Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-01

@| which had all the ap-
pearance Of being a
JERE NJ WILSON. veritable skull was used
instead. This substitute had a label with the
number $50 pasted on the middle of its fore
head
DR.. johnson was called to the stand and ex-
amiued by Mr.. Wilson. He said he was present
at the autopsy. Taulbee, he said, was over six
feet in height, not feshy. but muscular. TAX
ing up the skull the doctor indicated the space
over which the powder burns on Taulbee's
face and forehead extended.
He then described the wound. He opened
the skull. the top being hinged on conveniently,
and walking down before the jury pointed out
where the ball had lodged. An absess he said,
bullet.
The abscess was about the size of small egg
OF hen. The abscess was filed with unhealthy
pus- The condition Of the brain was otherwise
comparatively healthy, the membranes at the
base OF the brain being thickened and showing
the result of Inflammation. Pockets or cavi-
ties in the brain were filed with an excessive
| amount Of fluid.
Mr.. Wilson asked the witness what the effect
of this accumulation Of fluid on the brain was
on a mans mental power.
The district attorney objected, that this tes-
timony was immaterial.
TAULBEEs MENTAL CONDITION.
Mr.. Wilson said he proposed to prove by
this witness and others that at the time Taul-
bee was said to have made dying declaration
he was in no mental condition to make such .
statement.
Mr.. Cole said that they could not show that
by the result of an autopsy.
The court suggested that DR.. johnson had
not been examined to show that he was qualified
to speak as an expert He did not claim to have
made specially Of brain diseases. He was en-
gagged in general practice.
The court Of opinion that unless the
witness had made a special study of the effect
of such septic troubles of the brain on one
mental faculties he was not qualified to testify
as an expert.
The witness said that his observation had
given him experience as to the effect Of Sec
| ondary troubles like this on the mental power
OF the patient. The abscess undoubtedly
commenced from the direct force of the bullet,
which would have been followed shortly by
congestion.
The witness said this abscess probably formed
| shortly after the injury.
as to whether, judging from the character Of
the abscess the deceased was mentally COM
petent three days before his death Of making an
Ineligible statement.
The district attorney objected holding that
the capability of a person to have made state
ment three days before death was not matter
to be proved by expert testimony. He OBJ
jected also that DR.. johnson had not SHOWN
himself to be qualified as an expert in these
special matters.
permitted the witness to state what the general
effect OF such assesses or conditions as had
been described would be upon the mental con-
dition of the patient
The witness said the mental faculties would
at first be stimulated by irritation and follow
ing that there would be quieting, resulting
from this mechanical pressure upon the brain.
The witness was proceeding to state his opin-
ion that q person SO afflicted would not be in
any condition to make statement, but was
checked by the court. The witness said such
conditions would interfere with the patient 8
mental faculties and lessen their acuteness.
The witness was again asked what his opinion
was OF the mental capacity of person so suf-
| fering three days before his death, but the
question was ruled out, the court holding that
matter for the jury to determine.
EFFECT OF THE ABsCEss
On cross-examination the witness said he
could not state with any certainty when the
abscess was completely formed; it was his
opinion that it began forming soon after the
injury was inflicted. Tho abscess did not affect
the brain SO much as the conditions which pro-
duced the abscess.
While cross-examining DR.. johnson Mr.. Cole
took occasion to get some testimony for his
own use. He had the witness take a skull and
point out just the angle which the course of
the ball took. According to tho witness de-
scription the balls course was at an angle of
forty-five degrees with a straight line drawn
fore and aft through the middle of the skull.
The counsel for the defense watched this DEM
onstration quite closely, its bearing on the
question whether Taulbee was confronting
hincald or not was apparent. On redirect ex-
animation by Mr.. Wilson the witness said that
the malabOne which the bullet struck was very
hard and likely to defect the course of a bullet.
On REORGANIZATION the witness said the
powder marks extended both sides OF the nose.
DIR. JAMES KERR.
DR.. James Kerr was next called as an expert
witness He said he heard DIR. Johnsons de-
scription Of the abscess and condition of
Taulbees brain, as shown at the autopsy.
Pressure on the brain, he said, interferes with
the mental functions Of the brain and, where
the pressure was very great, entirely suspended
them.
The effect of ones suffering from condition
Of the brain described by DIR. johnson would be
that the main faculties would be affected; there
was almost always delirium and partial uncon-
seriousness at times. He might be aroused and
be able to answer questions intelligently, but
not be capable of giving deliberate opinion.
1t was impossible to say with precision how
long such an abscess would be forming; it
would be some days.
The witness was asked what it indicated as to
q mans mental power when he was able to
mdhc U blttcHucut covering several pages OF
paper and requiring two hours to give 1t, but
the court ruled out the question.
On crOss-eXamination the witness said the
mental condition would vary as to the abscess
formed; the effect would be progressive.
Kincaid Testifies in His Own Behalf.
Mr.. Wilson next called the defendant, Kin
caid, to the stand, and that fact caused quite
Hutter in the court room.
Kincaid said he was thirty-five years old and
q native Of Boyle county, Ky. He had practiced
law, but was now journalist.
He came to Washington in 1885 as private
secretary to Senator Williams, but had once
been engaged IN journalism. For year he
was In the consular service. He had repre-
sented here the Louisville Times, the San Fran
cisco Examiner, Texas paper and the New
York Morning Journal
Having an afternoon paper which went to
press at O'Clock he had to 90 to the Capitol
when Congress was in session early in the day
and work very rapidly. This paper made a
specially OF Kentucky news. He did not
think the condition of his health could
have been worse than it had been
during the past three or four years. He first
had the attack OF the iritis, which required him
to be confined i'll a dark room. Subsequently
he had typhoid fever and other troubles
and was obliged to 60 abroad for
his health and was taken very
i'll at sea and was laid up in hospital upon ar
irving at Glasgow. He was taken i'll again on
the homward voyage. He derived very little
benefit from the voyage. At the time of the
shooting he was very feeble and was linking