The Washington times., 1901-12-06
STRATEGY OF
THE DEFENCE.
Indirect Evidence in Mrs.
BOnine'S Behalf.
ONCE RULED OUT BY THE COURT.
Tits Between Opposing Lawyers
DIR. Fry Testifies Regarding
Underga4ments Worn by the
Prisoner -Laundress on Stand

If the theory which counsel for Mrs. Bo-
nine has advanced as to the killing OF
Ayres ever possessed any strength. that
strength was strongly demonstrated yes
terday. 1t was Mr. Douglass, senior c9un-
sci for the defence, VINO made this appar-
ent in a series of moves which forced evil
dence before the jury that Judge Ander-
son had ruled out at the beginning of the
session as decidedly incompetent.
This coup Of the defence is the strong
est point that has been made for Mrs.
Bouine since she was placed on trial. Mr..
Douglass was endeavoring to prove by DR..
Fry's analysis of certain undergarmeats
the physical condition of the defendant
on the night she went to Ayres room. in
order to Offset the allegation insinuated
against her of having Interior motives
for this visit.
The Ruling of the Court.
Judge Anderson, who had the admissi-
bility of this testimony under advisement,
decided in the morning that it could not
be considered, but Mr.. Douglass got it in,
much to the chagrin of the District Attor-
ney.
ing, which settled the matter, as the Gov
ernment thought, Mr. Douglass, in a num-
her of questions skillfully phrased sue
ceeded in extracting from DR.. Fry suf
fcient information on the point to enable
the jury to grasp the whole matter.
| Mr.. Gould Makes Protest.
1t was here Mr.. Gould protested against
~.
conducting their examination. He wanted
! Information from Mr.. Douglass as to
whether the jury had eyes or ears in such
a situation.
You have accomplished by indirection,"
said MIR. Gould, grimly. what the court
F.! has ruled that you could not do directly"
/ Mr.. Douglass. addressing Judge Ander
son, said he was positive he had not com
mitted any improprieties in the conduct Of
! this case.
You have not committed any, Mr.
I Douglass said the judge, politely. THE
/ evidence submitted by yoa has been
strictly in conformity to the ruling of this
( court"
withdraws His Objection.
As the result of this testimony and the
position in which it left the evidence be-
| fore the jury. Mr.. Could withdrew his OBJ
/ lection to the admission of the testi-
mony of DR.. Fry as to his analysis of
| the garment.
| During the three weeks of the trial
every witness testifying as to the finger
marks on the curtain and window sill of
Ayres' room has been subjected to a
most severe cross examination by Dis
trict Attorney Gould, especially when
they ventured an opinion that the marks
were made by the hand of a woman. So
it came as a surprise yesterday when Mr..
Gould admitted that finger prints we're
made by the bloody hand OF the defend
ant.
DR.. James Carroll was giving the result
of his measurements OF the marks. when
he was asked by Mr.. Douglass il he
thought they had been made by the
thumb and index finger of a left hand
4 Tardy Admission.
"Oh. what's the use of al this?" de-
manded Mr. Gould. YEARLY. I'VE admit
these marks were made by the defend
ants hands"
"If you had admitted that earlier" said
Mr.. Douglass quickly. I'VE would not have
consumed SO much time on this line. This
trial has been going on for three weeks.
and this is the first time you have made
any admission Of this nature.
I'VE have not only admitted it, but
claimed it all along" persisted the Dis
tTict Attorney
Mr. Gould then proceeded to speak in
a rather scathing fashion regarding ex-
pert testimony
Gould Criticises Expert Testimony.
I'VE are being introduced he said. ito
a new sphere OF expert testimony. the
Identification of finger prints. l believe
there has only been one work written on
this subtect-'Pudd'nhea Wilson It is
beyond the realm of any expert to specify |
which fingers are responsible for these !
marks"
Mr. Fulton said he did not care SO
much about the testimony, but he wanted |
to show the jury how the finger marks |
conformed to the left hand OF the de- |
fendant.
What was the question:" asked Mr..
Gould. ''The defence changes attitude so
often I can't keep track OF them"
We have not changed a particle"
said Mr. Douglass, sharply.
DIR. Carroll ON the stand.
DR.. Carroll is a graduate of the Uni
versity Of Maryland. He has taken a
special course in bacteriolOgy at Johns
Hopkins Hospital and also devoted ten
years TO the study OF blood tests. In such
tests. Dr. Carroll declared, the only abso-
lutte test. in his opinion, was the spectro-
scopic. The Governments expert. DR..
Schaener employed but one test, the
micI oscopic.
Witness then gave the result of his ex-
perimepts to find bloodstains On Mrs.
Bonine's wrapper. During his testimony,
which was identical with that given by
Dr. RUifin on Wednesday, Mr.. GC aid said.
as Dr. Carroll worked with Dr. Rufin,
and was using that gentleman's notes as
to the tears and stains in Mrs. Bonine's
wrapper, why not save time by allowing
him to say his testimony was just the
same as Or. Ruihn's.
1--WE don't care to have DR.. Carroll
come here and simply sign his name 20
DIR. Rufin's statement. We think his tec
timony deserves more individuality" an
swered Mr.. Douglass.
We are not here TO exploit experts.
Not that / mean TO cast any reflection on
DR.. Carroll" replied Mr.. Gould
Found Blood stains on the Yoke.
Dr. Carroll had been reading a type
written compilation of notes made by him
self and his colleague. Mr.. Gould in
sisted that Dr. Carroll read from his
original notes. This the judge ordered
done. The witness said he found blood
stains en- the yoke OF the wrapper.
1T was dried of course, and appeared |
10 be diluted"
This was a confirmation Of Mrs.
BoGine's statement that she had washed
the garment.
AssnYt rI,t In Ia