Evening star., 1901-12-06

fred" added United States Attorney
Il think do quickly corrected DR..
Carr, knowingly.
Then you are wise man, indeed" COM
mented Mr.. Gould.
Lively Argument.
Attorney Douglass inquired il person
located on the fire escape, outside the win
dow, could fire into Ayres room, and TAX
ing into consideration the range and the
bullet, infict such wound as Ayres re-
ceived in the hip. a, person near the
entrance doorway of the room, but APP
preaching the window.
Mr.. Gould objected to the question on
the ground that DR.. Carr had not person
ally examined the wound on Ayres hip, and
should not be permitted to answer hypo-
thetical questions relating to- the wound
+ Attorney Douglass argued that DR.. Glaze
brook for the government had testified
along the same line He opposed the de-
fense being cut off from this line of expert
testimony for which the government has
set the pace
Mr.. Gould now grows weary of expert
testimony remarked Attorney Douglass.
Counsel accuses me of what is true of
the majority of the courts and the authori-
ties, replied Mr. Gould. They are grow
ing weary of expert testimony. The ques-
ton now before the court is one of COM
nonsense, and of common experience. Any
member of the jury is as well qualified to
answer it as is the witness. There Is
proper field for expert testimony in this
case-as to the distance an object fired at
would show smoke stains. the distance at
which it would be penetrated by powder,
and the distance at which there would be
Ignition
Mr.. Gould went on to say that the de-
fense had no right to infer from the OPEN
ing address to the jury in behalf of the
government that the person who fired the
shots was in the window and Ayres was in
the room.
In the course of long argument Attor-
ney Douglass declared that the govern
ment's representative had been wise enough
not to say in his opening that the shots at
Ayres had been fired from the window In
conclusion Attorney Douglass said:
IF the United States attorney will agree
not to argue that Mrs. Bonine shot Ayres
from the fire escape We will withdraw the
question and meet the government in the
new position it may adopt
United States Attorney Gould thereupon
tone never before used during the trial
One person. and only one person now
alive. can tell where Mrs. Bonne was on
the occasion in question. 1 do not know
whether we shall hear from her lips where
she was, but it is not for to locate her
at any given time. at any given spot
hen 1t comes to Il question of frank
ness, L will ask the counsel if he was
frank when he placed the construction
he just did on our opening address,
1t is not for the United States attorney
or his associate to pass upon the facts of
thls case declared Mr.. Could warmly.
Our duty ends when we put all the facts
in our possession before the jury in a fair
way Now l am getting just a little tired
OF nearing from counsel what the gov
eminent is claiming in this point or that
point 1t is for the jury to say what the
government has proven"
Attorney Douglass next spoke, and with
spirit. Whether Mrs. Bonine goes on the
stand or not" ne said. lit is not for coua-
a har nftn In hot
now or later. If he again adverts to the
matter shall challenge his right to do So.
We say right row and here that we stand
upon the statement made by Mrs Ronine
to Detective Horne Mr. Gould and Major
sylvester. If they think it false they have
had six months in which to prove it false"
The court sustained Mr.. Gould's objection
to the question that caused the discussion
and an exception was noted.
Other Questions.
''Would the position of the body of the
person receiving the wound have any ef-
feet upon the distance the muzzle of the
pistol would be-" Attorney Douglass then
asked
Il imagine" began DIR. Carr
Don't let your imagination run away
with you. DOCTOR" interrupted Mr. Gould
THE doctor is not going to run away"
declared Attorney Douglass.
I'm sufe the doctor would not run
away" added Mr.. Gould. Il suggested
that ne not let his imagination run away
with him.
Well" said Attorney Douglass. smiling,
''if his imagination ran away with him he
would of necessity go with it."
'Figuratively only remarked Mr. Could
The witness answered the question in the
affirma tive.
The defense next asked as to the probable
height of the muzzle of the pistol from the
floor in order to infiict the wound on Ayres'
hip, he standing at the time, and the pistol
being at a distance of twenty-four inches
from him.
MIR. Gould objected. quoting a decision
that physicians could not testify regarding
the position of the weapon by which a
wound has been inflicted
The court adjourned at 3:05 O'clock until
tomorrow at 10 O'Clock without disposing
of the question under consideration