The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-12-07
AN INGENIOUS SUGGESTION


nv uN01sNsOSS WV
The Questions by which . Young
Lawyer Won HIS Case.
At the Metropolitan club In Washing
ton a group Of lawyers were discussing
the value of expert medical testimony
when a well known criminal lawyer
was reminded of a curious case III
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 it will suf-
fee to refer to him as DR.. Morgan.
"Now, DR.. Morgan n morning re-
ceived a visit from a young friend.
very recently entered upon his practice
before the bar Of Richmond, who had
just been retained in his first important
case. Naturally he was very anxious
to win in his maiden effort, and it was
with reference to certain phases of the
case that he sought the advice of his
old friend the doctor.
1.-The young lawyer explained to the
doctor that he was greatly perpleXed.
1t was a 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-
tion.' said the lawyer. for the reason
that her husband, the murdered man,
was elderly, rich and i'll tempered to a
degree that made her life a burden.
Moreover, the wife is the only heir.
Now, l 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 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 it was
an u~ncOngenial marriage and that the
traces of arsenic were found in the old
mans body after a suspiciously sudden
death
1.-THE cas- looked like a 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 If they
should admit that they neglected to
make that testY
"'Then you will put your question
In this form: rs not arsenic used in
the manufacture Of some kinds Of
glass?"'
1.-THE lawyer acted on the doctors
suggestion. The principal mVlical 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, If not
wholly, the medical testimony.
well, the young was ac-
quilted. AS the other evidence was
purely circumstantial, the acquitting
verdict was given mainly because the
force of the medical testi-
mony had been weakened by the old
doctors ingenious suggestiOn."-New
York Herald.