The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-02-05
YESTERDAY IN THE COURTS
TRIAA0FTHE FABER CASE CIVIL
SIDE or SUPERIOR, COURT.

pare-Iestlmony of Experts-Probate
Matters Bond of DANES ID. Daley Called
Other Court Notes.
The trial of the suit for damages
against A, II. Woods Sons, the drug
g'sts, growing out of the death of
Marx F'aber on September %, 1895,
from aconite poisoning, alleged to have
been caused by mistake in preparing
prescription by the defendant, was
begun in the superior civil court before
Judge Subway yesterday.
1t is claimed by the plaintiff that the
bottle obtained from Woods store
contained aconite, which was the cause
OF the death, and they sue for $1,000
damages
EX-Judge Deming and j. B. futile
appeared for Faber and c. S. Hamilton
and ex-Judge Blydenburgh for Woods
Sons.
The first witness yesterday morning
was Morris Faber, who testified that
he was a brother of the deceased and
was appointed administrator on his es-
state.
Morris Goldstein and his wife testi-
fled that Faber had come there 10 stop
with them a few days before he died.
He brought with him a satchel On
the night in question they said he was
suddenly taken i'll and went to bed,
where he seemed to be in agony. They
sent for policeman. Policeman Hyde
responded and also Policemen Collett
and Cooney came. DR.. Gaynor was
summoned, but Faber died soon after
he arrived which was after o'clock.
Mrs. Goldstein said that before he
died Faber was showing them the pic
ture of his wife and children and ex-
pressing hope that he might not die.
The three policemen testified to what
they saw of the trouble and death.
Policeman Hyde said that Faber told
him about purchasing the bottle of
fluid at Woods and said that he took
about a teaspoonful about o'clock
that evening.
DIR. Gaynor was the next witness. He
said he was called to see Faber and
arrived at the house just before the
clock struck two in the morning. He
said the patients pulse was then %;
Eve minutes afterwards it was a. and
shortly after that it disappeared
About twelve or fifteen minutes after
he arrived Faber had a CONFUSION and
died soon after.
DR.. Gaynor in answer to question
as to his opinion as to the cause, of
death, said that from all the circum-
stances he should say that death was
caused by aconite.
On cross examination DR.. Gaynor was
asked to describe the symptoms of
aconite poisoning. He said they were
numbness, tingling of the palate, slow
pulse, vomiting, sweat and great pale-
ness.
DR.. Gaynor said that Faber told him
that he was in the habit of having
money and that was the reason he new
er stayed in lodging houses.
Medical Examiner White was the
next witness. He said he was called to
see the body at o'clock on the Morn
ing in question He ordered it removed
ana afterward made post mortem,
which caused him to give as his opinion
that Faber died of aconite poisoning.
DR. White said he purchased bottle
of aconite from Woods Sons himself
afterward to compare with that when
he found in the bottle from which Fa-
Der drank. He produced both bottles
and stated that under the coroner's d.
rection he had given some of the tiuid
in the bottle which Faber had gotten
from Woods store to Professor Her
bert e. Smith. The rest he had Kept in
the closet in his house. The bottle was
labelled cholera mixture" and con-
tains Woods Sons label and their name
vas blown in the bottle.
did you ever take any of the CON
tents of that bottle?" the doctor was
asked.
IT took some of the contents on Feb
ruary II, 1926, said the doctor.
What symptoms did it produce?"4
t9Those of aconite poisoning"
On cross examination DR.. White was
asked to give an account of his expert
ence with aconite. He said that he had
undressed, put out his light and was
about to retire. He mistook the bottle
for one containing cough syrup.
AS near as he could determine he
took about twenty drops He at once
realized what he had done and dressed
hastily and ran over to the drug store,
where he spoke with great difficulty.
He secured some syrup Of ipecac, swal-
lowed it, requested the clerk to sum
mon several physicians and went back
home. DR.. Carmalt, DR.. Lindsey, Or.
Wheeler and DR. Jewett responded.
They asked for his stomach pump, but
he could not speak They obtained one
and placed it down his throat, but he
thought he should die of strangulation.
Finally he said he got a dose down
which acted as an emetic and he was
relieved. After staying about two
hours DR.. Carmalt left him with his
son.
DR.. White was asked if he could posi-
lively declare that Fabers death was
caused by aconite from the post NOR
TEN.
He said he could not, but he arrived
at his decision from what he learned
aside from that.
DR. Wolf of Hartford, an expert for
the defence, was next called He tes-
titled that he had examined several
specimens of aconite which were pro-
cured from Woods drug store, and that
he had found in these samples crystals
of different sort from those found in
the aconita from which Fa her drank