The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-25
THE RoUT OF an EXPERT
~ THE SECOND TRIAL YOUNG
MOTHER WAS ACQUITTED.
The Chemical Expert Changed His
Testimony and the Prosecution
Lost Its Case.

81 believe the case in which my partners
and I had such a prolonged search for a
certain book on chemistry was the most
unieue and interesting il which I was ever
engaged" said Attorney Francis T. Hord,
A. the lobby of the Denison Hotel last
night. since you have asked me for a
story I guess will tell you this one, but
I shall refrain from mentioning the names
Of some OF the people concerned in the
affair, as they are living yet and might
Dossibly take exceptions to the notoriety
given them without their consent being
.ars: asked and obtained, as a lawyer
would express it.
Our presen: firm of Hoard & Perkins
was al the time OF which 1 speak rein
forced by the addition Of Samuel d. Miller,
sen OF ex-Attorney General ". II. Fl.
Miller We were then a trio Of young fell
lows who had not been in the active prac-
tice OF law long enough. TO become thor
OuChly seasoned, so when this case came
TO Us. although there was not any great
sum Of money offered as an indueement,
We entered into II with ali the enthusiasm
OF which we were capable, because we
saw. OF thought We saw. an opportunity
10 bring ourselves into notice. The case
was OF a young mother who had been
indicted for the alleged murder of her babe
BY administering TO II milk In which she
haG placed or caused to be placed a small
quantity OF morphine. The case originated.
OF course. before the coroner. It seems that
that official had turned over the stomach
Of the dead infant to a certain chemist
FOR analysis. The chemist submitted a
voluminOus and seemingly very erudite
document containing what purpOrted TO be
the results of Investigations and analyses
made by him, incluNng elaborate chemical
tests 10 discover the presence of poison
IN the stomach. The report contained sew
eral tables. claiming 10 show In detail
the various steps of these analyses and
tests, and the exact results.
THE WOMAN CONVICTED.
Upon this document principally the
poor young woman was convicted. My
partners and were not satisfied that a
Just verdict had been rendered and we
believed that in another trial We could
convince a jury that our client did not
kill her child. Without any hope OF re-
ward we appealed the case. the woman
taking the poor persons oath and thus
obtaining a copy of the testimony free
OF cost. The case was sent back for q
new trial. In the meantime We took that
chemists report and proceeded TO make
an exhaustive study OF IL. One statement
in particular caugh. our attention. The
analyst said that nitric acid poured over
a solution OF morphine causes a change of
color TO violet. We hired chemists TO
make the tests described in the report and
none of them was able 10 produce the
violet tinge. ON the contrary, in every
case the color was orange. This struck us
a trifie queer. to say the least of IT,.
Finally, we consulted DR.. Vaughn, pro-
fessor OF chemistry in the University OF
Michigan at Ann Arbor, who declared it
to be his opinion that the author of the
report had copied his tables from some
work on chemistry. That statement that
nitric acid on morphine will color the
fessOr, and, anyway, those tables are
too ideal. If man had actually made
tests he would not Eave been likely to get
such perfect results Analyses and tests
printed in books on chemistry do not al
ways work out practically for whoever
tries them With Dr. Vaughn's hint TO
guide us. We set 10 work 10 run down the
textbook of chemistry from which the
tables had been copied. Finally, we came
across IL. 1t was 'Bly's Chemistry'-an old
edition. and a certain part of the book
which we found was known everywhere
among chemists OF repute as Blys Error.
had clearly been transferred almost bodily
into the report. When this chemist took
the witness stand for the prosecution
side Of the case in the second trial, he
was asked on direct examination what TIE
effect OF pouring nitric acid over solu-
ton of morphine would be. 1T would
change the solution to an orange hue he
replied.
ON SS-EXAMINATION
When IT came my turn TO cross-examine
the man 1 proceeded TO pull his report
made TO the coroner and ask him if he did
not swear TO that document He admitted
rather reluctantly that he had done so.
Then read from the report his statement
that in tests made by him with nitric acid
and morphine solutions the result had been
a change TO violet. Without mincing words
IN the least asked him plump. Now, pro-
lessor at which time did you lie when
you wrote that report TO submit to the
coroner or when yoa testified on the wit
ness stand while ago I'm this case2' The
mans Consideration and mental agony
were painful 10 witness He fairly turned
purple and the veins in his neck stood out
Ike whipcords. Our client was tri-
umphantly acquitted, and short time aft
erwards one OF the jurymen told me that,
as matter OF fact, we did not have to in
trOduce any evidence for the defense. ~ on
Won your case when you fired that awful
question at the states chemical expert
he said.
But we were not confined altogether to
tbs mode of demonstrating the young
by the most arduous kind OF an investi-
cation. which involved walking for miles
and miles through a certain part of the
town, We came across an old woman who
said she was acquainted with the habits
or the woman with whom our client had
LETT her infant 10 be cared for, and that Ii
vas custom of this nurse to. put morphine
IN the milk given to the baby in order 70
make IL sleep. soait would not cry and dis
turb her and the neighbors. So you see.
We could have made out pretty plausible
showing that If the baby was really poi
soned the nurse and not the mother adj
ministered the drug. But we never have
believed that morphine killed THE baby.
since one Of the best PHYSICIANS in the
State gave IL as his positive opinion that
the child died from pulmonary conges-
ton"
C-rrxr ~---r~~r. xvorrc-s@ -