Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-20

Mr.. Coleman desired 20 ASK ,he
a malady he had treated Adler Tor, ana re-
marked tina, il had already been shown ~
DIR. Wagner that the deceased had suffered VIZ VIZ.
n disease. This disease. he said tnes "oule
show WAS Of a character that tended W Pro
duce septicRmi and they claimed ue"'n
due 90 septicRma.
The chief Justice remarked that there vas
serious question whether that would pe
Tense even il il were true. tie referred TO the
privileged character 81 a physician rc"u .e
Co his patient and was in doub; whether uIe
law and practice did not prohibit such tse-
mony.
After some discussion the Judge sid thai
there was no doubt that the common law dio
not make privileged the relations Of physician
ana patient. but he was in doubt a. 90 whetnc
the statutes applying 20 this District did NOS
prohibit such testimony.
There WAS then = search for law books In
order 10 gain light on this subject. and pending
decision the court took q recess until
o'clock.
AFTER RECESS.
After recess Judge Hoge announced that -
had made the investigation as 10 the point In
volved in the testimony Of DIR. Morgan and
read extracts from Law books bearing on the
matter. Chief Justice Bingham announced
that he had also read upon the subject and
would allow the question to be asked subject
10 future limitations on account Of competency.
The question was asked. Mr.. Clagett asked
that DR. Morgan might he allowed to make .
statement.
DIR. Morgan said that he would rather not an
s"er the question on the ground Of protection
| to his patients.
The court overruled this request. saying thss
the common law would hold.
Dr Morgan then said that he would answer
under protest He then testified that THREE or
Tour months previous Ia the shooting be at
tended Adler and treated him for a secret
disease m Its secondary stages. AZ the autopsy
there was no evidence that has death caused
/ by this disease.
| DIR. MORTON HAD ALSO ATTENDED ApIFR.
DIR. {. A. Norton WAS next called and asked
whether he had treated Adler for any trouble
previous to the shooting. Dr. Norton stated
that he would rather not answer the question.
Adler had come Ia him in confidence and he
would prefer not 10 testify against a dead man.
lie Was compelled To answer. however. and
testified that about March. 1858. or rather
about eight or nine months prior to June, 1879.
ne dld treat Adler for the secondary stage of
the disease. Dr. Norton described the
that the second time Adler came to
nm he raised his price To- drive him away,
/ as he did not desire that sort of a case. He had
never seen such an advanced state of the dis
ease 10 be cured. H., last treated Adler an
February or March of 1859
When questioned about the ricocheting Of
bullets Dr. Norton told Of a ease he witnessed
during the war. soldier WIS holding his
musket at present when a bullet struck the
metal band around the stock and glanced on.
killing another man eight feet in front and
thirteen feet TO one side of him.
QUESTION AND AN OBJECTION.
Mr.. Clagett asked il the absence Of anv ap-
pearance of the disease in question on Adlcrls
body at the time of the autopsy would indicate
the absence of such constitutional faint as
would produce uufavorahle symptoms in a
patient suffering from gunshoi wound
Mr.. Coleman, for the defense. objected on
the ground that the question incompetent.
| ineligible and immaterial.
And unintelligIble. added Mr. Wilson.
III there was an absence of any symptoms Of
the disease on the body AT the time of the
autopsy what would you say ~ To the proba-
bllity of that disease causing tie death Of
Adler?"
IF had had no previous knowledge Of the
disease should say it not the cause of the
disease.
| Dr. Norton was then asked if in the case
of a wound such a. Adlers. where the
wound had healed &c.. describing the
OF Adler. whether the disease might
not be regarded as a cause If the death. Wit
ness thought that man suffering would DO
more liable Ia the i'll results of a shsot-
ing. He thought that when a man
developed bed sores within eight days il WIS "a
sign that he was suffering from malignant
disease that would break down the tissues.
AN INSANITY EXPERT.
DIR. Walter kempster, an authority in eases
of insanity, was next called. lie testified that
he had had twenty years experience as
assistant superintendent and suberinteadent
in asylums FOR the insane. He had had expe-
rience IN treating gunshot wounds and wounds
of the spinal cord. Mr.. Coleman then read a
question that occupied seven closely written
pages of foolscap. The question began
| by assuming the existence of such a
man Ward and surrounded him
with the line Of actions and circumstances
similar to those that have been testified
TO by the defense in this Of Ward
| all tending TO show the erratic behavior
of the man. The question closed by
asking DIR. kompstcr what on the assumption
that this hypothetical case was true. would be
his opinion as 20 the mental condition of the
man and his moral responsibility.
OBJECTION AND ARGUMENT.
Judge Hoge objected to the length and form
of the question.
Mr.. Wilson argued the propriety Of the ques-
ton and held that that the only form in
which hypothetical case could he presented
| to a witness.
The question was then handed to Judge Hoee
| to read as carefully a. he wished. He remarked
that the question WIS objectionable account
of the bad handwriting.
''Best / can dc" responded Mr.. Coleman.
Judge Hoge said that they should have been
allowed time 10 consider the question carefully
and 10 compare the facts in the hypothetical ca.o
one by one with the facts they have been
developed in this trial. Some little time was
consumed i'm this reading of the question and
discussing what ought Ia be done IN the matter
AZ the counsel for the defense admitted that
they had a series Of such Hypothetical
questions to be proPounded 20 witnesses bear
ing uyon different aspects OF the case. The
court then adjourned until 10 o'clock Monday
morning in order 20 give the government an
opportunity to study the questions.
Before the court adjourned the counsel on both
sides made a request that the iury he given n
other opportunity TO take an airing instead Of
being housed up all day. MIR. Coleman sug-
gested that they all go to church, but there
seemed 10 be an idea that the jurors were mem.
beers of too many churches and this IVES
abandoned.
The Bosart Habeas Corpus Case.
Before Judge Montgomery today Robert ID.
Bogart appeared under habeas corpus proceed-