St. Paul daily globe., 1888-11-17
THE DEFENSE.
Scanlan Shot Pearl" and Then
Killed Himself


Attorney Wellington began his argu-
ment for the defenSe at 4 o'clock and
talked for an hour-"talk'' is about the
term that should be applied to his style
of oratory. if such it might be called,
for he made no attempt at forensic
display, but proceeded in a cool, argu-
mentatiye way that was exceedingly
convincing inthe manner of delivery, as
well as in the presentation OF facts. He
pictured on one side the state; on the
other helpless and almost friendlesS
woman. The duty of the prosecuting
attorney, he said, was to defend
as we'll as prosecute her. 1t seemed
strange, therefore. that an effort was
not made to lay before the jury the
whole facts of the case and the attend
ing circumstances OF the alleged crime.
The witness who occupied an adjoining
room, and who was the first to view the
scene of the tragedy: had not been pro-
duced. Why was this? Did the repre-
sentative of the state. its prosecuting
officer, eliminate certain testimony in
order to secure conviction as a proof
of his ability as a lawyer?
1t is the duty of the law, he argued, to
protect one attribute of the law as we'll
dS ~ PROSECUTE tLC @OliItI
is ineXplicabe why the state does not
produce the one witness who. above all
others, can give relevant testimony.
do not know whether or not any one of
you, gentlemen of the jury, have ever
had any experience. l do not know
whether you have ever witnessed a
scene of battle after bloody carnage.
If you have you will appreciate the
situation. You will know that the
fallen, dead heroes have sweet, peace
ful expression in death. Then why
should not James Scanlan lie upon that
bed, cold in death. bearing Il peaceful
expression upon his face, whether he
had been killed by his own hanG or by
that of anOther?' Mr. Wellington then
proceeded to ontline
THE THEORY OF THE DEFENSE.
The surgeon who attended the de-
fendant, ''Pearl' Wilson, had testified
that she inquired "W hat makes my head
ache So?'' II she had shot Seaman and
then herS0lf would she have asked that
question? Should credence be given to
her delirious mutteringS, repeated by
the policeman Delano? Seaman was
found lying on his right side with Il bull
let hole in his left temple. He must
therefore have held the revolver in his
left hand in shooting himself, and it was
proposed to show that he was left-hand
ed, and that it would be the natural
thing for him TO do. Another thing.
the revolver had been held so closely to
his head that the hair and even the
flesh was singed, while there was no in
dicatiCn OF any powder burns about the
wound at the back of Pearl Wilson's
head.
WITNESSES FOR THE DEFENSE.
DR.. f. 5. Kelly, the police surgeon
described the nature of the defendants
wounds. The defendant came forward
and the witness pointed out to the jury
the place where the ball entered her
head, and an examination was also made
by Drs. Jones and Burton. DR.. Kelly
stated he had not Aoticed any signs of
powder burning which would indicate
that the revolver had been held within
close proximity TO her head. lie
was asked at what distance
from the wound the revolver must
have of necessity been held TO
avoid powder burning, and requested 10
cite medical authority on the point, but
the question was ruled out under the
objection that nothing had been intro
duced to establish his qualification to
testify. The doctor produced the bullet
that was extracted from Pearls head,
and it was offered in evidence. He tes-
titled that she was unconscious and
deliriOuS for at least q week after she
had been transferred to the hospital,
and he did not think she was entirely
in her right mind even when she WAS
taken to the county jail, al