The herald., 1897-05-27

"F1ow was Lillian dreesed?"
"She had, a nightgown and an under
| shirt on. There was a number on th
| nightgown. hut didn't know what II
was"
During the afternoon OF the same day
what was Lilian's apparent condition."
"She seemed to suffer more pain than
In the morning
Ibid the doctor tell Lillian anything
| while giving her treatment?"
He told her she would be all right in
little while"
What. if anything, happened to Lii
ian that same afternoon"
"She miscarried."
Witness proceeded and described the
scene that then ensued In detail, and
stated that Lillian was in great pain all
the time. Up to the time witness left
the patient at nightfall the doctor did
not come to the room, nor was anything,
to her knowledge, sent into the room by
his orders. Next morning witness again
saw the patient, when the latter gave no
evidence of a cessation of the pain. She
complained of pain in the same place as
heretofore, and in her left side. About
IL o'clock on that (Tuesday) morning
Or" Hastings visited Liian's room,
and again gave an electrical treatment.
On Wednesday he gave her stimulant,
and in answer to Lilian's complaint that
she suffered so much pain he told her
that she would "be all right by and BY"
The same program of treatment was
gone through on Thursday and on Fri
day, and on the latter day Lillian Hat
terry died. albeit the witness was not
present at the time.
In the course of examination the wit
ness testified to having heard the de-
fendant say to Mrs. Weaver that The
would have to give the patient internal
treatment. She never however, saw the
defendant in Lilian's room with instru-
ments of any kind. other than the cleo
trio battery Shortly after his remark
to rsM. Weaver, however, the latter told
her to go into the other room and not to
return unless called.
MRS. WEAVER TOLD HER so
Upon cross-examination Miss Horton
conceded that she is divorced women.
having obtained a divorce in Iowa, anS
that she is the mother of one child
She stated that she came to Los An
geles in November, 1896. and since testi-
flying at the preliminary examination
has been employed at 719 South Main
street, doing general housework. On
direct examination witness had spe-
officially stated that she had seen the
foetus. but upon cross examination she
stated that she only knew the thing to
be foetus because Mrs. Weaver told
her so. Mr.. Gage at once moved to
have witness statement regarding this
matter expunged from the record, be-
ing merely heresay evidence. This
would have amounted to nearly wiping
out the most valuable point of testi-
nony SO far given, and the court de-
MED the request.
HEART DISEASE, NOT ABORTION
For the purpose of permitting the de-
tense to examine two witnesses Miss
Horton was temporarily retired, and
DIR. Bryant, ex-police surgeon, went up
on the witness stand. His direct testi-
mony, in answer to the interrogations
OF Mr.. Gage. were strongly antagonistic
to the contentious of the prosecution.
Assuming the report of the autopsy to
be correct he maintained that Lillian
Hattery could not have died from tina.
form Of septicaemia resulting from an
abortion. . The facts testified to by the
lH6ulCdl IIl6I W LO COHduSlCo lliS oAeOPSy
that the uterus was clean, that there
was an absence of any foetid odor, and
that the spleen was in it's normal con-
dition precluded, in the opinion of wit
mes, any idea that the woman had died
from the effects Of the abortion. With
regard to the state of the spleen, DR..
Bryant stated that in cases OF death
from abortion that organ must neces-
sarily be enlarged, and he had never
seen, heard or read of a case" where the
reverse was the case. AT the same time
the witness conceded that the evidence
Of the autopsy went to show that the
deceased had at some recent period been
pregnant. On the other hand, DR.. Bry-
ant stated that he believed that de-
ceased died from appendicitis. which
accounted for the blood and pus found
in the abdominal region, the immedi-
ate cause of death being heart disease.
Mr. McComas tried his hand at cross
examining DR.. Bryant, but he was not
quite successful in getting him to mod
ify the force of his testimony. The most
he would concede was that it was pos
sible to remove the foetid odor by in
sections of certain washes, but that
without curetting it would not be pos
sble to remove the other evidences of
an abortion having recently been per-
formed.
Along exactly similar lines Dr. Mac
Gowan travelled in giving his testi-
mony.
AS the case now stands Miss Horton
says she saw something that Mrs. Wea-
yer told her was a foetus, and the testi-
mony of Drs. Bryant and MacGowan
go to show that it was impossible that
the object, whatever it was. could have
been what Miss Horton says Mrs. Wea
Yer said it was.
THE WILL CONTEST
C. A. Steele Man of Varied Matri-