Evening star., 1898-06-21
Mcsifco-LegaI Points.


The trial is chiefly interesting from the
medico-legal standpoint 1t presents nice
question of medical fact, which has a
strong bearing. but which has not been
brought into strong relief doubtless be-
cause of the unimportance of the principals
in the case.
Marceiius Bowie died in March last and
the autopsy showed that the immediate
cause was pneumonia, and that the dead
mans skull had been fractured
The government asserts that NARROW as
saulted Bowie February -, causing the
fracture, and that the pneumonia was the
direct and fatal result of it,
On the other hand the defense as mart
OF It's case asserts that NARROW did rot
cause the fracture, and that IL he old the
pneumonia was contracted Independently
ana was the sole cause Of death.
Dr. Glazebrook, who performed The au-
topsy, testified that he has seen a great
many similar cases wherein persons receiy-
ing injuries to the head deyeloped pneu-
mona Debris from the fracture remain
ing IN tne blood causes form Of poisoning
which develops into heavy pneumonia The
physicians at the Washington Asylum
hospital, who treated Bowie the evening
OF the day of his alteration with Marlow
swore that the former showed no signs Of
pneumonia then, nor did they discover a
fracture of his head.
Prayers by Defense.
The defense offered 10 expert evidence on
this point. being Obliged to rest content
with cross-examination of the Prosecutions
witnesses. None or the physicians cauld
state, positively, that the pneumonia from
Which Bowie died was the result of the
fracture.
counsel for the accused emphasized how
ever the matter in prayer submitted to-
day to the court as follows:
The jury are instructed that If they find
frt m the evidence that the death OF RoU,Ia
was due 10 pneumonia, the defendant should
not be convicted unless il has been shown
to their satisfaction and beyond a reason
able doubt that the pneumonia was The
result of force, or blows inflicted upon the
head of Bowie by the accused. and the tes-
timony on this point should be positive ana
not hypothetical"
Another prayer Nas that there should be
no conviction If the jury Is satisfied that,
alter receiving the fracture, Bowie ag-
gravated his injury by neglect or failure TO
receive proper medical trea tment
Prosecutor Shillington opposed both prom
ositions and read from a number of high
authorities. He asserted that the general
rule of law is that where a blow is inflicted
upon person. and, either through neglect,
exposure or lack of medical attention, gam
creme or fever is developed resulting fatal-
ly. the death is to be mediately or immedI-
ately attributed to the wound. and the one
who made it is to be held guilty of murder
or manSlaughter.
He argl ed that the prayer concerning the
pneumonia should not be granted, because
1t is not full, clear statement of the law
IN the case. and that there has been no
testimony offered to warrant 1t.
Courts Action.
Justice Bradley rejected the prayer de-
Gliding that conviction should follow il the
pneumonia of which Bowie died was trace
able directly to the injury done him by
MARROW, or II, though not directly traceable,
the pneumonia aggravated and made fatal
the wounds received by the man now dead.
Exception was taken 10y defendants coun-
sci.
Only two witnesses We're heard today.
They were offered by the defense to prove
that the evening OF the day NARROW struck
Bowie the latter was attacked and knocked
down by two unknown white men. The de-
fenses effort was to prove that the frac-
ture of Bowie's skull was not produced by
Marrow, but by the unknown men. Noses
Childs and Samuel Smith, both coored tes-
tifled as to these facts, as stated. Then,
after the argument as to prayers ended.
the counsel entered upon their closing ad-
dress