The morning call., 1894-02-16

files into court, but only to hear portion
of Mrs. Vests testimony read over to
!. them by the shorthand reporter. And so
E. ON, until Judge Wallace animated that he
would give the jury until 10 o'clock this
morning to come TO adecisiOn.
- The courtroom and gallery were posi-
lively packed with spectators when the
hour approached for the delivery of Judge
Wailace's charge to the jury, Two or
three prominent lawyers were present,
among. whom was General Barnes, who as
!: father OF the District Attorney took keen in.
terestiu the proceedings.
Judge Wallace came into court bearing a
voluminOus roll of manuscript in his hand,
from which he proceeded to instruct The jury.
He announced that before delivering special
Instructions he world state that certain matters
had been introduced during The progress of the
trial Which the jury must set aside, as being
neither OF The law nor OF the evidence. "by
which. gentlemen, you have sworn 10 be gov
erned.n
The jury was instructed that the criminal
operation with which DR.. West was charged
was IN Itself afeiony, even if The subject shou Id
survive. In case of death the crime was en-
larged 10 murder in the second degree, neither
more nor less. An attack had been made by
lie defenSe on the WlSdom and policy OF a law
that denounced this crime. but il that were So
and such an otfeDse were condOned, there would
be no protection against crimes of violence
The law cannot confess Its OWL failure. nor
surrender TO; crime. y on must nor consider the
propriety OF this law, but yield implicit Obedi-
eDce 10 its Commands
Referring: to the exclusion OF DR.. JohnSon's
testimony, ii was TO be understood that The
court had excluded ii on its own motion, on the
ground that such testimony was barred as
privileges. Z. Counsel FOR the defense had taken
the opportunity OF Informing the. jury Of what
Dr. JohnSop's testimony would have been. or
10. SPEAK more correctly, might have been
Such Statements as these nluSi be discarded as
no one could possibly gauge their truth Some
exception had been taken by.counsel for the
defense TO that part of the District Attorneys
reply in which he gave his reasons for the nom
appearance on The Wltness-stand of the de
fendant. The court had allowed this at the
time only, as only far, NT. Barnes naturally
desiring to put the statements of counsel for
the defense in another light.
= But, referring back 70 the exclusion of Dr.
slohnson'S testimony, Judge Wallace said IL
was not 10 be supposed that counsel actually
believed that such evidence could be admitted
j.: as TO thus suppose would be to cast an fmputa-
): ton UPON coAnsel's learning which was moi de-
d. served Why. said the Judget''if such evi-
dence as tliis Were adEstJted. there would be
: nOtblng 10: stop attofueys:I from revealing on
the witness stand the condolences of their
them in the confesslonal-,':> :
The Judge then read q number OF fnstruc-
lions at the request Of the counsel for the oe
tense: mong these the PRINCIPAL suggestion
). was 10 Inc elect that the mere dissection of a
body did not in itself constitute a crime
y he counts we're fwelty-seVen in number. mn
The court refused three or four as stated, sub.
: shutting others. 3. -
- In bis direct charge Judge Wallace in.
!; structed the jury that they must Judge nor nv
the number OF copeu:ring witnesses, but BY
The intrinsic value of the evidence itself. The
prisoners presumed innocence ana the yalpe
OF clrcumstantial evidence were then touched
upon and the jury cautioned not 10 disbeIieye
as jurors what they believed as men.
The fact that DR.. West did not take the stand
must certainly not be taken to his preiudice
and certain. statements concerning this had
been made by counsel for the defense which
had never before been heard In court AsIo
the alleged concealment of the body it would
be for the jury 10 decide whether or not DR.
West had turned the body over 10 students or
had dissected III presumably for the purposes
e. tO of conceameDt.
The prosecution has claimed that the fact of
9 concealment has showed antecedent commits.
sion OF crime, aud certainly where pbysi-
clan has IN charge the dead body OF a patient
who has died Under lawful treatment there
could be no possible motive for such conceal
ment. With few further instructions Judge