New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-28
DIR. PULLMAN S TESTIMONY.


DIR. PULLMAN TESTIMONY.
FREQUENT CONTROVERSIES BETWEEN DR. osuI-
LIvAN AND MR. BROOKE.
The main incidents in the trial of Mrs. Flem-
ing. which was resumed yesterday in General
Sessions. Part III. the repeated controversies
between DR.. O'Sullivan. who is the medico-legai
expert for the prosecution and Charles W.
Brooke. the senior counsel for the defence. These
lawyers were formerly partners, and It was
especially noticeable yesterday in their positions
IN this case as opposing counsel that there was
an intensity Of rivalry that at times was the
verge OF acrimony.
Just before the Court adjourned on Tuesday
evening DR.. O'Sullivan vigorously endeavored
to obtsir the dying statement Of Mrs. Bliss. as
given to Or. 2u;;r,aa. admitted evidence. In
the Usual course of legal procedure IN capital
casen this would have been impossible. DR..
O'sullivan. however. under the plea that 1t was
necessary to introduce Mrs. Bsss description
OF her condition and her own views as to the
cause Of her illness, endeavored to get the
dying woman's declaration on record. dag
nosis. he contended was made up Of subjective
and objective symptoms. and in estimating
the former II was necessary to question the
patient. he demanded the right to ask DR.. Bull
man to tell him every word of what had passed
between him and Mrs Bliss relative to her sick
ness For the Court to have agreed to this
contention would have been tantamount to al
lowing formal testimony If the denunciation
Of her daughter which Mrs. Bliss made shortly
before her death. Both counsel were fully alive
10 the fact. DR.. O'Sullivan well understood the
support the case for the prosecution would
ceive II he could obtain the admission Of such
evidence. while Mr.. Brooke was equally aware OF
the damage his client would sustain II the words
went on the record OF the trial Accordingly. on
Tuesday evening both counsel fought with all
the weapons that experience and knowledge Of
legal practice have furnished them In the end
Mr. Brooke succeeded in sustaining his argument
RETURNS TO THE ATTACK.
Nothing daunted however. DR.. OSullivan re-
turned TO the attack yesterday morning and al
though he was time after time beaten by Mr..
Brooke or the points OF law the latter raised,
the prosecuting attorney succeeded in getting Dr.
Bullmaa to repeat to the letter all that the de.
ceased woman had said to him on the night that
she died. II Is true that on Mr.. Brookes applI-
aton the evidence was stricken from the record
but the words had, nevertheless. been impressed
on the minds OF the Jurors The strife thus en-
gendered at the outset was at frequent intervals
continued throughout the whole OF yesterdays
hearing. So keenly fought were these contentious
that at times 1t seemed almost equivalent to the
splitting OF hairs. and no small amount Of the
days sitting was consumed thereby.
Despite the IA IT that considerable publicity has
been given to the determination Of Recorder Goff
not to allow people with no interest to serve be-
yond that Of mere curiosity to enter the court.
there vas as great a crowd yesterday morning
lc,f-- H..
entrance doors however were guarded by an effl-
Client staff of officers and the credentials Of all
strangers were closely scrutinlzed before they
were passed into the precincts Of the courtroom.
Notwithstanding these precautions, however. the
court was again crowded
DR. PULLMAN ON THE STAND.
DR.. Bullman. who attended Mrs. Bliss in her
fatal Illness was the stand the entire day. and
the result Of an exhaustive examination was an
unshaken conclusion in the witnesses mind that
the death Of the defendants mother was caused
by irritant poison
Mrs Fleming was again accompanied In court
by her half-sister Miss Florence Bliss. both Of
whom we're dressed in deep mourning, relieved
only by punches Of small white tuberoses.
When Dr. William F. Bullman resumed his
seat on the stand. upon Il e reassembng Of the
Court, DR.. O'Sullivan Immediately made mani
fest his intention OF returning to the point ap-
parently settled on the evening before. regarding
the last words Of Mrs Bliss. His very first ques-
ton was significant "Dii you." he inquired.
TASK Mrs Bliss what she had been eating?"
to which the witness applied in the affirmative.
What did she say?"
"She said she had been eating clam chowder.
that she poisoned and was going to die
Mk. BROOKE OBJECTS
4 object" shouted Mr. Brooke. and object he
did strenuousy
when the witness replied that she had eaten
clam chowder. that enough Everything
else that the woman said was mere apprehension
and suspicion. and as such Is not entitled to go on
record"
DR.. OSul'ivan contended that the words were
not mer. apprehension but statement OF symp-
toms, and proceeding to give his reasons
when Mr. Brooke interrupted with the remark:
"Th, difficulty is that my friend is going on too
rapidly" TO which DR.. O'Sullivan retorted. i
have to. to keep pace with you
Mr.. Brooke then charged the prosecution with
trying to get at a dying declaration through an
indirect channel. DR.. OSulliy an. turning quick
ly to the defendants senior counsel. said In
loud tone: IL am not trying to do anything In
directly am simply trying to get state
ment OF facts regarding Or. Bullmans diagnosis
and the way he arrived at it,
Counsel for the defendant persisted In his OBJ
lection and asked that the words to which he
had taken exception should be stricken out Of
the record.
The Recorder said he was not deslrous OF strk-
ing out the words absolutely at the moment, but
II he found that they were not connected with
competent evidence later on he would instruct
the jury to pay no attention to them.
..I ask for formal exception now." Mr.. Brooke
said
We'll I will ask the District-Attorney to say
now II he intends later to connect that statement
with competent evidence" the Recorder re-
marked.