes, that's the way my associates have 1t.
 Have you any knowledge as to how long ime elapses before a body begins to bloat It takes perhaps three days But where did you get that? From what you have read? Mo- not in the of Jen- lie Cramer What I have read might have 1elped me to that conclusion. I do not say hat each of the symptoms I spoke of are ound in each case.
 MT. Case-Well, that's all.
 Ten minutes recess declared.
 AFTER RECESS
 Dr. T. M Prudden sworn-Inquired of ,y Mir. Bush Reside in New York city; I m a'physician and instructor in the College # Physicians and Surgeons iii New York and n the medical department of Yale College eceived my instruction in the medical de- of VoIn HoJlaoa bova baep for fxuo |