Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-12-14
AN INGENIOUS SUGGESTION.
The Question by Which Young
LAWYER Won His Case.

The Question py Wnicn Iouh9
Lawyer Won His Case.
At the Metropolitan club in Wash
ing a group Of lawyers were discuss
ing the value of expert medical testi-
mony when a we'll known criminal
lawyer was reminded Of curious case
in Richmond some years ago.
AT that time," said the lawyer
about the most prominent physician
in the community was an exceptionally
learned and able medico whose name
for obvious reasons I cannot give. For
the purpose Of this story 1t will suf-
fee to refer to him as DR.. Morgan.
Now, DR.. Morgan one morning re-
ceived a visit from young friend,
very recently entered upon his practice
before the bar Of Richmond, who had
just been retained in his first impor-
tant case. Naturally he was very anx-
ious to win in his maiden effort, and
IL was with reference to certain phases
of the case that he sought the advice
Of his old friend, the doctor.
"The young lawyer explained to the
doctor that he was greatly perplexed.
1t was a poisoning case, and the
youthful attorney had been retained
to defend the prisoner, young wom-
an of whose innocence he had no
doubt 1t was, however, the lawyer
explained. not an easy thing to prove
the girl guiltless of the crime.
"An intelligent motive can easily be
assigned for the crime by the prosecu-
tion,' said the lawyer, for the reason
that her husband, the murdered man
was elderly, rich and ill-tempered to a
degree that made her life a burden.
Moreover, the wife is the only heir.
Now, have reliable information to the
effect that counsel on the other side
will offer medical testimony to show
arsenical poisoning
You say that you are positively
convinced of the young woman's inno-
cence% ,.
Positively was the young law
yer's reply. The girl is innocent, but
the evidence is Overwhelmingly in ia
vor, of the state. 1t will be easy to
prove that the pair lived unhappily,
that it was an uncongenial marriage
and that the traces Of arsenic were
found in the old mans body after a
suspiciously sudden death
1.-The case looked like bad one.
Dr.. Morgan was very quiet and
thoughtful for some moments. Then
he said: The medical experts will
probably produce in court the glass
tubes containing the drug. You must
ask them whether they tested the tubes
for arsenic before they experimental
with the fluids
81 see the point eagerly interrupt
ed the youthful lawyer. And IL they
should admit that they neglected to
make that test?'
"'Then you will put your question
in this form: as not arsenic used in
the manufacture of some kinds Of
glass%"
"The lawyer acted on the doctors
suggestion. The principal medical ex-
pert seemed taken by surprise and
finally admitted, after some beating
about the bush, that he had not tested
the tubes for arsenic. He was also
induced to concede that arsenic was
sometimes used in certain kinds Of
glass.
The young counsel. having obtain
ed these two answers. was clever
enough to cease his cross examination
at that point.
When he came to the summing up
Of the case he dwelt at length upon the
possibility that the arsenic had been
'sweated' out Of the glass and said
the neglect of the experts to test the
tubes should certainly be considered
as vitiating to a large degree, IL not
wholly. the medical testimony.
well, the young woman was ac-
quilted AS the other evidence was
purely circumstantial. the acquitting
verdict was given mainly because the
dangerous force Of the medical testi-
mony had been weakened by the old
doctors ingenious suggestion. New
York Herald.