The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-10
EVIDENCE OF vIND1cTIvENEss

worthy of a personal Journalist, and was
not cTeditable to the State Of California,
| on whose behalf this prosecution il nom
inally conducted; and the outrage was in.
| tenslhed because not even an effort was
made, directly or indirectly, to prove the
| you retire for your dellbsration you may
/ not overlook this significant Circumstance.
/ Dr. Plummer not only set forth the condi-
! tons from which you can discern the
I effects Of the accident to the defendant.
| but he -Awore directly to the effect itself;
/ and, on cross examination. concisely and
/ exactly illustrated its meaning. He said
| diseased part Of the ear and the brain
| were sucn that the latter organ "o9!d
| be very liable to DO affected. he
| described the nerve Of hearing, which
! il distributed in the inner ear, as orig
mating in the brain. He also gave
q description of the three parts of the ear
the external. the middle and the inner
embracing the outside ear. the tympanlc
cavity. with the Eustachian tube leading
from it to the back part of the throat, the
mastoid cells. and the distribution OF the
auditory nerve. He furthermore traced
the course of blood vessels between the ear
and the brain. Like every other physician
who has been before you, he stated mat
the supply Of blood to the heao was much
greater than to any other part OF the BODY.
I he deductions from these facts were evil
dent to any man of average intelligence;
to say that q young man who for years
had been in the state depicted by DR.. Plum
Iner. had suffered a lesion of the brain, that
his natural eXcita bility due to his tempera-
ment was not inevitably Increased, Is, in
my deliberate opinion. absurd, and the
prosecution was etfectually rebuked, as 1t
ought to have been. when in reply to the
question implying proof that he defendant
had been in the habit or INDUCING TOO
freely in wine and rich food, DR.. Plummer
said Il have never known him TO do so.
My presumption about the occasion OF the
headaches was that they were from severe
mental eXertion, in consequence OF his
tendency to trOub Bile of that kind.
So much for the testimony OF DR.. Plum
mer DR.. Lane, who is covered with hon
ors from his own country, from Great
taught anatomy and surgery for twenty
five years, was in some respects more pro
nounced. He has known the defendant
family physician. attended him in that
early illness mentioned by his father,
which almost proved fatal. He Classics
him as
A YOUNG MAN OF SPIRIT
I hope he will never lose that-and as pos
sessing a nervous temperament, which he
defines as quiet, impulsive. ready in action
and usually sensitive to impressions. The
account of DIR. Plummers apprehension
about the case: DIR. Lane was consulted
about four or five days after the accident
and found the defendant III bed, with q
red, flushed face. hot skin, and quite ex-
cited in his manner Of talking, all the
ymptOms indicating trouble in the head.
After the abscess was formed he feared
for his life. When consulted about the
abscess, while he himself was sick in bed,
at the time the first operation was per-
formed, he observed that the defendants
ear was so badly swollen as to be about
closed and lifted up from the side Of the
head and that he was enduring great
pain.
After that he saw him several times,
when his hearing was impaired and whilo
the discharge continued, which the recent
operation caused. He considered the con-
cuSsIon of the brain a very serious matter,
and from the later symptoms traced "a
close connection" between that and the
diseased ear. He tells you in terms so
clear and concise tina: L cannot hope more
fully to interpret them, that conclusion n
the brain means that its cells sEe Jared.
shaken and displaced Wiz refersSpca n;
each other, and thatisfoIlowed by changes
in he relations otasne cells, small points or
HtstIRe es oI rn33ood remaining in them, and
d. d. d ls6r period lime taking the place of
- erred matter. Remember now that he
speaks of the cellular structure or outer
side of the brain, that part lying close to
the skull in WIFI h ideas are generated-in
other words, that point which cannot be
hurt without injury 10 the mind. And he
is positive on the proposition that this
mental irritability, accompanied fire.
quently by alterations in temper and re-
lated as effect to cause. to the
tendency to inflammatory action in
the brain will last, under ordinary con-
ditions,. and without the exciting
causes, winch existed IN the instance oe'
u
the review of our testimony in what are
strictly defined as 'predispOsinG causes to
insanity, OF temporary char
acter, and, tedious though 1t may have |
been have condensed. as well as l can,
hundreds of pages of The record, to bring |
before you what 1 conceive to be the |
salient features Of this part of the defense. |
If you will follow me closely, l trust you |
may find that, imperfect as may be my |
use of language, there Is somewhat init |
nlate connection between all the divisions |
and subdivisions of my argument, and |
that even the line of self-defense will not |
be wholly ASSOCIATED in purely legal |
sense from what precedes it. l have not |
discussed the testimony OF relatives,
friends and scientists on these predispos-
ing causes. but before leaving them l must |
briefly fulfill my promises to convince you |
that Drs. Lane and Plummer are Sus- |
tanned by so many of the medical men as |
those who were in Court, always excepting |
Dr. Stallard, who agreed with them only |
in concluding that the injury to the de. |
fendant and the illness that supervened |
was serious.
sUBsTANTIATIoN BY OTHER PHYSICIANS. |
Henry NJ. Fisk. who never made an |
examination of human brain after con-
cussion page 1857, and who recognizes no |
distinction between concus-
sion and confusion of the brain, was never
theless forced to admit by the able cross |
of Mr.. Taylor that q young
man of nervous temperament, who had !
have befallen this defendant. would be-
come more than ordinarily excitable, and |
that the trouble in the defendant S ear was |
- very serious.
will not stop to read it, although it Is a |
part of the case to which / should have de- |
sired to invite your attention specially.
DR.. Stallard. who evidently thought he |
was engaged in an argument with my |
learned colleague, and who believed that
tn defendant had Inflammation OF the in |
ternal ear, and that DR.. Plummer and Dr:
lane were probably entirely mistaken
as to its cause, conceded, to use his own i
ad jeCtives, that the trouble was most |
severe" and, in response to Judge Camp
bell, defines the trouble about which he
ternaI ear, following an accident or a
oruise," such as Mr.. Taylor had described |
to him.
DR.. A. NJ. Loryea. the proprietor Of the
New Hammam, about whose evidence on
another point hope to make myself I'M
hereafter, acknowledg d that in
IuTies 10 the head were causes OF insanity;
that conclusion OF the brain was "gener-
as the defendant had was a
very serious matter. and that these
troubles might have occasioned irritability
in the brain.
DR.. David Wooster, who developed more
polemical ability than actual study of the
special questions under discussion, was
candid enough to designate the sickness OF
the defendant as very severe"
DR.. James Murphy. who had been wit
ness for the prosecution on its case in
chief, and who might actuslly have been
against our defense. was still
very fair in his evidence, and not only tes-
titled that the conclusion and the etr
difficulty were serious matters. but calcu-
lated to make the brain of the patient sus-
ceptible and likely to get off it's balance
DIR. F. b. Kane. a clear headed man.
with facility for expression and for nice
logical distinctions. and with considerable
attachments. and sub ect per
Ir- to- haN ri fiNiST hot ha &c
tie ver-positive. fully recognized the Sc
verify of the conclusion and the subse- |
quent ear trouble tp. HAD. and thought a |
man who had passed through such an ex- !