Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-10-07

ing way, and when within Is or 20 feet he
changed the pistol from the right hand to the
left hand, and picked up missile of some
kind in his right hand, when the pistol was
discharged. l held coroner's inquest on
Smiths body at that time, and took down
salient parts in Seville's testimony, and the
latter signed it; have the paper with me. 1t
was read to the court. After giving the
manner of Seville and Smith entering the fort
it states that when Kelly approached quite
near them he stopped, put his right hand over
his left when the pistol was discharged. The
witness said that after he arrested Kelley the
latter took him in the fort and explained the
way the shooting occurred. This explana-
tion corresponded exactly with that given by
Seville at the hearing two days after.
Edward A. Roche of Bath testified that he
been in the practice of medicine and surgery
for nearly q years. He was a graduate of
the medical school at Bowdoin College and
later from the medical institution of New
York. The witness gave sketch of his ex-
perience as a surgeon in the army and else.
where; was at the hearing before Judge
Tallman; neither Drs. Fuller or FurReson,
while claiming that the death of Smith was
caused by hemOrrhage seemed to be able to
define the terms neither said that his death
was caused bv the loss of blood. The wit
ness stated that in his opinion as an army ex-
pert and as surgeon it was impossible that
the nick in the femoral artery in Smiths
thigh could have been made by bullet from
Kelly's pistol, as the artery impingei against
no bone. In the post mortem examination,
the nick in the artery spoken of might have
been made accidentally by a knife. The
witness though that Smith did not die by
secondary hemorrhage, If the shock to
Smiths system was more than the wound
would naturally occasion, in nv opinion.
fright caused it. The witness gave detailed
account of the way in which such a wound
as that received by Smith should be treated
He showed to the Jury tourniquet and ex-
planned its application to arterial wounds.
At the hearing before Judge Tallman, Drs.
Fuller and Ferguson testified that the track
of the bullet in Smiths leg was horizontal.
In the afternoon DR.. Roche continued his
testimony: The only thing to be done now
was to stop the hemorrhage with the thumb
and there should have been taurniquet put on
the limb and it was not right to leave the
young man in the care of his mother there
should have been some surgeon in constant
attendance. He did not understand the oakum
treatment and did not think it was proper to
use that article in flesh wounds after the sep
aration of the artery had taken place.
On cross examination he said that he had
practiced in Bath since 1856 and practiced in
the school of homeopathy. person five feet
nine inches in height should weigh about
l65 pounds. 1t is not possible for man who
had the femoral artery severed to walk 400
feet and if it had been severed one-third the
man could not walk 400 feet; if he did walk
L "a ~
had not seen any negligence practiced in the
army and thought the army most thorough.
Witness was AZ years of age and was 25 years
old when the entered the army as a surgeon ;
in this case the state of affairs reported
might have existed, but it was doubtful in
his mind.
An order was read forbidding any trespass-
ers on government ground without permis-
sion, dated June 2S. 1867; also others egard-
ing admission without permission of unknown
persons also the law relating to the duty of
the sergeant at such fortifcations.
| Sergeant Kelly was recalled and asked
whether the magazine was open at the time,
and said the outer door was open.
Nelson w. Ham testified Reside in Bath :;
at present am a student; was reporter on the
Bath DAILY Times at the hearing before
Judge Talman. Sevill testified that after
/
preached them running and Smith said {:
"Hold on, what are you doing? Which way
shall we go out?" When the report of the
pistol was heard and Smith exclaimed, II am
shot" Seville said Smith stopped to pick up
something; don't recOllect what done
with it He was approaching with some
object in his right hand. He stated that he
didn't see any pistol. The defence rested
and recess was taken,
Upon reassembling the government re-
sumed with refutiag evidence.
Parker p. Lichfield was recalled and testi-
fed that at the hearing before Judge Tallman
Seville testified that Kelley entered the gate
and came running toward them exclaiming ::
''Clesr out of here; what are you doing?"
did not hear anything said about STOPPING to
pick up anything did not hear DIR. Fuller
say the wound was horizontal; heard him say
the bullet was taken out below where it en-
tered; did not go into the fort after the
shooting nor down to the gate.
j. II. Haley was recalled. He said that at
the hearing before Judge Tallman. Seville
said the sergeant stopped to pick up the
missile and came into the fort runnng said
this on direct examination; DR.. Ferguson did
not say the wound was horizontal, nor did
DR.. Fuller did not go into the fort after the
accident; heard the report of the pistol.
On cross examination he said he did not
have any conversation with Spinney; didn't
say he would do all he could to hang Kelley
DR.. f. NJ Fuller was recalled. He said he
heard Sevilles testimony at the prelmim-
mary hearing; never said to any living per-
son that the wound was horizontal the bullet
went between the inner side of the blood
vessel and bone; the artery was nicked, and
a part of it severed; that part was removed,
and he now had it in his possession. Ut was
here presented preserved in alcohol.) 1t was
found that the wonnd in the artery was in
fiicted by the bullet on the edges of the
artery below where the bullet struck. 1t was
found that the clot of blood and process had
gone on the same as in a case of amputation.
Nature had so far repaired the wound in the
upper section that the blood had forced its
way through, making a triangular course,
allowing the flow of blood. When he arrived
the forenoon Smith was shot, he did not take
up the artery because it would have been sure
death.
On cross examination he said he saw Smith
FIVE times from the accident till his death
DIR. Fuller did not consider that the exposure
on the piazza injured Smith 10 the least.
Caleb NJ. Seville was recalled and said At
the preliminary hearing he said that Kelley
brought his right hand to his left and ap-
peared as though taking aim.
Edward J. Millay was recalled. went
into the fort with Kelley two days after the
4 II