The Portland daily press., 1894-11-17

complete and technical description of the
disclosures of this autopsy. His con-
clusion was that the woman had suffered
from septic peritonitis. dying of blood
poisoning ensuing upon an abortion.
DIR. Thompson was then cross questioned
by Judge Symonds at some length in
citation to the existence of a small
fibroid tumor, of an acute congestion of
the kidneys, and of certain blood clots
found in the heart. Then Judge Sy-
monds saked:
Did you discover anything to satisfy
you as to whether such abortion was
procured or was from an accident?"
u did not.n
So, SO far as anything which you
brought about by natural or accidental
cause?
at might"
"Did you discover any sign of the use
of Instruments"
"I did not, butt
@That will do, it answers the question.
II there had been anything to show that
the abortion had been made by mechanic
cal means, could you have determined
how long before death the operation had
been performed.
DR.. Thompson replied that there was
much variation in such cases. In this
case there was nothing to show more
than that the abortion had occurred re-
Gently.
Mrs, Susan N Pinkham of 81 Brown
street was called, and testified that Sat-
urday, Nov Sd, she let room to nice
appearing girl of 26. She was accompan-
led by a young man. The young woman
had valise with her, and later had other
baggage come. The young man took
meals with her on Sunday. The wom-
ans name was Mary Dunn. On Sunday
she went out of the house for time.
Monday she did not come to her meals.
On Tuesday morning witness was told
that the young woman was sick, and
went to her room. There she found that
Mary Dunn was very sick and had
changed to a dark color. A physician
was boarding at the house, and was
sent TO see the girl. He did SO with
DR.. Dodge. The two physicians told
Mrs. Pinkham what they thought to be
the trouble. Tuesday afternoon about
2 O'Clock witness went to Mary Dunn's
room and asked her to give the names
of some Of her folks, as it was desirable
that her mother or others should be sent
for.
Then the witness told the sick girl the
conclusion to which the doctors had
arrived. and frankly informed her that
she was liable not to live until night.
what effect did that have on her?"
asked Mr.. True.
at
CHANGED HER THOUGHTS"
"What did she dor"
"She cried and moaned, and asked me
to send for the priest"
Witness then related how the city ply
stefan was sent for. When DR.. Nicker
son arrived she had conversation with
him down stairs, and ACCOMPANIED him
to Mary Dunn room. There she over
heard his conversation with Mary Dunn.
1t was at this point that the real legal
battle began, for here Judge Symonds OBJ
jecued vigorously to the severe and ex-
ceptionaln. methods of the government.
The use of dying declarations in case of
homicide was absolutely exceptional.
The confusion. dilirium of mind of the
patient could not be ascertained.
4 ny -. - H.
could not be examined as we examine in
court other testimony. The dying
declaration must be made under the i'm
mediate apprehension of certain death,
when no hope remained to the dying one.
Unless it can be shown that these declar-
ations were made under such c1rcum'
stances, this evidence cannot be admit
ted. The belief in approaching death
must be without hope
Judge Symonds here read decisions to
show the careful, almost superstitious
pains which the courts use in England
and America in regard to admitting such
ante-mortem statements.
Unless the government could show
stronger statements than had been in
troduced so far, could the court find be-
yond reasonable doubt that all hope had
been extinguished in the mind of the
patient, and therefore this very periious
evidence should not be- admitted
MIR. True replied to this by saying that
two physicians having pronounced upon
the case, and the girl having sent for a
priest, there was good ground for believ-
ing that the patient believed death i'm
pending. If there ever was case where
dying declarations should he admitted it
is in cases OF this kind. Common sense
should not be thrown aside. 1t is well
known that in cases of this kind the
ONLY POSSIBLE TESTIMONY
must.be either from the one who per-
forms the operation, or from the one
upon.whom it is performed 1t being
evident how narrow is the opportunity
for proof, the dying declaration is in
such a case all important. The exami-
no+;on of ,nanv caSes w hare t1rinc, 5eo1.x.