Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1906-10-31
AN INGENIOUS SUGGESTION
The Questions by which N Young
lawyer Won His Case.


At the Metropolitan club in Washing
ton group of lawyers were discussing
the value OF expert medical testimony
when n well known criminal lawyer
was reminded OF Il 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 l cannot give. For
The purposes Of this story il will suf-
Gee 10 refer 10 him as DR. Morgan.
Now. Or. Morgan one morning re-
ceived Il visit from a youn. friend.
very recently entered vlon hi{practice
before the bar OF Richmond. who had
just been retained in his FIRST important
case. Naturally he was very anxious
to win I'm his maiden effort. and il was
with reference 10 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.
Ii was poisoning case. and the youth
full attorney had been retained to de-
fend the prisoner, a young woman 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-
ton said the lawyer. for the reason
that her husband. the murdered man.
was elderly. rich and i'll tempered to
degree that made her life n burden.
Moreover. the wife Is the only heir.
Now, have reliable information 10 the
effect that counsel on the other side
viii offer medical testimony to show
arsenical poisoning
You say that you are positively
convinced of the young woman's inno-
cenceT
Positively was the young lawyers
reply. The girl is innocent. but the
evidence is Overwhelmingly In favor Of
the state. 1t Will be easy TO prove that
the pair lived unhappily, that 1t was
an uncongenial marriage and that the
traces OF arsenic were found in the old
mans body after a suspiciously sudden
death
The case looked like n 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
i see the point eagerly interrupted
the youthful lawyer. And II they
should admit that they neglected to
make that testT
Then you will put your question
in this form: rs 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 vitating to large degree, If not
wholly, the medical testimony.
Wen, 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
York Herald.