The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-02-22

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Ao'e' nv pn' ''.1AAS ~ ~. 80" 49, VIZ 70
nao kono' Ano oooo"ooN' Aoeo "vuAc - Ho'
Anomn W Low S0oA S We
sraouaiiy oioeuins souea'n Oh 'no n.'e' no mu'
In such Case nave oeon oo's0i Ny nis LOO
inss u LID VOL eoHeAo. .A "' pn'sioi"n
however sKiieo' cooio NO. Inc oo"I' nere relerre'
10 an Engnsn case "here Inc oaii nao passeo ine
the spine ana tne pnyslclan' no' knowing tnat Iac'
hao neid Out AZ WHICH 'ne oecease'
did not seem 70 concur. Iho court neio tnat TN
wound peing IN Inc SPINS sno uoooaseu was Dol
1er luoso VI LIS ooiuAsioA sA"A VIZ ooo'ot' anu az
inis'oo sno oooialAoAs' A-e-o- 49, VOC "A'o lnAo'
70 inc hunter hill Case Al zno oras.an report
whers tns Pnysiclans' misieo w tneT PROBES
tnougnt tne "oono epernoia'' anu ~ soio tn'
wounded man smltn snst ne wouio De up IN a lev
DAYS OUT inc man snooA MS neao anu sa'o II wal
"oeep' oeep' deep' aeep' ana tnoush no oio no
say tnas 10 was going " oie' 5e' no usou "oro'
tahtainouht' anu Inc Oour' aali'soo LIS ueiara
'ions Ahe !uuso ptoeeooou W BOY sna IA Ola eases
VI tnls Kino' determining LILO aomissioA'y VI oyint
"0.o' VIC oo1A's Aa' ---"eD % s" wv. sA'
.1.o A4N oA.A" - Ao "o1NN' %. aepA AAAe
'no oeoeaseo u LAD uAnser anu 'rue couuiN1o inoo
ponoent Oh MS PHYSICIAN winch latter matter u
/ ~ Ao '1o'oos "a An'os'isasIoa, "noio 'ne WYNN
o. nasoie " JUSTLY 'ne opinAoh Vi 'ne oooeaseo
VIC ooui1' ESQ iay very great s'ress on WEE
p.oA '-o ooooa'ou may nave eAprosseo ~ i0safe
" nAS own conoitlon IL Will Do recoAected tnat tn'
s.oT neinorrhage began ABOUT p m. Oh jan
=. 49, Ao.e 'no,eai'ef' 'na' 10 'iii O'CLOCK
| ~. - -,1lNN ', ,, o" o.
80 -'--oe'' y ~ "' iis aiee Sseles
~" oon aA d. w. VI 1an' oro' Inc deceased
| -1 i snae no "oolun nVe; tnat ne couldn'
| ~ . veg "Ao'noA A'o"ii 0aee' Voiofrins
| sS ,oSnons snoms' 70 ono hean VINO "as
! 80. 80 O"''l' 'na' 'no "i'nese' Judging
| ,- N1 e1noiins Vi Inc oeceaseo
-. .Ie aeo a-0 "ouno anu al surroundings
iouHh' mot mo osceaseo hao no hopes OF recovery
ous nopoo 'nt 10 "ouio survive some eight or nine
oAss' anu 'na' witness never, at any time, heard
oocoaseo express any nope OF recovery.
oo .no "i'ness, 1'cStsteT, states that, between
ana ~ a. IN. OF Jan. 3rd, the deceased told him
tnat me tnougnt the wound would prove fatal, -
ana witness, Judging from his condition, his cold
think the deceased had the slightest hope OF recov-
cry at that time.
| SO, too, Capt Waters states that when he saw
him at a. m. of Jan. Srd, the deceased told him
that ne had no hopes OF recovery plain as man
could we'll say 1t.
