The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1893-05-13

and speaking in q natural tone of voice
from her room at about 6 80 O'Clock next
morning; at that time bidding her son,
who was going out of the house, q Happy
New Year and asking him to be sure to
return to dinner that day. and having
said woman at about 8 o'clock of the
same morning taken suddenly III under
the following conditions: In her bed,
in her bedroom; the eyes wide open
with blank stare, the body very warm,
iroth coming from the mouth, the mus
cleH of the entire body more or less rigid
and the arms strongly contracted; the
hands tightly clenched head thrown
back, the jaws firmly set strong tetanic
contraction followed Immediately by
death; upon post norton made between
four and five weeks after death no hem
orrhage of the brain is found, the heart
weighing 16 ounces, with very slight
fatty degeneration, discovereble only by
o microscope; all the valves perfectly
healthy and normal; the auricles and
ventricles not dilsted the liver normal
but somewhat large; Kidneys also nor
NAL on gross inspection, and on micro
scopical examination very slight evil
dence of chronic Inflammation con-
siderable quantity of strychnine found
in the stomach on analysis by chemist
about five weeks after death; the sub.
iect with a history of reasonable good
health for at least one month prior to
death.
From the foregoing state what would
You pronounce to be the cause of thead
This might well call for the answers
those gentlemen gave. But many OF
the conditions named In that question
were absent and were wholly incorrect
as to how she died. The proof showed
she was in very poor health. DIR. De
Szigethy, the only physician who was
acquainted with her condition from
April, 1892, to her death, says as early
as April she had Brlght's disease of the
kidneys, resulting in dropsy, collection
of water about the heart, swollen limbs
and abdomen, her urine two-thirds albu-
men and "casts' coming from the kid
neys; almsst suffocating at times for
breath; that he relieved her. but that
che was under his treatment up to her
death; that che died just as he ex-
pected she would die; besides the testi-
mony of medical gentlemen who stand
high in their profession that they ana
lyzed the kidneys and from that analy-
sis gave it as their opinion that she had
Bright's disease.
Can it be said that upon the above
testimony, 80 far made, the people have
proven the corpus deficit; that is, that
the deceased died from the effects OF
strychnine poisoning. But Que answer
can be made, 1t clearly does not. To
take away mans life or incarcerate
him in the state prison for life on such
state of the case as this would be to
override every safeguard the law has
thrown around human life and convict
on mere guess not even rising to the
dignity of probability.
| cannot but think that the fact that
the defendant was an impecunious adj
venturer hunting for the fortunes OF
rich widows, without regard to age, was
potent factor with the jury in his con-
viction.
But the law knows no conditions; all
receive equal recognition in courts Of
Justice and only be convicted when the
evidence so declares.
For the above reasons a new trial is
awarded in this case and it is 80 or
dered.
ORAL REMARKS.
In addition to the written opinion as
delivered, Judge Smith interpolated q
few oral remarks in regard to one or two
points in application of what he had
written. One Of these was in regard to
the hypothetical question submitted by
the prosecution. He said he was very
much astonished that the defense had
made no objection to it at the time of
its offer, because he believed it was not
In accordance with the facts; but as
there was no objection he allowed it to
90 in.
TUFTS PILLS inyigorate body and mind.