The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-07-29

timony, and not, as is common in home
criminal courts. summing up the pros
ecution's case in advance OF evidence.
The fact Of Mr.. Maybriek's deatn was
first proven, and i, soon became obvious
to the jury by Charles RusSslrs mod
est cross examination tina. his defence
would be that Maybiick died OF stomach
trouble naturally and not artificialiy in
duced- Next the crown produced the
physician and surgeon who had made
the autopsy and mad submitted the in
ternai organs to an expert chemist. The
latter testified that he undoubtedly
found traces therein OF arsenic after
making orthodox tests.
Russell's cross-examination Of the
medical and chemical witnesses was ex
ceedingly adroit. and in effect said to the
jury, The deceased may have died from
enteritis naturally produced, for II Is
a natural disorder, although the admin
,stration OF arsenic produces enteritls,
and. of course, some arsenic was ns7es-
sarily found IN the viscera OF an habitual
arsenic eater" II was readily seen
from the faces OF the jury at this stage
that a favorable idea for Russelrs ellen;
had entered the jury box But the
prosecution continued welding links in
its chain of guilt. A nurse testified 10
seeing the accused. not many hours De-
fore Maybrick's death. adding something
10 the beef tea ordered for the invalid :
noufishmenL To an expert toXicolo-
g:st had ben submitted the accuseds
dressing gown, three handkercniefs, two
aprons and the cover Of the little table
on which had stood the medicines and
broth, and ne testified TO having tested
unmistakable arsenous signs on each
fabric-this by the way OF showing that
although she may have disposed OF the
dregs of the beef tea so as TO prevent
a testing thereof. she had not thought
how drops of the poison fluid could be
traced from her apparel.
II now became necessary for the crown
to show a motive for the murder. and t
came into testimony in the strongest
manner. A servant had, while the i'll
ness continued, been given by Mrs. May
brick letter to her paramour, Briefly.
to post, which the domestic, having
traitorous curiosity and suspicious, die
not post. and SO It eventually turned I'D
as evidence. AS it WAS read in the ac
cused's handwriting it was impossible
for a physiognomist not to perceive by
the looks of the jurors how potent was
ITS effect. II was couched in unvifely
language: il intimated that the existing
illness would result fatally. and il i'm
piled future unalloyed intimacy between
the two. Upon this aggregated proof OF
motive, of opportunity and Of posses
sing means toward homicide the crown
rested.
"a, ex-president of an Irish college of
surgeons, and by DR.. Paul. toxicolog-
ical examiner in the Victoria University,
tina: in their opinion as experts May
BRICK died naturally Of gastric enteritis
and not from arsenic, and that this poi
son could remain months in the system
before elimination.
Mrs. Naybrick's advocates in this
country have bitterly attacked Judge
forunfairness toward her.
but his action proved the reverse. The
defence. having outlined their answering
conten ton, that even il the arsenic
found in Maybrick's body olused his
death il was seIf-adminiStered, were al
lowed hearsay evidence by the judge in
permitting friend Of the deceased. and
a former mayor Of Liverpool, TO testify
that he had heard Maybrck boast TO
him that he took poisons as a tonic. A
nairdresser was allowed by the judge to
testify to the general fact that. within
-; 1a5; Sad
Ious fly paper. instead of risking pur-
chase Of the crude powder from chemists,
FOR the purpose Of cosmetic use. Not
ina: Mrs. Maybrick had ever to his
knowledge bought fly paper for such a
use, but merely raising the presumption
that she participated in that feminine
Usage. The judge also permitted Mrs.
MAVERICK 10 read an explanatory state
nent, in ner handwriting. regarding her
connection with her husbands deathbed.
All of these judicial acts were conces-
,ions far outside of judicial rules upon
admission of testimony. and 10 its credit.
De it added, the crown offered no tech
neal objection. A London apothecary
vas also allowed TO provo that he had
,nce sold Maybrick, at his request, a
'pick-me-up" tonic containing arsenic.
1t Is doubtful IL the written statement
lid the defence more good than harm.
or il admitted having an amour with |
Ter lover, but professed that before her |
husband died she confessed the marital |
wrong and obtained his forgiveness. |
Also that ne induced her to relieve his |
stomach pains by going 10 his room and |
'btain,ng thence a white powder. which |
IL said would help him. She professed /
lot 10 know that il was arsenic. and ad /
nittsd she did not administer it like |
Medicine. but mixed it with broth, and I
o fed him. Also that she had once
an American prescription for
n arseaious face wash. but had lost a.,
nd so had been driven 10 procure ar
enic from soaking fly papers in laven-
er or orange water. She read the
;atenent with much dramatic effect.
The persuasion N the case came from
russell when he made his address. In
loqusnce il was worthy OF the Irish bar
additions respecting Curran or OF the
ngiish bar regarding Erskine. But a
ense OF the motive for killing seemed.
owever. 10 Cypress him. as ne put the
,nour tacttully aside and emphasized
IL doubt as 20 cause OF death and con-
arning self-administerei arsenic. should
le jury consider IL as factor a. all
ne summing up OF the judge occupied
lie cay and a small portion OF the next.
ID was. after the manner Of the Eng
81 bench, prolix and given 20 greit de-
Il. FitZstsphens has ben berated by
ie advocates OF Mrs. Maybrick as hav-
g been prejudiced against the accused
II unfair. Unlike the practice OF our
'e-age home judge re certainly unGuly ! !
lge-ei upon the facts and theories OF ,