Again, at 2 10 p. M Of Jan. 3rd, less than an
| hour preceding his DEATH when Schefrer told him
| that he would be dead man in a hours and prob
ably less, deceased said, 'sAh, TO pass away so
soonY'
| To the above must be added the statement of the
nr bal
when decd was informed that though his wife
was then telegraphed for, she could not come on
that days train which had then passed her station
he then said that If he lived till morning they could
telegraph her to come.
AS against this evidence, the defense relied chiefly
on the evidence of Dr.. Halter Henkel as confirmed
by his brother, Dr. Abram Henkel, and extending
up to 11.35 a. m. of Jan. 3rd, up to which time,
both of those physicians were of opinion that de-
ceased entertained some slight hopes Of recovery
ana was, therefore, incapable of making dying
declaration which would be admissible In law as
proper evidence. The Judge referred at length to
the evidence of the physicians, showing that they
had based their opinions on the remarks the de-
ceased, and proceeded 70 quote their testimony,
showing in substance that prior IL p. m. of Jan
End, the physicians had communicated to the
deceased, on inquiry made by him, that there was
bare possibility of his recovery that on four sew
eral subsequent occasions between II p. m Of Jan
2, and 1Oa m of JAM 8, the deceased had inquired
of one or both OF them, Chow is 1t how?' or .How
goes 1t now?" to which the physicians responded,
| "About as BEFORE" at which remark smile would
beam on his face. and he would sav .srban tbarats
still a chance then " to which tho nbvs,o,a, -,
reply .rhere ia bare noss,h,litv Of von,. recr ;,
The Judge considered that in v,aw 81 tho no.,ra :,
the wound, the deceased had in ract bean
| hIaad;no 20 a, ~, -, ~,
what the deceased himself had sta,ad 70 ara.orv
and to Lckliter and To Cant waters the 1aoeo sads
expression to his physictans utben tbare ia bona
then" taken in connection with how It was made.
constituted such expression ,ntsrrooot,ne and 90
referring tn the on,ntop or tho nh.s,,,ons nh
ho,,,,,,, ,.,, - -, , f' AAo
the comforting assurance that thare ,vas 80 80
possibility OF recovery" in view of all the facts
impressed the Court that the deceased, in his own
pinion' mhen 'eil 10 nlnseif was In chronic state
won,d seem to tnd,cate sorod anaaan,s ~ snile
the mind, new changed phase in Its eondition a
lifting of it up out OF a channel Of more serious
thought to higher, brighter, SUMMER plane of
pnsn the upon .re, .nose occasions
welcome news that there was hare ,,oss,n,,ta -,
his recovery, he was thereby temporarily lifted up
into this pleasant, smiling frame of mind, the
t,sm - az .ne o'ner lae.s' cannot out con-
of hone and that af other t,n,ss wnan s,t,,,.
these assurances Of a bare possibility. he was in
point Of fact, as before stated in chronic state
For these reasons ,be Judsa said no would .dn,,t
his dying declarations made to Mr. schetrer little
after 30 p. M of JAM Sd, less than hour before
MS oeatn at p. m. OF Jan. Srd, and Mr.. schefrer
90 nafore the turv tns dv,ns dao,arat,ons 80, =, "
ceased to Mr.. Lckliter at between and 10 a. m .,
Jan. srd and next he would admit the declarations
to Capt waters at a. m. OF Jan. srd but would ex-
a--' ne Iau o.. leu ~ uioso,s between
hoped to live or 10 days
THE DYING DECLARATIONS.
The testimony of the witnesses as to the
dying declaration before the jury, being about
the same as to the patients condition, &C., as
before the judge, we shall not repeat that part
OF their testimony which referred TO Burners
condition, but shall present only such as per-
talneo to the deceased's statements ofthe affair
ltself. Inc jury being IN Court, j. Z. Schef-
Ter was again placed on the stand.
What Burner told Scheter.-After 2:1O p. m.
on the ID, burner SAID to Scheffer: was in
Fannie Lewis room sitting on a rocking char
with my hat on my knee. There was knock
at the door, and Fannie Lewis asked who was