New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-23

&ative manner, and with such sequence oil con-
nected details. that the jury, il was easi'y Cd
servable. were deeply impressed on al SIDES ana
on the part of all people with experience or cri'H-
inal procedure AMI criminal trials who nave al
tended the court during this trial it Is unhestatins
" conceded that the twelve Jurors who have been
selected 10 pass upon the evidence IN this case nave
never been surpassed IN this or any other country
for comprehensive intellect. refinement and aoilltY
With that perspicul.y for which ne IS renowned
Mr.. Brooke fully grasped the truth that such jury
would easily he caught 10y mere captrap.
and consequently he presented his arguments to
them N such unpretentious unclouded but yet
scholarly style. that they could not fail TO carry
certain percentage OF conviction.
On the other hand. Mr.. Mcintyre. although his
address contained much thai damaging to the
defendant and many points Of evdeace thar the de-
fence has never made pretenre at explaining,
omitted 10 make due allowance for the caibre Of tho
men to whom he was speaking. Following his Gus
tomary extravagance OF tone and gesture, Mr. Nc
Intyre after the first half-hour fell completely ont
Of touch with the hearers toward whom HIS efforts
directed.
WHAT THE ADDRESSES SHOWED
BY deduction from the two addresses OF counsel
YESTERDAY the issue that is 10 be presented tho
Jury. Is extremely simple 1t was apparen; that tho
issue upon which the twelve jurymcp would be
called 10 render decision Is no; whether Mrs. Elem
iny~s hands wee stained with her mothers blood.
expert. was truthful and credible witness BY
far the greater part Of NJ Brookes address ycs,er
day devoted 20 attacking DR.. Scheele, and in
like proportion M Mcintyre conserved his argu-
ments 20 defending he character OF the expert and
the methods he employed IN Ms analysis.
During Nh Br0okes address. Mrs Fleming sew
era times gave way to t,ars. Particularly marked
was her emotion when her counsel in referring 20
the contents Of her letters Ferdinand W!ickes.
described them as enanating from weak and NOR
ally deficient woman. but possessing evidence -
a nature bent on matItcide. throughout the many
denunc.atory periods that M. Mcintyre hurled
against the defendant. she sat hnmovabe and
neither by sign nor expression allowed the state Of
her feelings - come to the surface.
4 CROWD IN THE CORRIDORS
Possibly the knowledge that yesterday was likely
to be the last day Of the trial caused great crowd
OF people to throrg round the to the court
Long before the doors opened YESTERDAY morn
ing the corridors filled with curious people
ious 10 obtain admttance. and so persistent were
their efforts that eventually the main entrance was
permanently closed. and persons having business IN
the court compelled 10 the private entrance
that is usually reserved for judge and Jury.
Mr. Brooke began his summing up at ten minute >
after 10 O'Clock by defining the duties Of the jury
of the prosecution aAd OF the court. From this
point the peader dived directly into tho evidence.
and remarked al the outset mat in such serious
crime IT devolved upon the Dstrct-Attorney to
present a perfect anu urplOhtN chaN or c!FCulH-
s;artal ev.dcrce that must he absolutely con-
vincing.
Then Mr. Brooke proceeded TO review the evidence
IN detail relating 10 the delivery OF the clam
cho,yder 10 Mrs Fleming from the Kitchen OF tho
Colonial Hotel He described minutely the arrange
,rents in force in the hotel for the supplying OF
meals 10 guests in their own rooms. He FOLLOWED
Tho course of the chowder from about II o'clock II
tho morning when II taken 20 the defendant:
room. until five or six hours later when according
20 tho evidence of little "Flossie" King. it sen
10 Mrs Bliss lie said the prosecution wished e
show that this clam choHder on the heavy. sutry
aay OF August 30 remained in Mrs Flemins's room
for five or six hours
Mr. Brooke pointed out that the only evidence a
.o tho contents OF the pail which 1t was admittc
tho defendant sent by her daughter, Oracle 20 Mrs
Miss xas the evidence OF the little girl King, VIII
xod that Oracle tripped the stairs and upset som
=, ~. contents Flossic King said that Oracle pm
her finger In the spilled liquid and after smelling
RENTED oh. it's clam chowder"' But Mr. Brook
.couted the idea that the child was content VIII
.ueiIinc the chowder only Ii was according 10 a
tho probabilities instincts and habits Of CHILDHOOD
that after putting her finger in the spilled chowde
abe would taste t. Mr.. Brooke dwelt with specis
force on this hypothesis The reason why he lingei
ed on this phase Of the case became apparent whe
he declared that II tho analytical examination mad
by Dr. Schee;e correct the sucking OF ne
finger after dipping 1t In the chowder would hav
been sufficient TO cause death. There was he added
according to Dr. scheeles report. enough arsenic I