Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-05
probe was rather downward and bsckvard


which the probe would follow. Am cor
rectY
A. No. found track which the probe
seemed 10 follow very readily, taking the
direction as stated above, and could find
no other through which the probe would
enter.
O. Was that track above, through, or I'M
der the touguef
A. IL seemed 10 be rather back OF the
tongue. 10 might possibly have passed
through portion OF the tongue.
Q. II you bsd examined the wound with
any degree Of care or probed It with any
degree Of care would you not have known
positively and absolutely whether the tongue
was cut:
A. made but a slight examination, Just
TO get the apparent direction OF the ball.
q. Then, admitting as you do, that Won
both examined and prObed with very little
care. how do YOU Justify yourself in swear-
ing 10 this jury, sitting upon the trial Of
msn who IS charged with murder, In ex.
pressing the opinion that that wound was
fatals
A. gave 1t as an opinion, simply from
The fact Indicated by the probable course Of
the ball, as indicated by the probe when ill.,
troduced into the wound.
q. Is that your only answer TO that ques.
ton;
A. It's.
@ What do you mean by the angle OF the
1.-The witness indicated the angle on his
isce.l
@. What is the extent OF the injury TO the
iaw-bone
4. u was fractured very much.
q. Were any teeth displacedY
A. / did not examine TO see.
q. Did you look into Mr. Bsin's mouth;
A. ! did not
Q. Ordinarily, is q dead mans mouth en-.
tireiy flied by his teeth and tongue!
A. No.
. understand, then, there is cavity. II.
then. you introduced the probe into the
mouth, and you do not know IL any teeth
were displaced or the tongue injured, was
there in fact anything else in the mouth
which could have furnished track for your
probe by which YOU could tell with any de-
gree OF certainty or probability the course
OF the ball either before or after If entered
Nil. Bsiu's face?
A. / did not examine Mr.. Bain's mouth
neither did I eXsmine the tongue. simply
introduced the PROBE, found the track which
the probe followed, and found no other di.
rection which il would follow.
Q. Did you try your probe IN any other
direction?
a. did. repeatedly.
q. Did the end Of the probe enter the
mouth in the cavity or beyond
A. The probe entered the wound and fol-
the direction indicated, and would take no
other direction.
q. DO YOU know, then, whether or not 1t
went into the cavity Of the mouth
A. II Il had not penetrated some OF the
tissues OF the mouth it Is very clear that You
might have given the probe any direction
you might wish 10 give il.
O. How do you know that your probe was
not fixed 10 its course by being passed be-
tween two teeth or two pieces Of bone?
A. The probe passed loosely into the d.
rection Of this cavity without any degree OF
force. and could not have been held by the
teeth or the bone.
Q. Why?
A. Because | could have discovered it
very readily II such bad been the case.
The witness said that he had not his probe
with him, and was requested 20 bring it into
court.
O. Is IL possible for YOU to ascertain
whether probe ia following the course OF a
ball enters a cavity?
a. II the probe should be introduced with
a sufficient degree Of force 1t would make its
own cavity, Otherwise 1t would necessarily
follow the course Of the cavity slready made.
q. This does not answer my question.
A. II might be done. because the probe in
that case would admit OF change Of direc-
ton, otherwise il would not
q. Don't you think that ball went into
Mir. Bain's MOUTH
4. 1t passed through the mouth down into
the neck undoubtedly.
q. Then, If your probe followed the course
OF that bsll IL must OF necessity have entered
the cavity Of the mouth. Isn't that truey
A. / did not mean 10 state as my opinion
that it entered the cavity OF the mouth pro-
per, but through some OF the soft tissues
probably or Il portion OF the tongue in
direction downward.
q. How could that be possible II the
wound was. as you state, al the angle OF the
iswy
\. Il was not in the sngle OF the Jaw; it
was an inch and a half anterior to the angle.
q. Is the course Of ball fred into the hu-
man body certain or orraticg
4. It changes It's course very readily.
q. Ought not one who testihes as q med-
cal expert IN matters OF this kind, especially
here life is involved. to be all the more csre-
iul in himself asccrtaining the facts, or having
them from some one skilful and careful in
his profession. who has made proper ex-
animation before he expresses an opinion
upon question Of so much gravity
4. I made a statement that | had only
made an examination OF the wound by the
probe, and could not otherwise than give au
opinion when required so 10 do which l con-
Ceived ID be correct
q. Am 10 understand, then, that you feel
called upon to express an opinion whenever
that opinion Is called for, no matter what
NAV have been your means OF obtaining the
information upon Which a proper opinion
might be based!
TO THE BEST OF HIS ABILITY.
A. When my opinion is asked rs 4 witness
before the court I feel compelled TO answer
10 the best Of my ability and truthfully, and
a. far as am able to form correct opinion.
] will state as a reason for not making
more thorough examination Of the body
that Carleton Marks had already confessed
10 me to the killing OF the said n. NJ. Balm
and was then In custody by warrant
which had issued for his arrest. thought,
therefore, that a more thorough eXamina-
ton Of The body was unnecessary, and eX-
amined the wound simply to satisfy myself
as 10 the probable course OF the ball, Is well
rs 10 form an opinion as 10 whether the
wound would have been fatal.
Q. Are you absolutely certain beyond any
doubt IN your own mind that il was Carleton
Balm, or was it some one else in his pres
ence ?
A. The pistol was handed me by Judge
Shelton az the pistol with which Carleton II.
Marks killed OF shot y. Nj. Balm. took the
pistol and turned TO Carleton ii. Marks aud
asked him il that was the pistol with which
he shot and Killed n. NJ. BAN. He said Il
was. then asked him how many times he
had shot him. lie said twice.
@. Is that all he told your
A. It's.
q. Did be give you no explanation Of it {?
4. He did not.
at this point, o'clock, the court adjourn
ed till Monday morning, the cross-eXamiua-
ton OF DR.. Nicholson having not been con-
Guided.
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