The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-05

As q secondary defense in the Biliiott
murder ease. Attorneys O'Brien & Mar
II, are irving To prove that Herbert did
no; die from the wound Billiot Is al
,eped 10 have inflicted. but from the
nfrer,s of improper surgical treatment.
rne stabhine afrray occurred on sun
dav night, October I. 1900. The wound
was Ascwed up that night, but on the
following Wednesday night it was re-
opened and an operation performed TO
n,cyent scptic pcritonitis. which, all
the physicians agree. was the immedi-
ate cause of death.
The primary defense is mistaken
identity, but before the case is sub
mitted. it would not be surprising If
th, two lines of defense would change
places.
Court room No. was thrOnged WITH
spectators from the time Judge Gordon
ascended The bench until adjournment,
and not a few of the on,ookers were
lawyers.
Coroner ]. j. Roberts the first wit
ness for the commonwealth. after tell
ing of the death and testifyng that
the stab wound was the primary cause.
was taken in hand by Attorney O'Brien.
Gu crcss-rXa mination. and induced to
admit that from his knowledge of the
case. Herbert's life might have been
saved had the operation OF Wednesday
night been PERFORMED on Sunday night.
He said an examination of the wound
should have been made at once to as
certain if an intestine had been pune
tured. If this operation was delayed
until Wednesday night the witness
said. it was not, IN his opinion, good
surgery.
DIR. DAYS TESTIMONY.
DR.. Day. of Carbondale. who was
called to attend Herbert. Sunday night,
testified that he found a three quarter
inch wound in the abdomen. from
which an intestine protruded. He found
no evidence of an incision or puncture
of the intcstines. and after pushing
back the protruCling intestine. washed
the wound and sewed it up loosely
with three stitches. allowing a slight
opening for drainage. He did not place
any drainage tube in the wound.
The next day he called DR.. Shields in
consultation. The stitches were taken
out and the wound cleaned The next
morning. Tuesday, the two doctors.
upon visiting Herbert again. found
there had been a discharge Of focal
matter. Indicating puncture of the
bowels. Then they called in DR..
Wheeler and the three decided to call
DR.. Reed Burns. of Scranton, to per-
form the operation necessary to close
up the puncturcd intestine. DR.. Burns
found the puncturc. sewcd it up and
closed and dressed the abdominal
wound. Herbert was operated upon at
DR. Wheelers private hospital.
Or. Shcld:; told. on direct eXamina-
ton by Mr.. Thomas, that the treat
mcnt given by DR.. Day was in accord
with good surgery. but on cross exam
ination Mr.. Martin induced him to re-
luctantlv admit that the operation that
was performed Wednesday should have
been performed Sunday night
DIR. Wheeler was subjected to a
lengthy examination. both direct ana
anything that would tend to strengthen
the contention of the defense. The only
thing Mr., Martin got him 10 admit was
that it is no difficult matter to find a
runctuc in an intestine. The intes-
tines can be drawn out through the
wound ana examined without causing
any harm.
THEORY OF DEFENSE.
What tho defense has to combat the
commemorative identification of Bill
oft is awaited with interest. a hint
was sNon ir the cross -eXamina ion OF
1'npstubir Marry who ado III, u,.rpcf