The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1897-09-18
OVERRULED BY COURT
Luetgert's Attorney Would EIimi-
nate Expert Testimony.
DIR. DORSEY REMAINS UNSHAKEN.

In Positive Language He Again Declares
the Various Bones Introduced in Evi-
, dence by the state Are Human-CIaims
Made by the Defense--The Prisoner at
the bar Shows Evidence of the Strain He
Is Under-Interest Unabated.
Chicago, Sept 1S.-After finishing the
cross examination Of DR.. George a.
Dorsey Friday the defense i'm the Luet-
CERT case moved that all the expert tes-
timony the state had presented to show
that the bones found at the factory are
human be stricken out. Judge Tuthill
instantly overruled the motion. This
move on the part of the defense was
in a way perfunctionary, but had its
value in permitting Attorney Vincent to
lay before the jury at this time the
proposition that the evidence is mainly
guesswork, and, what is more impor-
tant, that the breaking of the temporal
bone when sawed in twain by Drs. Dor
sey and Pierce destroyed its Identify
ing characteristics before the experts of
the defense had a chance to examine
it and overthrow the states theory. At
torney Vincent objected vigorously TO
the testimony given by Drs. Dorsey and
Pierce and Professors Haines, Gibson
and Delafontaine and moved that it all
De excluded from the records.
Delafontaine's Opinion Eliminated.
Judge Tuthill at first entered a sweep
ing denial to the request, but later con-
ceded that the opinion expressed by
Professor Delafontaine that the bones
are human should be eliminated from
the official report of the testimony. TIE
states attorney offered no objections
as he expressly stated at the tins Pro-
fesSOr Delafontaine was on the stand
that the witness was not an expert in
anatomy. The defense claims that DR..
Dorsey had the wrong bone in mir d
Thursday when he described the char
acteristics of the phalange of the toe
and compared them with the bone l.
evidence, which he said was from hu-
man foot. Attorney Vincent mad this
statement to Judge Tuthill on the bench
Friday while Dorsey was on the $ and,
and a hot dialogue resulted. Judge
Tuthill came to the defense Of the Wit
ness and declared that he (the COURT
had a clear idea Of the bone DR.. Dor
sey was describing and was positive no
mistake had been made. The comm n
aroused Attorney Vincent's displeasure
and he filed several patches Cf eXcep-
tions to the courts remarks.
Dorsey the Center of Attraction.
During the cross-examination of DR..
Dorsey Attorney Vincent, addressing <
the court. accused the witness IF beir z
too anxious to bolster up the staty 5
case. Judge Tuthill again came 10 the
witness defense and said the remark
was not justified DR.. Dorsey was
again the center Of setraction in the
proceedings Friday. He was on the
stand an hour and a half and success
fully warded off all the wiles and stratc
gems of the cross-examiner. In positive
language and with all the confidence OF
a man absolutely sure of his ground.
he again declared the various bones
identified are human and gave his rea~
sons for his belief Attorney Vincert
and DR.. Dorsey were i'm court early Fri
day and had fully five minutes to study
each other before court began. The
young scientist who proved such why
customer on cross examination Thurs
day appeared none the worse for his
long and trying experience on the racl,.
His eyes were as bright and defiant rs
ever and he seemed ready 10 challenge
anybody the defense might pit against
him.
Antagonists shake Hands.
Mr.. Vincent looked fatigued and drow-
sy, but recuperated when the proceed
ings were resumed, and returned to the
charge with most of his original en-
ergy. Still the confidence of the ready
witness did not contribute much to the