Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-01

the body was taken from the river and the
day following In their testimony they
were asked to state fully what they did
and what they observed in performing
the autopsy. SO far as Is material to this
their testimony was, In sub
stance, that the clothing was wholly
removed from the body; that they made
an inspection of the body and on the face
there were como marks Hike punctures or
scratches, upon the left ear there was u
cut, and over the right eyebrow there
was a slight and insignificant looking
bruisc; that the skin over q portion OF
this bruisc was slightly broken. may I've
a. quarter Of an inch and not over half an
inch that they removed the brain from
the skull and in so doing they inspected
the underside of the hruise over the right
eye. BY such inspection that bruise was
found to be somewhat more extensive
under the skin than appeared externally.
Tho brain was found to be In a normal
condition. The lungs and heart were re-
moved and inspected. and evidence was
given particularly concerning these organs
and their condition. Wet saw dust and
sand were found in the clothing, In the
hair. in the mustachc. in the hollow OF the
cars. in the mouth. and about the teeth.
The CLOTHS was found closed and no for.
cign substance of any kind was found
below IT, Not only do neither of these
PHYSICIANS testify to finding fracture
s,,ch as is described by the affiant Haus-
slor but DR.. Potter after describing what
they did ind as above stated, expressly
says he thinks that was all the scars or
marks they found on the body. 1t is in
ix..t1, hnu a
have been upon the body and these doc
tors performing the autopsy as they did
not discover it. Further. the chloroform
in it with the two handkerchicfs wound
around it wrapped in a paper. was found
under the water closet where Leon testi-
fed that he put it and when thus found 1t
had the smell of choloroform. DR.. Daley
in testifying was asked the question:
Suppose handkerchief were saturated
with chloroform, with a considerable
quantity of it. and that the handkerchief
so saturated was applied with force and
held TO the subjects nose and mouth and
retained there for some time, two or three
minutes. what would you expect would
naturally follow from that application OF
the chloroform?'
1t Will pc nOtlcPu tNdt WIS HNP
question is based upon the evidence as
given by Leon Perham in describing now
the crime was committed. The doctor
answered: 4 should expect 1t would pro-
duce n spasm of the CLOTHS. the CLOTHS
would shut tight. and held for two or
three minutes there in that manner that
operation, that proceeding, would cause
death by asphyxia or smothering This
ia ,i mil
ion death was caused by asphyxiation
produced by chloroform applied in that
wav Doctors Potter and Wiltse gave
their opinion to the same effect In adj
dition to this Leon Perham in his cross
examination expressly states that neither
he nor the petitioner struck Marcus
Rogers any blows at the time of the
homicide In view of the evidence given
at the trial in this respect. we do not
think the testimony of the afiiant Hauss-
Ter is of sufficient force to create any
doubt in the minds of a jury upon the
question of the cause of death.
THE QUESTION OF INSANITY.
The opinion further says:
| "rhe only other ground upon which the
petition is based is that Of the mental
cOnOlt1On OF IN" pttltlOHtt u-ii eiV St''iS'
was committed. Tho other affidavits at
tached to the petition bear upon that
question and it is argued that they tend
to show that the petitioner was then in
sane and not responsible for her acts. or
at least that they are sufficient to re-
duce the degree of the crime
1t then reviews the five iafndavits sub
mitted on this point and finds as follows:
|. "These five affidavits are In substance
| tho sam, regarding the petitioners low
order Of intelligence. hut this fact neither
shows nor tends to show insanity"
nR. MwAYNE'S AFFIDAVIT.
| After reviewing the affidavit submit
ted by DIR. Leroy D. McWaype Of Hoosicl
| Falls which stated in effect that on salt
Sunday. August 10, the petitioner was
temporarily insane. caused as tho afiant
believes by pregnancy, in which oondi
ticn she WIS at that time.
| THE only force which can lie given t.
this affidavit as to what Marcus said is
that it served to call the atlantis atten
tion to the condition of tho petitioner
other than that it is hcarsay and canno
be considered The affiant testifcs thai
the petitioner called at his office on thu
date named and dema nded that he SHOULD