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

o.
question of possibility; it is question
! of direct opinion.
The Court-Well, it seems to me all Of
these questions are improper, but
have admitted them. The question Is
what, in his opinion, after hearing all
of the testimony connected with this
matter, produced the fractures of the
skull as described. 1 will allow him to
answer the questionable as liberal as
l can.
Q. dast question read to the wit
ness.) A. L am under the impression
she did not
Q. If the woman was in the posi-
tion described by the hypothetical ques-
ton, and the shot was delivered as
described by the hypothetical question
from a revolver of 3S-caliber with extra
long cartridges, as described in the
hypothetical question, and she thereby
received the wound described by the
hypothetical question, what in your
opinion, would have been the effect
upon her as to jerking herself back in
the buggy, or what would be the nat
ural and probable effect of such a
wound under such circumstances?
MIR. NYE OBJECTED
to the question and the court observed
that the witness had not shown him
self competent to testify in that par
ticular. Mr.. Erwin then went into the
doctors experience with persons who
had been killed by gunshot wounds,
after which he renewed his hypothet-
ical question. Mr.. Nye was ready with
his objection, which Judge Smith sus-
tanned, remarking that he did not
think it was a matter of expert testi-
mony.
Doctor" asked Mr.. Erwin, "was
this wound necessarily a fatal wound,
this wound of the pistol ball?" A. L
think so, if l perceive a correct de-
Scription of it.
Q. Was it wound which ordinarily
would produce death Immediately? A.
l have an opinion on the subject, but
l don't know whether l am competent
to state it or not.
@. Well, unless they object to it, L
think you are. A. / think it is not a
wound that would necessarily kill i'm
mediately, not instantly.
Q. What effect would it have upon
the nervous and muscular systems, so
far as producing powerlessness or par
tial paralysis? A. 1 don't think L
have an opinion to express upon that
subject.
Cross-eXamination by Mr.. Nye.
O.. Doctor, is it a fact that the
skulls of women are more brittle than
those of men? A. l am rather of the
opinion that they are. The plates are
thinner.
@. Do you think that the entrance
of the bullet into this portion of the
rear of the skull by expansion or COM
preston of any kind, might have
caused those fractures, which you say
are almost in a line with the bullet?
A. That was the first theory which
presented itself to me, but 1 have
since had some skepticism on the SUBJ
ject
Q. Well, you are not entirely set
tied in your opinion on that, are you?
A. l don't know what caused the
fracture.
O. Well, in your opinion, might not
that be possible? A. Barely possible,
barely possible-not at all probable.
@. Well, now, as to the question of
the body, where it might strike and
what the effect might be, you give an
opinion just the same as a non-pro-
fessional on that question, do you not?
A. No, sir, 1 think not. If the exact
condition in which the body fell was
given, l could then tell the effect of it.
Q. But you were not there to see
the exact position? A. No, sir.
Q. If I hold an apple in my hand
ten feet from the floor and let it fall,
you cannot tell me, before 1 let it fall.
just the effects of the fall, or the way
it will fall, or the extent of the bruises
that will be on it? A. No, sir.
DIR. HANCE,
another army surgeon, was next ex-
amined by Mr.. Smith. Before the doc
tor was permitted to testify, Mr.. Hall
tested his fitness as an expert witness.
Q. Doctor, have you ever been pres
ent and seen a person shot in exactly
the same place as this woman was,
with the bullet traversing the same
portions of the head and fracturing the
same bones, and with the person sit
ting IN the same position as this body
was? A. No, sir.
O. Have you ever seen any head shot
through and witnessed the action of
the person shot after the shot in such
a character as this? A A similar
Il
Q. Traversing the same portion OF
the brain? A. Passing directly through
the Uranium and the brain.
@. Well, the motor nerves are diff
ferently situated in the brain; they are
not all in the same place, are they? A.
Certainly not
O.. Well, would not the track of the
bullet through the brain determine all
nerves? A. Very much sir.
Q. Then, if you had not seen bullet
traversing the brain through the same
track as this, are you able to tell the
same effect upon the body? A. Only
with my individual opinion, sir.
Q. Then, that is an opinion not based
upon any observations, but theory1
A. Partly upon both.
Mr.. Hall submit it.
The Court-The objection is sus.
tanned.
Mr.. Smith-An exception, please.
Mr.. Erwin-What is the objection?
Mr. Hall-Not competent and no prop
er foundation laid.
Determination by Mr.. Smith)
Q. L will ask you further, doctor,
whether you have seen the effect-never
mllu ABOUT Inc Ddll gong anywhere
except through the base of the BRAIN
but whether you have noticed the effect
of ball passing substantially through
the same point as it passed through the
brain of Miss Cling? A. Yes, sir.
Q. We don't care where the ball was,
but only the effect of it passing through
the brain at the same point it went
through Miss Ging's brain? Ayes, sir.
@. Can you testify from observa-
tion as a physician and surgeon as to
the result upon the muscular and nerv-
Gus systems of the human body? A.
That is the same question shall
answer it?
Mr.. Nye-The same objection.
The Court - The objection is over
ruled
A Instantaneous relaxation of the
entire muscular system.
Q. Answer yes or no whether you
have from your observation? A. i
said I had.
Q. Now, I will ask you the further
question, what the effect is?
The Court-How extensive has been