New-York tribune., 1906-12-04

original notes. and each of them couldn't have
it, doctor went to a stenogTapher, Wholn ne
engaged upon that work. Where there We're
matters that he regarded as immatertal ne le1t
them out and sent each OF the physicians copy,
He Mills would say was as. there m TIIIn5ss -
Yes" He wouldn't ask these doctors "ha' Il
was.
Now. lust to contradict one statement he has
made These doctors all agreed that this girl
didn't drown. You take a lung, thin organ,
designed to contain air, you take IT ana MI u
with air. immerse in water and 1t floats, OF
course. That water in few days may go out
but if il goes it leaves these air cells broken
down and dead. and any doctor, whether the
water still remains or not can teiI WhetheF the
water has been in il. When the doctors found
where that blow had gone, and found what the
condition of the lungs was they needed 10 seek
no further for the cause of death
DEFENCE OF TRICKERY AND DEVICE"
This learned doctor says. No, it was caused
by drowning" That's what he learned when
he examined bodies He finds differently than
those other five doctors but it isn't under oath
He says these doctors get pay from the county
so does he, so do l. so DO all the judges. What
nonsense to address that to sensible men. There
We're the ruptured vessels the scalp shows dis
coloratiOn, the skull was omen The dura mater
was discolored and ecchymotic. He thought ne
could make people believe, because they didn
call il clot because they called II ecchymosts,
that therefore they had done something wrong
This man would have laughed in his sleeves II
this jury was misled by his argument. TO think
he had the ability 10 get UP and buldoze you
His whole defence is one Of trickery and
device; he hasn't got a word Of evidence, he
hasn't got a single fact in this whole
case but which points conclUsively tC the guilt
of the defendant OF the charge implied in the
indictment. The only defence he has is one or
trickery and device, from long experience 70
mislead some juryrnan.
AS the doctors say, this unconscious body
was placed in the water, and if there was any
futter of life the mere submerging would make
il cease He knew that the District Attorney
Office is here TO shield the innocent and prose-
cute the guilty, but he wants IL TO prosecute
ha nv bA ia 6HfAn6anL'S ATTORNEY
would like him TO prosecute.
I want TO say 10 you in this case there are
two parties interested. And the District Attor-
ney isn't one of these parties told you in ad-
vance and I tell you now that IL isn't that
much (snapping his dngersl Importance 10 me
what the verdict is In this case; am the least
The only people who are interested in your
verdict are the people OF the State OF New forS'
and l am their spokesman. I may not be able
to I'LL the bill but I getting my salary. and l
am going TO do the best l can. When 1 have
spoken for them 1 don't care the snap OF my
finger what your verdict is
The people are interested. and then come the
lawyers for the defendant If they can bring
this man free with all this awful evidence sur
rounding him, it will mean that they have
achieved a remarkable triumph. II is great; II
is great in its syness, in its skill and great IN
its boldness, the plea that the counsel mas JUST
made. II is great in the boldnesS IN Whlch ne
has misquoted the testimony, IN the noldness
with which he has tried TO convince you tnat
this poor. innocent boy came down mere from
Cortland County and fell among thieves II Is
great in the boldness with which ne tries 10
make out that between the sheriffs and all the
Judges and l think he will say all the Juryrnen'
we entered into conspiracy together 70 do-
prive him of his liberty and lnflct punlsh1lehl
upon him while he was the only innocent man
IN the bunch It takes bold effort TO appeal 70
such Jury. If there was any evidence ne "oulo
not have TO make il.
I want YOU TO remember to decide this case on
the ey1dence-that means the sworn evidence
and not this misquoted and raIslned eVl9snCe @ a0
Won heard II from the learned counsel You are
sworn TO take this evidence, TO take the evidence
of these physicians.
At this point the prosecutor stopped abruptly
and court adjourned until $50 o'clock to-ulor-
row morning, when the District Attorney viii
resume his argument occupying the forenoon
session It is expected that hte case VIII go TO
the Jury tomorrow afternoon