The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-09
Defence Follows Suggestion
Of the Court.
DR.. CARR'S EXPERT TESTIMONY.
Course Of Bullet Would Not Have
Been Influenced, He Said, Had
Census CLERK Been Running
or Walking.

l.
causing 50 many hours of debate between
the lawyers connected with the nov
famous trial and delaying the conclusion
Of the case at least one day if not longer.
The intcrrogatory was Dropounded by
Mr.. Douglass while DR.. ". P. Carr. a
witness for the defence, was on the stand
It was as follows:
In your opinion, what difference.
If any, would there be il the height
or direction of the wound (that re-
eeived by Ayres in the hip), assuming
that the party receiving the wound
IS either walking OF runnIng?-'
Justice Anderson held that the answer
to such. a question must necessarily bs
speculative and that the members Of The
jury were as competent to answer il as
the witness, and that reply On The part
Of Dr. Carr would 5us hinder the eoncIu-
sion Of the case. The court suggested
that the question might be asked IN an
other form, to which counsel for the de-
fendant aceeded. The Interrogation as
finally put was answered by the witness.
who said the height nor the direction
Of AyTes- hip wound would have been in
fuenced had he been running O.. walking
when it was inflicted.
Court Late in Assembling.
It vas 1890 when Justice Anderson
same into court this morning and the
BoniRe trial was resumed He was fol-
lowed by his eolored messenger carving
a number Of law books. from which the
judge read numerous extracts before ren-
dering his decision on the question in
dispute.
I have examined the question which
was under discussion Saturday. ne began.
Without passing upon the legal proposi-
lion involved. it is proper that 1 should
say At the threshold that this question
lacks the necessary facts on which to
base an answer. The only intelligent an
swer would be that there was difference.
It is self-evidert fact, and the jury can
answer { self-evident fact as well as the
doctor. 10 man can answer it unless he
bases it On the relative position OF The two
parties.
Therefore. unless the expert is so IN
formed he cannot answer the question in
telngently.
Would Hinder the Conclusion
''An answer to this question would hin
der the jury in their consideration Of The
evidence.
To allow the question to be answered
in its present form would be 10 embar-
rass the jury 4 rational answer to It
cannct be given
III give the counsel a chance TO re-
frame the question, OF viii dIsUose. OF
the whole matter now. assuming that the
question covers the relative position OF
the Parties e. the tine OF the inaicting
OF the wound"
To Reframe the Question
Mr. Douglass said he would accept the
judges position and frame the question
in another way
Judge Anderson suggested II would be
better TO place it in q less Objectionable
form
Mr. Douglass said: 1T would now be
proper to bring the jury IN and have the
question formally overruled. and then We
viii put it TO Dr.. Carr IN another way
Judge Anderson then declared the ques-
ton overruled
Counsel noted an exception to the ruI-
ing and before proceeding further engaged
II earnest conversation with two of their
Question Finally In.
Mr. Douglass then asked the question
in several different forms, every one
meeting with objection from the District
who was sustained by the court,
the defence noting an exception in each
instance.
In view of the location of the hip
wound. as described by Dr. GIazebrook.
state whether or not the wound could be
in its height and direction, or
either by the fact that deceased was or
was not walking or runnfng?" was the
manner in which Mr. Douglass finally sue
eeeded in asking the question. without
meeting with an objection from the Dis
-rict Attorney
'It would not materially influence it, as
understand it. replied Dr.. Carr.
Why asked Mr.. Douglass.
Objection by Sir. Gould.
Dr. Carr started to speak Of some ex-
periments he had made relative to the
subject in hand, when he was interrupted
oy Mr. Could, who objected to the witness
giving such testimony
DR.. Carr was finally permitted to say
hat ne not only based his knowledge on
he result of his experiments and tests,
but also upon his knowledge Of the human
anatomy.
Mr.. Gould here arose and addressed the
court. Saturday" Re said. counsel for
he defence and rn.aas- made an agree
nent that we would not consume any
more time in the discussion OF legal
points. and yet it seems as if We are to
seecme invcleed again in technicaIities.'