New-York tribune., 1896-06-06


learned that he was consulted by the late Coroner
. Meagher on September 3. 1885 Mr. Brooke
dwelt for some time In these seeming discrep-
ancles IN the witnesss answers, and pressed DR..
Scheele closely as 10 his want Of accuracy upon
these details. Several exchanges in words OF a
more or less acrimonious character took place be-
tween Mr.. Brooke and Dr. OSulivan al this
time. until at last Recorder Goff said that he was
determined that chickering's between counsel must
cease. and that unless this was done he would
be constrained 10 take some active measures
toward putting stop to such exhibitions
Upon the resumption Of the cross examination
after recess DIR. Scheele. replying to Mr.. Brooke,
said he had not weighed the last vomit OF Mrs
Bliss. nor had he weighed any part OF It. The an
swer was evidently at variance with statement
In the witnesses report to the Coroner Mr..
Brooke handing report to the witness asked
him II he recognized 1t as copy OF the report he
MAGE mace Tor Coroner OMeagher on December 6.
1890. Dr. Scheele after gancing at the paper,
said he was not able to say offhand II the copy
was n correct one. The Recorder interposed with
a remark that he afra id that II was impossible
for the witness t. identify the report unless the
latter read 1t right through" and the Recorder
thought such a course would be imposing upon the
time Of the court
Then demand that the original copy be
produced" said Mr. Brooke. '1 have made the
same demand before. but II has not been
piled with by the prosecutions notwithstanding
that Coroner's Officer Malone has sworn that he
had handed II to the officials Of the District-A-
tion OF that documen; from Mr. Miller"
DR.. O'Sullivan objected and said Mr. Brooke
had made similar demand in the Meyer trial
and the Judges ruling was that II was not incum-
bent upon the people to supply the defence with
evidence Dr. O'sullivan was also understood to
BAY that the District-Attorney had not tho docu-
ment In his possession
ANOTHER BATTLE BETWEEN COUNSEL.
The objection seemed to anger Mr.. Brooke, and
for more than half hour a etoutly contested
legal battle between the opposing counsel took
place Mr. Brooke. IN his efforts to trace the origi-
nal document. called Dr. OSullivan and Mr. Mil
Ter to the stand. and then wished to have himself
sworn. With Your Honor's permission" Mr..
Brooke began, Il will prove the D.strict-Attorney
has this report. Mr.. Miller. will you take the
stand"
Mr.. Brooke's request was heard with surprise
by every one IN court and by none more than
ny Mr. Miller. For few seconds Mr.. Miller
uncertain as TO whether he should obey or not. but
after a hurried consultation with Mr. Mcintyre he
Went the stand and was examined by Mr..
Brooke
an Miller you are associated With the Ds. ;:
Qz-1 ask YOU, have you received report made BY
Dr. Scheeie from the Coroner's offlce? Al have no
report In my possession.
Al did receive something purporting TO be report
Q-Wherc IS that report now? Al don't know;
Q-what did you DO with 1t? Al gave It to Or.
DR. OsULLIvAN ON THE STAND.
Then let DR.. O'Sullivan take the stand" ex-
claimed Mr.. Brooke. DR.. O'Sullivan Jumped
Immediately to his feet and FASTENED to the wit
ness chair.
M tel ths u,t havs the
o@rhe paper sT' refer to is he report made by Dr
oMeashsr @G and shen given 10 II.
A.-Wen. have that report. but / shal. not sur
render It until ordered by the Court to do So
long argument took place between the op
posing counsel and the Recorder. and eventually
al
ing the proper steps before the opening OF the
trial in serving the prosecution with notice 10
produce the document had been guilty or what
is legally known at laches. and that he could not
now deman nd the report The Recorder ordered
that IT should be given into the custody OF the
clerk OF the court
DIR. sCHEELE RECALLED.
Dr. Scheele resumed his seat on the stand. and
Mr. Brooke at once endeavored 10 get the wit
ness 10 admit that the copy he possessed was
made directly from hls-Dr scheeie's-originai
report.
Q-Did you give 10 Mr.. Brooke your r.port writ
ten in your own handwriting when Mr. Brooke
0~Did you give to Mr. Brooke any report pnr.
porting to be hs orislna nannsoT;p' n your VIKING
o ask yOg again II % yon DID mot give ms.gnx gonT
myself 10 copy? $50. DID not. You came 10
my Office and begged and prdyed Tor me paper ahr
when You happened TO see II lying on my heSN' you
Dr scheele's assertion va. heard with some
surprise and although Mr. Brooke pressed the
witness with numerous questions as 20 whether
ne had not voluntarily surrendered the report
DR. Srheele persisted IN saying ihat ih- orlgiHa.
report was obtained BY Mr. Brooke from him In
an Irregular manner.
your Honor" a. length exclaimed MI BrooKr
I'm anger II want 10 be sworn now and t. give
my version Of this incident and of this witnesses
statements from the witness chair
NOT ALLOWED TO TESTIFY.
The Recorder however; refused 10 permit MT
Brooke to carry out his resolve, and added that
II APPEARED 10 him that the matter before the
Court for the preceding two hours had been the
authenticity of DR. Scheele's report and the Wit
ness's veracity and not the issue set out In the
Indictment.
The incident then ended. and Mr.. Brooke con
tlnued mis- cross examination on the processes
employed by DR.. Schcele in his tests until soon
after 1 O'Clock when he burst upon the witness
and the prosecution the startling development
already fully described
The trial vii be continued on Monday morn
| ing at 030 o'clock
NATY 0RDERC