The herald., 1897-06-02
SOME CHARACTER WITNESSES
NOT PERMITTED TO TESTIFY
AGAINST MRS. MARTIN
Mrs. Weaver Upon the Stand-Attor-
ney Gage Makes Statement in
His Own Behalf

and, as usual, to a full house. But the
district attorney intimated to the court
that since the last session of court az
important witness had been discovered,
in the person of DR.. A. j. Scholl, and.
albeit not in court just then, he woulo
be in very few moments.
But it developed that the doctor was
out visiting patients and after waiting
for some time, court was adjourned
until 2 o'clock, in order that the last wit
ness for the people might be heard be-
fore the prosecution rested.
When the court reconvened DR.. Schcu
went upon the stand and proved
rather disappointing witness. 1t had
been anticipated, from what had been
said in the morning by Mr.. McComas,
that the doctor would speak decisivel!
regarding the examination made by the
medical experts at the autopsy held on
the remains of Lillian Hattery. He didn't.
however, do anything of the kind, but
was carefully conservative in his state
ments. He first testified to having been
present when the autopsy was made.
and in general way explained the
state of the several organs of the body,
as explained by the other medical men
who testified on behalf of the prosecu-
tion. In addition to giving a descrip-
tion of what was found, however, the
witness diagnosed the case and gave his
opinion as to the recent pregnancy OF
Lillian Hattery and her death from
purulent peritonitis, resulting from
the absorption into the system of septic
matter. So far as the doctor could tell,
the absorption was by the peritoneum,
a most delicate surface. but he did not
display any particular anxiety to go 70
the root of the matter and say what il
was that had set up the septic poison
ing. In different ways this question
was framed by Mr.. McComas, but wit
ness each time evaded giving direct
answer Finally, however he came out
boldly and said he could not tell what
had set up the septic poisoning. This
didn't satisfy the prosecution, and the
witness was asked to state what his
"opinon" of the matter was. He said
that he thought the poison developed in
the uterus, but it was quite possible for
q woman to have miscarriage without
septic poisoning being generated, and SC
what it actually was that set up the
poisoning in the case of Lillian Hattery
he couldn't say.
A CONSERVATIVE WITNESS
'In your judgment, was death caused
by appendicitis" inquired Mr.. Nc
Comas.
mo, SIR" was the reply.
"Was it caused by peritonitis induced
by appendicitis?
mo, sir. 1 have already stated my
opinion in the matter"
And that was the best the prosecution
could do with their witness.
DR.. Scholl hadn't proved to be such
a strong witness for the prosecution as
had been anticipated, and his cross
examination was limited to very few
questions.
The prosecution then rested its case.
Mr.. Gage made formal motion that
the court instruct the jury to acquit the
defendant on some technical grounds,
among others that the prosecution had
utterly failed to show that murder had
been committed. The motion was over
ruled, and the case for the defense was
begun.
Major Horace Bell was first put for
ward to contradict the testimony Of Mrs.
Martin and Mrs. Hendig, given last Sat
urday, that counsel of the defense had
OIleTeu lueII, LII OuSu ulIll, DIS al III
ducement to leave the country, the
promise that Mrs. Martins claim for
$1,000 would be paid.
The district attorney objected to the
witness being permitted to contradict
the assertions of the two witnesses. The
matter cropped out on cross-eXamina-
tion, and the district attorney denied
the right of counsel to challenge the
circumstances
"D.d you come to my office to see me
relative to a demand of one or both of
these two women and in presence Of ex-
United States Attorney Geo. Denis say:
These women have this claim against
DR.. Hastings and I told you I had seen
the ladies regarding the matter and that
] said it was a blackmailing scheme
and there wasn't a cent for them?"
This was the style of question hurled
al the Witness and which the court over
ruled.
The full series Of questions having
been asked Major Bell, without his be-
ing permitted to answer, he was excused,
and Attorney Horace Appel was called
This was the attorney Mrs Martin went
to after she found that Major Bell was
llOL IlhSly " ic4p Htl uCH III StlllIlS
hold of that $1,000. Mr.. Gage asked this
witness also the same or similar ques-
tions asked Major Bell, the district at
torney objecting each time, and the court
sustaining each objection. In addition
to the ordinary questions. however, this
witness was asked if Mrs Hendig was
not the same woman who was mixed up
in the Jim" Damron affair, and if, also,
she had not been guardian in a certain
estate. when in Eclipse? This question,
with the Others was blocked out and
the witness stepped down l.. C. Whit
ney, law partner to appellant, was the
next one, and he also had to remain on
the witness stand perfectly mum while
lot Of questions were put that he was
not permitted to answer
COUNSEL TAKE THE STAND
Then Mr.. Gage went on the stand him.
self to make statement. He said that
he had been a member of the bar for
twenty years, and during that time had
had to defend cases of both a civil and
criminal nature. HE honor had been
attacked, and he desired to say that he
did not either directly or indirectly sug-
geet that Mrs. Martin or Mrs. Hendig
should leave the country either before
the preliminary examination or after