New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-14

COUNSEL FOX II
water indicated tho presence Of either anthony
or tin. This the nrst positive suggestion OF
anthony. The white substance was separated
in tho rSr!duam Which had been treated with the
distilled water it had been left in the LIQUID The
is%S s0a aIisr "S The asS
and and ass Nth w ss Of
powder which ala not ssGye IN hydros sS
did dissolve. and no doubt remained Of the presence
sulphurie aeid to drive of the nitric acid and the
clear solution that remained was treated with
sp Il was possible that ss
% So% or r rasss OF
his S,I hS.s or
curious habit of talking with his hand over his
wh eas II" Fl %Ss about and
contained about thirty specimens IN glass tHS.' OF
BAUM boay as treated by him for the discovery
of arsenic and antimony THIS was vas. , novel
spes' criminal trial. have have such oece proofs
afforded Of the presence OF poisrh uI hen s hs
jury with his case full OF exhibits and proceeded
to explain each test, Having obtained something
that 10 TO be be h s hsr
ton was aimed TO make sure that It was vas, fesliy
the substance, he believed to be antmony and hoy
he had rsS it wh certain To- sIa In ws ala
dissolve, But that didn't quite prove that It was
that would be dissolved by that particular acid,
sa, having driven of that acid. he tested it Win
not dissolve, but il 1t any Of the other possible
polsens, it certainly would, Well It did not dis
he carried the preef still further by making all
kinds Of combinations which only antimony would
Stances might Ali these told the same story
Then Re TOOK up the yellowlsh precipitate tina!
al est ,sa aa arsenic i Il surely tie
described each Of these tests WIN sbeI. fhad
cusr1 at or the e other srssnca oompoand
Finally he got all his arsenic together and weighed
H. and an his antImeny together and weighed that
He had tested emily three Of the organs and only
half the tissue from each of these three but nc
produced what, expressed In arsenious oxide, "ouo
have been three grains, and what. Expressed In
the anmonai substance known az .aI h bsa se
decided in weighing his anthony he lost about four
grains Of It,
TESTIMONY ABOUT ARSENIC.
Professor Dsremus's statement Of this loss caused
considerable discussion between counsel Mr..
Brooke had been in an Directing humer all day.
When the Professor took the stand and said some
thing about arsenic Mr.. Brooke objected he said
there was nothing about arsenic In the Indictment
and that 1t consequently wrong for the state
to undertake to say anything about arsenic Az
cause of death, and he asked Mr.. Nicoli whether.
IL he had charged a with murder. by means
OF a pistol shot, ne supposed lie Wouiu Dc apiV u
prove on the trial case of murder by some form
OF poisoning. Mr. Nico said no, but that II he haa
charged murder by form Of poisoning, IL would
be entirely competent for him to prove murder by
some other form Of poisoning. and he said that the
law of the matter was settled beyond all dispute.
Judge Barrett more guarded lie read the
indictment and perceived that it did alege death
by anthony and that it did not say anything
about arsenic. He said he would think the matter
over and consult the authority, but he was so wen
convinced In his own mind that the evidence was
admissible that he would allow r DSpS no
jurymen around him and discussed pols0ns ana
the Prolessors lecture having conveniently hailed
Judge Barrett said that he had found nothing TO
support Mr.. Brookes contention
1.-The crime charged here is not in It's essence
the misuse of anthony, but it is murder by means
by rsuffocation The Indictment charged that the
victim had been murdered by means Of hand
United the State TO prove that the hand had been
paced around the throat The law which requires
as means Of prevenng Justice If it were inter
require. it would be almost impossible to bring
criminal to the bar or at least to Keep MN there
SO Dir. Brooke. defeated in this contention. re-
sssns how 10 m weight it THAT
he lost. professor Doremus's competency as a
Mr Brsoke viii M listen to him
when he says that he DID something with IVY, TWO
want him to guess about weights and measures
We can do that, and the jury, as well as
he"
Mr., Nicoll seized this opportunity to make a
said. "a quantity of anthony. He proves that 1t
Is anthony. He testified that he took II from tho
body Of Joseph Baum. That which he submits
TO eur view he weighed. and he found definitely
how much there was Of it, He extracted also an
other quantity OF sntmony. but before he weighed
1t, II lost. He knows proportonatey the bulk
of the part he lost. IN comparison with the bulk
of the part he weighed; and i submit that IL ~
not matter OF conjecture. but matter or knowl |
edge within his peculiar experience chemist.
The Court allowed the witness say how much |
It was, and thereupon Mr.. Nico asked another |
question. THE antimony you extracted and the !
arsenic also came, you say. from one-half OF the
tissue OF the stomach and one-half OF the hu!d |
taken from the body. Tell us now IL you can, how
much antimony and arsenic there was in the body |
of Joseph Baum
DIVIDED VICTORY
There was a at once. Mr.. Brooke !
astonished and grteved beyond expression at the |
stand how a man OF Mr.. Nicolrs information. at |
tainmsnts and personal respcctabity could oner |
such an inquiry, and Mr.. Brooke poured forth |
reasons so numerous that to recapitulate them |
would be almost impossible. why the question should
not be allowed. Mr. Nicoll made another speech,
ana the force OF Mr.. Brookes objections was go
obvious that was tempted to think that Mr..
Nicoll had asked the question, not In the hope,
perhaps not In the desire, OF getting an answer,
but solely for the purpose OF making the speech. |
He started out however; by asserting the compe-
remember that In the buchanan and Harris cases
II had been permitted the expert witnesses to de-
clare new much Dtisoa the body contained, not