The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-04-15
G0RDY WINS !
IA POINT.
II Is Tho First One Gainsd by the
Defense.
MEME CALLS OH WITNESS.
He Is Dir. C. R. Layton, Who
Testifes that in Many Drown
ing Cases There is an
Absence Of Water in
the Lungs.

b
James M. Gordy, who Is accused of having
murdered his bride, formerly Mrs Mary
Lewis, OF New York, on March 10.
The State announced that 1t had con-
tlndel its evidence at 3 30 o'clock in the
Afternoon, and the defense, although it
had summoned about fifty witnesses,
called but one: Then Gordys lawyers
naid they would also rest their side Of the
cAse
The one witness who testified for the de.
fense was DR. u r.. Layton. When asked
5 II he ever had case Of drowning, he re-
piled; II never had a case in my ,prao-
tice" Continuing he said he had not
made thorough study of the murder, but
felt qualified us physician to tell wheh
person was drowned.
1.-THE report of the Royal Humane So,
cioty Of France" he continued, says that
about 49, p II cent. of drowning cases ex-
nniued by that society sho an absence OF
water in the lungs
IN conscous drowning there Is always
q white froth co ming from the mouth and
nestrils. In all su ii ;ases water Is found
In the stomach.
u Replying to question, Or. Layton said:
sIf the heart was disten led and the other
4 organs were in normal condition could
not say that the person was drowned.
This ended his testimony.
The testimony offered by the prosecu'
\ 4ion In the course Of the day was interest
Ing and had an important bearing on the
ease The first witness called by this side
when court opened was Mrs. Harvey L.
Messick, wife of the tenant on GJrdys
farm She said:
"Mr Gordy has a room at our house
There were two beds in his room and one
81 them was used by him. No othor per-
son was allowed to sleep in the room,
ION March 10 Mr. Gordy came home at
NJ o'clock at night / saw him pass
thrDugh the house but did not talk to him
nDtil the next morning at breakfast.
He asked Inc to clean or brush his trous'
ers, as he wanted to go away that day.
The trousers were in his room. They wore
wet nearly to the knee and had mud on
them rs II he had struck his heels against
the legs. l hung the trousers up on the
porch, and my mother helped me to clean
Them. Mr.. Gordy said he had soilel them
by slipping in mud hole In Baltimore.
Mrs. Rebecca Steward said: II live at
Rodney Station. Mrs Messick Is my
& daughter. saw tho trousers at her house
nnd also SAW Mr.. Gordy the same day. ]
assisted in cleaning the trousers. They
ware wet"
a Frank # Carey testified as follows: II
live about IL mile east of Milton. On the
might of March 10 was aboard boat at
Vaughn's Landing and slept on the YES
8el. The boat was about 50 yards above
the wharf, anchored In a cove.
~ II went to bed between and O'CLOCK
and some time afterward heard noise
Hike an oar being thrown in II boat. In
this morning l saw tracks where some one
had gone down in the low wator to the
bait. There were also tracks OF carriage
and OF a horses feet.
saIhe tracks of the carriage had turned
{ out into field near Mr.. Joseph p.
Bailey's house. They were about 100
wards from the house and left the road to
The east After passing the house some
distance they returned to the public road
and then continued on to tho landing.
George W. Hatfield told Of his visit to
ssordy ! room In Messlck's house with the
aH0rney general and identified the muir
fsrsd woman's nightdresi, glove and silk
bag; also the hammer which wis found
there after the murder. Tho hammer
was offered as evidence
DIR. David Hall, upon being called to the
witness stand, said he had lived at Lcwes,
4 pBl sixty-five years and is physician.
The defense objected to receiving his test.
snnny, saying he was not qualified, us he
was called by the State to corroborate the
testimony of two other physicians, when
he did not hear the testimony nor was he
at the autopsy.
CHIEF Justice Lore. -"This doctor, we
think, is qualified to testify
Attorney General White-"Now doctor,
n III person is found dead in the water
and there Is no water in the lungs, did
bhst person meet death by drowning?
Is DR. Hnll-"Ceriainly not. The person
spust have been dead BET re getting into
this water -
Dr. VIM B. Messick said: "Tho ham
Fner shown in court is the one ] saw in
Mr. Hatheld's possession on the Sunday
,IthAUn "a
head Of the hammer l found hair. l
cannot say that it was human hair. Its
color was ligh6 brown ard, ! think, the
color of the dead woman's hair"
Mr.. Cullen objected, and the court ruled
out this testimony.
State Detccti w ter Wtsi testified
that after onsIlting A tOrney.G enaral
white he went t" Vaughn Landing and
made an examination OF the surround
II angs He gave a detailed account Of his
1pnyemeuts and his efforts to uuraVel the
murder case.
itI drove to the home of Gordy's mother
with Cove Lynch" he said, "and as we
gesChed the house Il colored man cried out,
sfThere he goes !" We looked down the
road and saw Gordy running.
Ig)t in the carriage and told Mr.. Lynch
DO run the horses in order to catch Gordy
! When we got close to Gordy told him to
put up his hands. He did so and think
he said I give uDl
After Handwriting the prisoner searched
hin. I found asmall diamond ring in his
vest pocket. He also had receipt from
the Pennsylvania Railroad Company fol
furniture shipped from New York tt
Georgetown in the name of James NJ Cor
Ay and severed keys which l have since
found to n the doors of various pieces oil
( Furniture at the depot.
t'When put Gordy in tho carriage hi
was exhausted from running. Alto he
recovered his breath he said. J did moi
h1rt that woman.
"While driving to Georgetown I qucs
tioned him as to his whereabouts sinct
March H. He said he hHd met womal
on tho train and had previously met he
In Wilmington at q restaurant on French
street.
/ asked him her name He said it wa
Brown. replied Would not Lewis soun'
betterf' After this he said he would 40
talk.
"At tho jail Itook off his shoes and fttc
one of them 70 tho tracks l found a
Vaughn's Landing. They fitted exactly.
Peter A Dudd said: II saw Cord
March II at my store and wrote lette
for him adlrl ssed it to the Storage VA
Company oil New ork. "
fF1 Il am the express agent ut Gn0rRe'uWn
Two trunks arrived at the depot di'acio
20 James NJ Gordy, March 10. l aw the,
opened by State Detective Wit ii lntel
Mrs. Goeltz and Miss DERRICK came t
the depot ard identified tho property {
Mrs. Gordy's."
The two trunk tags which bear the az
dress of Gorly were also offered as CIV
der CO.
This closed the important tos timony IL
the prosecution
When the arguments Of lawyers hega
Deputy Attorney General Cooper aldres
I'd the jury. He said in part:
"Ths Is the most important case In u
history of Sussex county. There b
never been q e SO revoltinG in ever
n deta |, So nendl5h in character, so tnh'
man il, every particular as the one whic
we are about TO commit to you. Io
duty Ia o grave and responsible ono
Mr. Cooper then reviewed the evidenr
and closed Ivy saying; "The testlmol
conclusively points to Gordy's greed t
u uain az his motir' for tho crime, Lot
at m since the day Of bis arralgnmon
He has ,at IN tuut dock like sheep xii
II ing dog never daring to meet the eyes
his accusers. In fact, no one In this
sembly has ever seen him open his eyes,
"That logged sullen and sheepish cou
u tenance indicates beyond peradventu
that he is guilty. If not guilty, why b.
Il he not explained how, why and und
what circuma tances he obtained the dot
" IA 10 hnlinun