The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-09
Judge srmonds-We should like to be

lOIS d UGCJS1OD is ulduS.
Mr.. True-Your honor. we offer the
dying declaration and ask ruling on
it now.
| Judge Bonuey said he should like to
review Mrs. Pink ham's testimony, which,
| with DR.. Nickerson's was claimed to
show that the girl was IN immediate
fear of impending death, all hope having
| Eeen given up.
The iurv were sent out while this
question was being examined. The testi-
mony having been examined, Attorney
General Powers presented the view of the
government. Of course, he said, the
State admitted that it must be shown
that the one making the declaration
must be in fear of immediate. impend-
| ing death, But this might be shown by
circumstances as well as by statement.
| The circumstances were these: about
| 2 O'Clock on that day she was Informed
by Mrs. pjpkham that the doctors had
said that she was liable not to live until
night Thereupon she broke out into
sobs and cries, which she kept up until
bout the time DR.. Nickerson arrived.
1t also appears that she, being Catho-
lie. sent for priest. Now those are the
| facts which tend to show the girls
opinion of her own condition. And this
state of the patients feeling may be
shown as well by these circum stances as
| by the positive statement on her part
| that she was WiGuouG uUpo VI Aifi 3.
| Indeed, in her position, away from rela-
| tfves and friends, her feelings would be
more apt to be shown by such outside
| circumstances than by positive declara-
| ton. Now the government claims That
the facts shown by the testimony of Mrs.
Pinkham and DR.. Nickerson show the
patient to have been in that hopeless
condition which gives the weight of a
| dyings eclaration to what she said.
they were dealing with an exceptional
class of testimony, allowed only in cases
| of homicide-the introduction OF the
statement of dying person, whose test
| timony is not given under oath in the
| presence of the accused and liable to ex-
animation by cross questioning. such
testimony can only be admitted when 1t
is positively known that a sense Of
immediate, impending death, WltnonG
any hope of recovery is present with the
| one making the declaration. In this
case the court must he satisfied beyond
a reasonable doubt. that the proper con.
ditions existed. But the testimony OF
l>Dr. Nickerson shows that ne alo ho0
| consider his patient in immediate dan
ger of death. She WAS a girl of twenty
| five years, and was she TO give up all
| hone on the mere sraf emant of the board
| ing house mistress that physician had
| said that she might not live until nlghr?
The girl did not say that she was without
hope. The last thing that leaves the
| human mind is hope. l submit that
the evidence is not such as to show the
utter despair of life needed to qualify
| dying declaration.
Judge Bonney-I think shall not let
the State put in those declarations.
The fear of Immediate impending death
must be expressed at the time the dec
laration is made Such is not the case
| here.
After a short recess the jury then re-
turned and DR.. Nickerson resumed the
stand, Judge Symonds beginning the
cross examination. Witness recounted
again the condition in which he found
| his patient. 1t seemed to he the inten-
| ton of the defense by its line of ques-
tioning to show trouble with the
kidneys. witness admitted that condt-
tion which he found might cause
uraemia, and that there was no direct
| connection between an abortion and
uraemia. The state of the kidneys was
the same as would be found in state
of acute Brght's disease. Witness did
mot decide that she had peritonitis I'M
! til 8. 30 Wednesday. Did you not tell
DR.. q rdon when you went to see him
W ednesday that you did not know what
| allied the girl?
| No, sir, not unqualifedly.
The examination then turned on the
symptoms of peritonitis, the defense
evidently laboring to show that there
was no peritonitis at all, or at least not
until short time before the death of
the girl.
Witness admitted that at the autopsy
there was nothing observed by him to
show whether the abortion was accident
al or procured. Severe cold, or fall or a
| jar, or even extreme stress OF mind IN
! woman Of high nervous temperament
! i&,oa of
| state whether acute disease of the kidneys
would produce abortion. The discoora-
/ ton of the skin of the girl after death
was from the bile and did not indicate
An uraemic condition. Catarrh OF the
bile ducts of the liver caused the color
Coroner Eben N. Perry, of Portland,
testified that he presided over the in
quest on the body of Mary Il. Dunn. On
the day he was called to the case be re-
ceived from DR.. Nickerson pasteboard
BOX CONTAINING ONE PILL
and portion of another. These pills he
handed to City Marshal Tricky.
Henry S. Tricky, city marshal of Port
land, rem EN- bered Friday, Nov. 9Th last,
and also the eeath of Mary B. Dunn,
| which occurred earlier. He received in
structions on Friday from County At
torny True to arrest DR.. John B. Hughes.
In the forenoon he instructed the day
force of police to shadow DR.. Hugh es
and arrest him if he attempted to leave
town. In the afternoon, having pro-
cured warrant, witness went With
Deputy Marshal Sterling to DR.. Hughes's
house. They found Deputy Marshal
Hartnett already there, and while he
guarded the entrances to the house, wit
ness and Deputy Marshal Sterling
searched the house. Mr.. Hughes was not
| found, and the search of his office was
| equally unproductive. All the trains
were watched, and circular bearing his
picture WAS sent to the police of all the
| important places. A bout seven O'Clock
| Sunday evening DIR. Hughes came to the
police station and gave himself up.
Then with Deputy Marshal Sterling the
| witness had a conversation with DR..
Hughes. No threats or promises were
| held out to the doctor.
AS County Attorney True was proceed
| ing to examine the witness as to this
con versation Judge Symonds asked the
| privilege of cross examining moment.
| This being granted he asked the witness
whether DIR. Hughes at tho time of the
| conversation, was under arrest. Witness
replied that he was. When witness was
asked whether or not DR.. Hughes ex-