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

ful authority, and that he is within an
 exception. He proposed to show that
 the circumstances alleged to have oc-
 cured when consent was given had
 not taken place. The evidence claimed
 by the state was admitted.
 Mrs. Holman said that she was at the
 Van Lue house when Dr. Osborne call
 ed at the house and offered Mrs. Van
 Lue $100 if she would consent to an au-
 tupsy. She did not see pr. Osborne and
 Mrs. Van Lue go into the bedroom
 where the body was and lock the door.
 Witness said she heard all the conver- sat1on between Dr. Osborne and Mrs. Van Lue. She did not hear Mrs Van Lue or Dr. Osborne say, well, we will do it that way or You can have it if the children will not know" or We
 will get the body as you said and take it to BurwelPs and have the autopsy there and return the body to the grave" nor did she hear Mrs. Van Lue say, Return the body, as I want to take it to Providence"
 On cross examination witness said that she was no relative of the Van Lues. Witness said that relatives of the Van Lues were present when the tpAiNNiSHNloii GiAC lCLSlIGb NO LUuh pldCe, but she could not remember who was present. She could remember nothing more of the conversation besides what she had already related. She said that she had never spoken to anyone about the matter of $100. Later she said that she had heard the matter spoken of in the city attorneys office and that Mrs. Van Lue had told her that she would have to go down to the city attorneys office
 Miss Carrie Bucknan, a niece of Mrs Van Lue, was next called. She said thta she stood behind a door and Iis- tened to Dr. Osborne's conversation with Mrs. Van Lue, because she thought that the dispensary doctors were lot of schemers. She said that Mrs. Van Lue in answer to a question by Dr. Osborne as to whether or not she had decided concerning the conver- sation they had held a few days be- fore, had replied: NO, and I am not going to. She was my daughter and I have mothers heart. You ought to have some regard for my feelings.'' Witness said that she heard Mrs. Van Lue say No doctor, I cannot bear the thought" Witness said that about a week before the chld's death she over | heard a conversation in which Dr. Os- | borne said to Mrs. Van Lue something l about something being worth s100. Wit ness said that she had heard Dr. Os- | borne say that he could arrange the ''antipsy or whatever you call it. so that the body would look as we'll as ever.
 Mrs. Van Lue recalled to the stand said that there was nothing which she i desired to change in her testimony.
 Dr. Osborne was recalled and said that on the morning when he called to see Mrs. Van I4ue about the insurance papers, someone brought the papers into the room where the body lay and then went out immediately and the door was closed. Miss Buckman had testified that she stood on the hreshold of the door leading into the room and heard the conversation which took place between Mrs. Van Lue and pr. Osborne.
 The state rested at 9:55 and the argu- ment for the prosecution was begun by David F. Fitzgerald, assist ing Assistant City Attorney Webb in the case. Mr. Goodhart then made the argument for the defense and Assist ant City Attorney Webb closed for the state.
 After the decision was rendered pr. Osborne's friends crowded about him, shook his hand and congra tulated him.