St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-17


lion made by client to his attorney.
To settle the point as to whether her
employer was Blixt's attorney, Miss
case by Mr.. Nye.
i. think he was; yes, SIR"
Were these communications conf
dential?"
'I suppose they were"
81 want to ask a question" said the
court. How was this statement
given? Did the attorney ask for it?'
Yes, SIR he first had me write
down Statement of Clause A. Blixt,
then he asked questions, and If he
didn't want me to write it down, he
waved his hand until he heard it all. !"
Mr.. Nye. He was examining him as
his attorney, was he? A. Yes, sir.
The court The only question is
what was the intent of the legislature
in making that statute. The intention
was that the communication between
the client and his attorney should not
be disclosed unless he consented to it.
No question about the intent of the
legislature. So far as the stenog-
rapher is concerned connected with
the attorney, she is the agent of the at
torney, and it is the same as though it
was communicated to the attorney, in
my judgment, and the same rule
should apply.
Mr.. Erwin. I would like to produce
the authorities.
The court. If you have any authori-
ties to. change my views | would like
to see them. 1 think in the absence
of any authority 1 shall give that con-
struction, that is, provided Mr.. BliXt
objects to the testimony being given.
Mr.. Erwin. We will bring in ample
authority Monday morning.
The court. Very well, you can sus-
pend this testimony until Monday
morning.
Mr. Erwin. We will bring them in
on Monday morning. Miss Wachter
will be excused now.
DIR. CHARLES H. NORRED.
consulting surgeon of the soldiers
home, was called:
Mr.. Erwin-I suppose it will be nee
essary to read to this witness the tes-
timony of the matter of the fall, and
the testimony as to the fractures gen.
orally
Mr.. Nye-I don't see that that is
necessary.
Mr.. Erwin will state it then in the
form of hypothetical question.
Mr.. Smith, will ask you if you have
ever seen or examined the carriage be-
longing to Mr.. Goosman, of the Palace
livery stable, in which it is alleged
Miss Cling was murdered? A. / exam
ined the carriage that 1 was informed
was the carriage, in the Dime museum.
CMr. Erwin here asked a hypothetical
question covering description of Miss
Cling, the position of herself and BliXt
in the buggy at the time of the shoot
ing, description of her clothing, a de-
scription of the bullet wound and the
decorations and fractures other than
that of the bullet wound, a description
of the skull of the dead woman, and
the throwing of her out of the buggy,
the finding of the body, the condition
of the clothing when found, and q
statement that neither one of the
fractures connected with the perfora-
ton of the wound at. the base of the
brain, hut were entirely distinct from
that wound. During the asking of the
question the court interrupted at one
time by saying, You are getting TOO
much confused Just state the facts
as they appear from the testimony"
AT the conclusion of the testimony Mr..
Erwin asked:
Now, under these circumstances.
this state of facts as contained in this
question, in your opinion was it pos
sible that the fractures"
The court interrupted Mr. Erwin to
tell him that he had omitted to state
that the evidence did not show any
other external bruises. Mr.. Erwin sup
piled the omission and then asked for
an answer to his long question. Before
witness could answer Mr.. Nye inter-
posed an objection on the ground that
the whole thing was largely a question
of mechanics. The court thought so.
too, and added that the question was
somewhat leading. Mr.. Nye's objec-
ton was sustained and Mr.. Erwin
tried another tack
Q. Under the same state of facts
stated in the last hypothetical question,
l will ask you whether in your opinion,
the fractures and the decorations de-
scribed in the last question could have
been made by the fall out of the buggy?
Mr.. Nye-It seems to me that is very
much the same as the other.
The Court-Let him answer it, if he
can.
> A. 1t occurs to me that it is exceed
ingly improbable that all of those
wounds could have been made by a
single fall.
rnn fA,. fI,of
ion. A. Well, there are a great many
different points of attack; the head
would certainly have to be revolving
very rapidly to make so many wounds
in one fall, that was the first impress
sion that occurred to me; that was the
first impression that was made upon
my mind about it.
Q. You have the fall described in the
hypothetical question, you have seen
the buggy and have heard described the
fractures upon each side of the head;
you can therefore plainly understand
how much the body revolved OF was
possible for it to reVolve in that fall;
and taking the hypothetical case stated
by the hypothetical question, in your
opinion could these fractures and lacer-
ations other than the bullet wound
have been made by that fall described
in the hypothetical question, from that
buggy, as seen by yourself? A. Why,
1 say 1 think it rather improbable, so
many different wounds. I don't know
that / have any other reason in believ-
ing they were not all made at the
same time.
G. Do you believe that a fracture
upon the right and upon the left side
of the skull, as described in the hypo-
thetical question, could be made by
single blow or by falling upon a single
side?
Mr.. Nye-That is objected to as in
competent; irrelevant, immaterial and
calling for belief.
Mr.. Erwin mean his professional
belief or opinion.
The Court-The objection is over
ruled.
A. believe it could be done by
single blow.
@. Under what circumstances? A.
Well, if the Uranium had received
blow, for instance, on the other side,
the side of fracture here, you may pos
sibly, probably, if the individual is
alive, have a contra-coupe, or coun-
-, IL e f,a