The Owosso times. (Owosso, Mich.) 1897-1926, 1906-06-15

Suppose the witness knows of it ant
entered in his general books a charge
for other goods upon that occasion
would not the fact of what the book.
show be competent evidence?
Court: think the muff question
and these goods are out of the case
being collateral matter it is out of the
case"
1t is said in the brief for the people
that "even if it were error to call
Washington Snyder, which is by nc
means conceded, he was not permit.
ted by the court to give any testi-
mony which contradicted respondent
upon this matter. He was allowed to
answer few preliminary questions
but nothing which would in anywise
impeach the respondent" To pro-
duce the merchant with his books to
proceed to the point of impeachment
to argue,- in the presence Of the jury
the right to impeach and to use in
the argument alleged hypothetical
statements covering the very fact
claimed, by insinuation and by refer
ence, to exist, is likely to have all of
the effect obtainable from open contra
diction and impeachment. This court
will assume in this case, that the offer
to prove was as prejudicial as the evi-
had permitted the fullest impeach-
ment..
(2) Ira Wright boy nearly IA
years of age, was the nephew of re-
spondent. His mother is living, but
he had as a baby been taken by and
had lived with respondent as a men,
ber of her family. The testimony,
not disputed, is to the effect that re-
spondent treated him like a son, kept
him clean, sent him to school and
appeared to love him. He had reach
ed an age when his services may be
supposed to have been of value to re-
spondent. He died some four months
before Leachman's death. DR.. Bruce
began to treat him early in June 1908
He had known him for six or seven
years. He described his symptoms
and his treatment. He was brought
to his Office by respondent. There
was no attempt on her part to keep
the doctor from making as complete
and thorough examination and di-
agnosis as he saw fit; he asked her
questions in the presence of the boy
and also asked the boy questions; he
again saw the boy at his office and
afterwards at Mrs. Collins home and
examined him and made inquiries of
both Mrs. Collins and the boy in re-
gard to his condition, and continued
to treat him until the 18th or 18th
of June, when he went away for a
week, returning June 20. DR.. Shoe
ing the absence Of DR.. Bruce, made
his first call on him the 18th of June.
DR.. Shoemaker described the symp-
toms as he found them. He saw no
symptoms during his treatment of
Wright that he recognized as indi-
eating arsenical poisoning. On redi-
rect examination, he was asked this
question:
20. Doctor, looking back over the
case now and the symptoms that you
have described, what do you say as
to whether or not they are the symp-
toms of arsenical poisoning? A. TAX
ing in connection with the finding of
the chemist? @. Looking back over
the case now, doctor, you may state
whether in your opinion those symp-
toms that you saw Ira Wright suffer-
ing from, are some of the symptoms
of arsenical poisoning. A. They are.
@. State to the jury whether or no in
your opinion they are all consistent
with arsenical poisoning. A. They
are"
On re-cross-exam he testified
that the fact claimed by the chemist
to be true, namely, that he had found
some arsenic in the organs Of Ira
Wright, was one of the things which
caused him to believe or to think
that possibly the symptoms or some
of them may be due to arsenical
poisoning; that IL the chemist had not
found traces of arsenic he would not
recognize the symptoms or attribute
them to arsenical poisoning; that the
symptoms were consistent with some
other disease. The body of this boy
was exhumed and found to be some
what decomposed, the stomach and
other organs sent to Ann Arbor, and
there examined by the chemist. The
chemist found, he says, in the stom-
ach, liver kidneys, spleen and bladder
about one-tenth Of grain of arsenic.
The prosecution was permitted to lay
before the jury the evidence of the
death of this child, respondents care
of him, the discovery of the arsenic
in the remains, with other details. It.
is not claimed-is expressly disclaim-
ed-that there was common scheme
~ n1op apohracinO or tha killing of hoth