The San Francisco call., 1897-08-13
Medical Expert Testimony Of
fered in the Figel Case
Yesterday.
Mailing Clerk Post Tells That Figel
Had a Pistol Like the One
Used.

disprove the theory of suicide. The ma
iority OF this evidence was extremely
technical.
w. S. Jones, a photographer, the first
witness, identified six photographs taken
by him from different angles OF the hole
in the wall IF the conversation room.
General Barnes objected to their intro
ductlon as evidence on The ground that
line appeared on the wall in the picture
which he claimed was not on the wall
itself H said: ''All sorts of trickery
can be carried on in photography by
one who knows how to manipulate the
camera" The objection was overruIed
and the pictures admitted.
The mailing clerk for Hoffman, Roth
child & Co., Clarence NJ. Post, was shown
the pictures taken at the Morgue and
identified them as likenesses of Mr.. Hoff-
man. In response to questions, he said:
"In the month OF May Theodore Figel
showed me a pistol similar to the one
found in the offices on the night of June l.
l had it in my hand and be explained its
action to me-
Mr. Ach handed him the pistol found
in the store and asked, "Was it like
tnlsi'
''Yes, it was nearly the size OF this one. "
did you ever have any conversation
with Mr.. Flgel in regard TO his having
killed anythingp
previously TO the time he showed me
the pistol he told me that he had killed
disabled horse. On June Detective
Whitaker showed me a pistol, and 1t was
exactly like tins one."
Did you recognize the pistol he showed
you as similar 10 the one Figel hadp'
II lott
pointed out some spots on it to me and
they looked like blood. Some of the spots
are still on it,"
The witness here directed the attention
OF the court to some dark spots on the
right side Of the revolver which appeared
10 be rust
DR.. Gallagher was next called and testi-
fed to msking an examination of the uead
body Of Hoffman. He said: There were
present at the autopsy Drs. Hawkins,
Morgan and Kahn, Chief of Police Lees
and Janitor Smith. l found certain
wounds, external marks on the face, nose
and chin and blood on them. l examined
the wounds and for convenience numbered
them l, and 3. No. was on the lett
che, k three inches from the lobe of the
left ear and an inch and half from the
angle OF the mouth. There were no
powde er marks visible ana the two days
growth of beard about the wound was not
singed. The bullet passed through the
cheek, fracturing the bones of the nose
and completely destroying the roof OF the
mouth. The bullet was found in the
stomach.
No. 2 was iacerated wound on the left
tenn pie, an eighth of an inch wide and
hall an inch long and was an inch and
half from the upper attachment OF the
ear. The hair around it was not burned.
No. 3 was two and half inches above the
nj, Il half in nj of I
The edges were bIackened and the hair
around it singed. Two abrasons were
found on the right side of the face, one
crescent shaped and the other square.
The left side of the face was little
swollen. Tue bullet which made No.
passed through the skull and injured the
brain. A portion of the bullet and some
pieces of sone were imb bedded in the brain.
No. 2 was made by the exit of part OF the
bullet causing No. 3. Death was caused
by shock and hemorrhage resulting from
the gunshot wounds just described.
"Would wound No. have produced un-
consciousness?
1T might"
Would IL have caused the party receiv-
ing 1t to fall?"
perhaps so."
You say The brain was injured. What
portion of the body does the injured part
control2'
"Tne lace and lips
The court-Is it possible that person
could have fired both of those shots into
his own head2
"He might, but it is not probable"
How near must this pistol be held 10
make powder mark?"
~ don't think, with black powder i'll the
cartridges 1T IS possible for one to hold 1t
far enough away from himself to prevent
powder marks. don't think the de-
ceased could have fired the shots"
"Coutd he have inflicted the wound
holding the pistol in his right hand ?'
1T is possible but it would have been
a very awkward position"
The witness then took the p stol and
showed how it must be held TO infict the
wounds with the right and left hands, it
being necessary in each instance to pull
the trigger with the thumb.
Pieces of the skull and the bullet were
handed to the witness, and after being
identified were offered as evidence.
DR.. Gallagher produced some photo.
graphs of experiments he had made with
pieces of human skin and explained
them. He had taken Il revolver like the
one found at the offices and fred it at the
pieces of skin from different distances.
At five, ten and twenty inches the dis
charge, both with smokeess and black
powder, left marks on the skin.
General Barnes conducted the cross
examination. He went into the educa-
ton of the doctor and found that he had
degree from Cooper Institute and that he
mad had considerable experience with gun
shot wounds. In the course of his ques-
tions he asked, What would you say as
to the position the pistol was held in if
you heard that the stewards at the hos.
pital had found a smudge or powder stain
two inches in diameter surrounding the
wound ?"
This was objected to by the prosecution
as bsing a hypothetical question not
based on evidence already introduced.
The roint of law was argued by both sides
the remainder of the session. Just before
adjournment Judge Campbell sustained
the objection.