The daily morning journal and courier., 1899-12-27
DIR. OSBORNE DISCHARGED

hearing distance at the time. He hat
 talked with MT. Nettleton and with MT
 Goodbart since. Witness had not yet
 returned the certificate of burial as il
 was not time yet to return it. It was
 an unusual thing to take bodies from
 graves in that way. He had been at
 the cemetery twenty years. He did not
 have a permit for the removal of the
 body.
 Wilfred J. Nettleton was next called
 He said that he worked occasionally in
 the Westvlle cemetery. He overheard
 the conversation between Van Lue and
 Deacon Ford. He said that Van Lue
 had said that he was willing to have an autopsy performed, but that his wife was not willing. Witness didn't re-
 member that anything was said by MT. Van Lue about the children.
 Dr. Robert E. Peck was the next wit
 ness He said that on Sunday evening,
 December 10, about 8 or 9 o'clock, he re-
 ceived telephone message from pr.
 Osborne requesting him to go to Fac
 tory street and see the mother of the
 Van Lue girl and ask for an autopsy | Witness went as requested and found
 in the entryway of the Van Lue house l d IlN6TylUdH anu SOlIlt COlOltu DpyS III | the house were MT. Bennett the under
 taker, and the girls father. Mrs. Van | Lue and the undertaken were talking about the funeral arrangements. Wit ness withdrew to the entry and waited for lull in the conversation. MT Ben | nett asked for the insurance papers as | security, and witness then entered the room and asked permission to perform an autopsy. The father said then, We had better let them have her" Mrs. Van Lue objected, She was afraid the aunts and cousins would object. Witness renewed the request and she left the room to consult the relatives, and soon after witness heard young man say in a gruff voice, No, no," Mrs. Van Lue then returned to the room preceded by some colored women. Mrs Van Lue said that she could not give consent. The other women said that they did not want 1t, as Bessie had suf- fered enough. Witness said that he then said that if they didn't want the autopsy performed there he presumed that MT. Bennett would allow it to be performed at his undertaking rooms. Witness said that MT Bennett said that he would Upon further request by witness and explanation of the desire for an autopsy Mrs. Van Lue persisted in her refusal.
 Asked on cross examination if there was any doubt as to Ms, Van Lue's refusal, witness said: She said mo-" There was no doubt in his mind but that MT. Van Lue had said, "All right; we better let them have it.' His inn pression was that if the relatives would consent Mrs. Van Lue would. He inn portuned her three times and make it stronger each time and she refused each time. He never offered her or anyone else for permission to perform the autopsy.
 Dr. Moulton was called to the stand | He said that he went to the Van Lue | home, having been called up by tele- | phone by Dr. Osborne, who asked if witness was willing to make call for him for which there was no money. Dr. Osborne told the witness that he ex- pected to get an autopsy out of the . case. On going to the Van Lue home witness found that the girl was uncon- scious and that there was absolutely | no hope of saving her. Just before he left Mrs. Van Lue said that she had not yet made up her mind whether to grant Dr. Osborne's request or not. Witness told her that he hoped she would; that an autopsy might enable them to save some other child from death. She said that she would think of it. On cross-eXamination witness said that Dr. Osborne did not request him to make any request for an autop- sy.
 Dr. Bartlett was called as witness and said that on December il shortly after il o'clock he received notice that an autopsy was to be held at Burwell's rooms on Thursday morn ing shortly after 9 o'clock. At witness request the time was changed to o'clock. Witness was not cautioned to preserve any secrecy about the mat ter Witness was told that Dr. Peck would be present, pr. Osborne having told him so, and having mentioned no lne else. It was not usual to keep sec 'et about an autopsy. There was no occasion to speak of it and for that 'eason he had not spoken of this or other autopsies He recalled no cases n which he had been asked to keep sec ct concerning autopsies except in re-
  coroner.
 The defense then rested its case. As istant City Attorney Webb then called Mary V. Holman, and said that he would offer her testimony in rebuttal If the testimony of the physicians. MT. 1oodhart objected to witnesses being alled after the prosecution had rested ts case. The accused should have been onfronted with the case against him T nd confronted by the witnesses for the tate before being obliged to divuge is defense It was not fair after al- owing people to sit in the court room nd hear the evidence of the defense ow to call them to contradict it. If the ourt thought, however, that this would hrow any light on the ease he would ,ithdraw the objection. Assistant City Attorney Webb held hat the case of the state had been , roved but that the defense had at empted to prove consent and he pro osed to show that consent had not cen given. He quoted from an Iowa lse to show that it was incumbent on II le defendant in charge of unlawful T, isinterment to show that he had law