The San Francisco call., 1904-03-25


suggestions as TO pertinent questions
to be asked of the witness.
Both morning and afternoon sessions
there was a constant turmoil engen-
dered by the spats between counsel for
the opposing sides. Byington and Fer
raj were on their feet half a hundred
times to protest at the insulting tones
they claimed Knight used in his cross
examination of witnesses. Knight came
back readily with denials and denun-
Citations. and everybody except Judge
Cock seemed to enjoy it, He repri-
nanded knight twice and finally for
bade him to below his questions at
Thereafter Knight lowered his voice
and things went more. smoothly. But
he had his say beforehand.
I deny that my voice is other than
it should be. I am using a plainly
audible tone and not one of those
squeaky voices l hear from the other
side that sounds like a rusty hinge on
a barn or a cross between the yOwI of
a pup and a cat
Assistant District Attorney Ferral
was talking in the meantime. What
he said was lost in knights tones for
the most part, but a protest from him
against "any more of this tin thunder
in this trial f1oated out Of the whirl-
wind Of sound and found rest in the
stenographer's notes.
Superior Judge Thomas j. Lennon Of
Marin County sat with Judge Cook dur
ing the afternoon session and followed
the proceeding with much interest.
BREAKS INTO TEARS.
Mrs. Isaac Tuchler was the first wit
ness Of the day. In July. 1898, she was
Mrs. Grace Harris and clerked at the
City Of Paris store. She testified to
selling two handkerchiefs to Mrs. Bot
kin Of character similar to the one
which was contained in the box of
poisoned candy received by Mrs. Dun
ming at Dover. She was positive that
the defendant was the woman who
purchased the handkerchiefs Mrs.
BOtkin stood up during the identifica-
tiOn at the request of Attorney Knight
and gazed defiantly back into the eyes
Of the woman who was testifying
against her.
1t was during the cross-examination
that Mrs TuchIer gave way to tears
Attorney Knight was going into her
varied matrimonial ventures. After
ascertaining the time and place of her
birth the attorney asked her if she had
been expelled from Notre Dame con-
vent in San Jose. Judge Cook sus-
tanned an objection to the question.
The attorney then drew from the wit
ness that she came to this city and en-
SaSCl III the
What did you do after that?"
asked knight.
Il was married"
Ito whom 2''
''To a man named Thomas Pierce"
rs he alive or dead?"
Il don't know. 1 was divorced from
him"
Mrs. Tuchler was plainly on the verge
Of tears and looked appealingly toward
TrTE l.
testing against what he called the in
sulting tone of the counsel.
After Pierce what was your name?"
persisted Knight remorselessly.
Harris" answered the witness.
Where is hep
He died in 1896"
Were you living with him them"
A torrent of tears burst from the wit
ness. Mr. Knight" she sobbed. you
witness in this case. You know can't
protect myelf and 1 think it is cowardly
IN you"
KNIGHT is UNMOVED.
Byington and MCGOWAN were on
their feet, shouting at each other, and
knight was fiouting the show of emo
tion on the part of the witness. These
fearful plays don't buy anything with
me-" he exclaimed. i've seen too many
of them. Don't appeal to me for pro-
lection; appeal to the court"
Order came about some way and the
witness, relieved by her outburst. went
through the remainder of her exam
ination aridly. The remembrance of
Mrs. Botkin was particularly impressed
on the witness because of the re-
semblance the defendant bore to the
witness mother and this resemblance
had been a subject of conversation be-
tween the two at the time of the pur-
chase.
DIR. T. w. Stone of Stockton follow
ed the candy makers and told of hav-
ing been called to treat Mrs. Botkin
for grip on July %, 1898, at the home
of Mrs. Ruoff in Stockton. In addition
to his visit that evening, he called
twice the following day and at all
three interviews the defendant ques-
toned him concerning the effects of
the administration of arsenic. He said
he thought she was joking and told
her that if she contemplated suicide,
she would better take morphine, as it
was less painful. She persisted in her
queries concerning arsenical and
strychnia poisoning and under her
he detailed the effects of
the two poisons and told her the
amount that would prove a lethal
dose.
Under cross examination DIR. Stone
said he had never narrated these con-
until after the conclusion
Of the first trial. Attorney Knight
tried to embarrass the witness by ask
ng him if he was in the habit of dis
closing conversations with patients,
held professionally. but the doctor