The Washington times., 1901-12-08
DEFENCE'S ONE
WEAK POINT.
Bullet Wound in AyreS' Hip
Not Explained.
EFFORT 70 INTRODUCE EVIDENCE.
Wrangle Over Admission Of Expert
Tes simony Regarding tho Post
tons of Mrs. Boaine II d Her
Victim When Shots Were Fired

isdod with the testimony SO far submitted
in her defence. They believe that the con-
tentious Of the Government have been
successfully combated in all but one
point To disprove the Prosecutions
theory in regard to the gunshot wound in
Ayres' hip. every effort of thc-defence is
row being directed.
Her attorneys have taken firm stand
upon the statement made by Mrs. Bonine.
and assert that it is still the only plausi-
bic theory OF the tragedy. The motive as
stated Iy Mrs. Boninc. which brought her
TO Ayres' room. has been substantiated,
her attorneys are satisfied; the revolver
with which the deed was done. found in
the room the day after. has been proved
to have been previously in the possession
Of Ayres and the stains on the wrapper
have been conclusively analyzed as blood
The attorneys believe tina; the jurors have
already come to a definite conclusion on
these points.
The wound in the Hip.
The last and only. remaining point in
Issue is in connection with the wound in
fired from pistol ranging upward In
Mrs. Bonine's story Of the deadly struE-
gle on the morning Of May 10. her body
assumed many positions as she, crea-
ture Of ninety-four pounds. and 4 feet II
inches high. grappled with Ayres. young.
tall. athletic. But she was never in a
position. the Government declares. to en-
iuu "A
hip wound indicates.
Tire better part Of the last two days
have been consumed by the defence in en-
deavorinE TO give a solution OF this prob
lem through the inediumship Of an expert
witness. Dr.. ". p. Carr. But It has been
strongly resisted by Mf. Gould, who has
not only objected to every interrogation
bearing en- the subject. but has gone even
furtb.r. and denounced as utterly value
less such testimony. when emsnating
frt.n an expert giving hypothetical views.
Opposition OF Mr.. Gould.
The District Attorney has contended
time and again that it is a matter for
the common sense Of the jury to decide,
and has advised opposing counsel to de-
part IrOm tuU wUrIu u ngPutIrrsis ~.
more material planet. Mr.. Goulds atti-
tude has forced the defence from dcploy-
ing longer on the skirmish line. and caus-
cd it to bring its heaviest guns into ac-
ton.
When the lawyers came into court yes
terday morning each one Of them stag
gered under an armful OF serious looking
books. bound in pumpkin colored calf Mr..
Gould and his assistant. Mr.. Taggart sat
at a table fortified behind 4 similar
hreastwork OF literature.
Dr. Carr was Immediately called TO the
stand. After he had given the result OF
his measurements Of Mrs. Bonine's body.
he was permitted at the end Of an hours
argument by opposing counsel to give his
opinion as to the distance from the point
Of entrance OF the wound in Ayres' hip
to the bottom Of the foot Witness ap-
proximatd the distance at theiriy- light
and one-half inches.
He was then asked by Mr. Douglass
the question which caused the debate of
the day.
The Question Objected 10.
In your opinion, what difference. II
any, would there be in the height or di-
rection OF The wound, assuming that the
party receiving the wound is either walk
Ing or running"
Mr.. Gould. who had been listening sus-
piciously as Stenographer Gait read the
question over several times for tho judges
benefit was on his feet in second OBJ
iectin=.
what IS the use OF all this?" he de-
manded, with an air Of irritation. Every
fact in the possession OF DR.. Carr as to
In, baf Io
placed before the jury just as clearly as
before the witness. The jury IS as com
petent to Judge of the different positions
Of the parties In the struggle as Dr.. Carr
in his examination
Mr. Gould said it did not require tech
nical skill to understand the situation.
and referred TO DR.. Carr as an alleged
expert He claimed it was not compe-
tent for an expert to testify to the rela-
tive position of two persons in a homi
eide when one Of them had been killed.
MIR. Gouid's Contention.
Here the District Attorney referred to
Mr. Douglass skillful phrasing Of ques-
tions.
NO matter in what language it may
masquerade, such a question should be
oyerruled - he commented.
Mr.. Gould said, assuming the qucs-
tion was answered. the answer would
possess no value to the defence unless
they followed II NJ with expert testimony
rs to the position OF Ayres and Mrs.
Bonine when they were engaged in the
struggle. He then read at great length
from a number OF authorities in support
Of his argument. all of which had decided
against expert testimony being admitted
in similar eases.
we are not here to consider that.
argued Mr.. Douglass. when Mr. Gould had
finished. authorities differ as to that
in every State in the country But
have here a decision Of the supreme Court
of the United States. made in the ease Of
Bran ". the United States, admitting OK
pert testimony OF the very nature 20 OBJ
iectionaDle to my friend, the District At
torney."
A Parallel case.
In the case referred TO by Mr. Douglass,
objection had been made to a question
asked medical expert "as to whether in
his opirioH a man could stand at the hip
Of a recumbent person and in striking a
blow on that persons head with an axe
be necessarily spattered or covered with
some of the blood"
In this case" observed Mr. Douglass.
the Supreme Court ruled the question as
competent. Furthermore the question as
sumed the position OF both parties: We
only assume the position OF the one"
Mr.. Could answering. said that in the
instance quoted by counsel 1t was a mat
ter of the expert possessing great arterial
knowledge.
sir. Douglass Argument.
"Is the muscular system any less COM
pleX than the arterial SYSTEM" demanded
Mr.. Douglass. explaining that It required
knowledge of the former to answer the
question in dispute and assuring the