Waterbury evening Democrat., 1905-12-16
MURDER TRIAL
Claim That Leonard and Cenesky
 Plotted Against Bassett.

Plotted Against Bassett.
 The real fight in the Bassett murder trial did not begin until late yester. day forenoon when Dr Michael !. Don ahue took the stand for the defense. | With Dr Moriarty he has been con- ducting the medical end of the de fenSe, and what was stated in tie Democrat early last week at once be- came apparent, that the defense would De based on three things: negligence, or improper knowledge on the part of those who had old man Lockwood in charge after the assault, and that he was not in healthy physical condi- tion, and lastly that Rassett did not take any part in the assault
 Before the trial began it was stated that counsel for Bassett, Leonard and Cenesky and Preston said that Bas, sett could not be convicted without the evidence of Cenesky and Leonard. and It has now been shown that this IS so. So far they have been the only witnesses who have said that Bassett struck Lockwood, so that excluding their testimony there is no case what soever against Bassett. Attorney Rus sell will claim later on that Leonard and Cenesky planned to put the entire responsibility of the old mans death on Bassett in order to save themselves and as he has laid the foundation for tnat claim by trying to show collision between them in the earlier period of thelf confinement in jail. As Preston was able to see who was approaching I us cell by means of small mirror NIT Russell will claim that Leonard l ana Cenesky were also able to com municate with each other with as little enort as Preston was able to see along the cell corridor with his glass. 1 Evidence on the alibi has been II. ready taken and the evidence on the vital point in the case. that Lockwoo1 nad physical disorders peculiar to one oi ms age, 79, and therefore did rot ale from the effects of the assault. is oelng taken. That it's importance is or me most vital character is evident rom the presence of Medical Exam- iner Crane seated near Attorney Kel- iogg, taking in every word spoken by tne doctors for the defense. Ihough Attorney Kellogg said yes- teruay afternoon that he would nat take up the time of the court ouestio,,- Ing pr Donahue after he had said Wouio dle anyway of kidney disorder on Aprli II, 1905, he nevertheless did quesuion him and took up a lot of time. In fact, from 11:3O to 4,3O yes terday when court adjourned the room was like the recitation room of med ical college.
 Dr Donahue. after saying that Lockwood would have died anyway on Aprh II of physical ailments common 10 one of his age, Attorney Russell | took him in hand and had him ex- piaan. He said that of course he did not mean that he knew Lockwood would die on April II under any cir. cumstances. but he did mean that the kidney trouble would eventually carry, on the old man. He would not entire ly exclude the influence Of the wounds he had received as a partial cause of ! his death,
 MT Kellogg asked him a question which embraced all the features of the assault, and Attorney Russell ob- Jected on the grounds that the eyi- dence of the assault waso only the evil dence or accomplices. The question was allowed. however. and the answer was that from the report of the au- topsy he would say that the condition of the old mans health at the time of the assault was the deciding cause of his death. The shock wore off fin . few days while the concussion remain ed longer, perhaps until the wounds had entirely healed. Up to that time the brain had refused to act.
 Doctor" he was asked, awouId you state positively that the assault did not hasten the old mans end?"
 Tn view of the report of the autop- sy would say that the wounds made by the revolver and the gun did not cause his death." was the answer. "Ilhe number of wounds would of course increase the severity of the shock. There was also danger of blood poison, but the wounds had no absolute influence in bringing about the old mans death. The danger of shock" he continued, would pass in few days and there was no danger of blood poison after the wounds had healed"
 The doctor would not say what wound was caused by the musket and what by the revolver. There was no concussiOn or confusion after four days and he would further say that the wounds did not accelerate the kid ney disorder. and he believed the old man had a diseased heart. His vital ity responder to the demand made by the wounds and further demand was made after the wounds had healed by the condition of the. heart and the kid neys. This concluded the doctors tes- timony for the time and Dr James l.. Moriarty was called.
 Attorney Russell was just about to fire his great hypothetical question at the doctor when Judge Robinson ad- journed court 10 Tuesday morning at 9:30 o'clock.
 This hypothetical question Is a corker. It is as long as the average chapter of the average novel Tn the trial of Andrew Ashborne against the town of Waterbury Attorney 0'Neill asked a hypothetical question five misutes long. Attorney KelIogg's in this case is about fifteen minutes long and Attorney Russeirs three minutes longer.
 Dr Donahue. tg the way. has the reputation of being one of the most studiOus doctors in the city.
 Wonderful Instrument.
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