Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-30
Afternoon Session.

Afternoon Session.
AT the opening Of the afternoon Sos
sion. Prof. Whittier was recalled to the
stand and the direct exaninat ton by
County Attorney Leigh was continued.
Mr.. Heath stated that in justice to
the prisoner he could not cross-cxaminc
Prof. Whittier until after DR.. Suke-
forth tn. third Of the three doctors
who performed the autopsy, had been
examined. County Attorney Leigh
said that he did not think that the
counsel on the other side had the right
to dictate how the government officers
should take out their testimony.
Counsel Heath said that he was max
ing no motion-only giving notice of
his intention to make the motion.
Judge Peabody said that the exami-
nation Of Prof Whittier might con-
tinue.
@. Now Professor. from your
examinations and experiments upon
this skull. can you state through what
parts Of the brain of Charles Nnrthy
the bullet which caused death. passed."
a. II can"
Q. "WilI you please do SO"
Mr. Heath. Il object to the witness
answering. 1t has been stated by the
governments own expert witnesses
that AL briiuS arc not alike. This wit
ness cannot tell the result Of his eX-
I"rimcnts on another brain and apply it
to the brain of Charles Northy which he
did not examine or experiment upon"
Judge Peabody ruled that the witness
had been called and had qualified as an
expert and would BE- allowed to give
the result Of his experiment. after the
question had been put 10y the county
| attorney i'll another manner. tut ma
t"rially aud substantially the same.
FIR. Ii, dth asked exceptions.
Witness testified that il lis opinion
the bullet entered and passed throug Ia
the principal parts of the right and left
hcmisphercs of the brain including the
vitality important right aud left interior
capsules. III his opinion the bullet
| passed through the brain without
| rotatnG-in Il direct line that did not
divcrge from tho course assumed at
the entrance Of the skull over the
| right third frontal conclusion. or as it
| is commonly called, the "toiuple.'
Th" witness was asked if II" had a
human brain in his possession.
| 81 have" hc answered.
! "Th'n Professor Whittier" ,aId the
| county attorney. Il want you to pro-
| duCe that brain and tit II into Charles
| Northy's Skdll, and repeat her" before
| the jury the experiment you made in
| your laboratory and upon which you
have Just testified" Professor Whit
| tier left the courtroom to secure the
| brain to pc used in Tie experiment.
| Counsel Heath offered an objection
| TO this procedure and the question was
| submitted to the court as to whether
| the evidence would be admissible or
| not. A somewhat lengthy argument
| followed. Mr.. Heath asked that he
| be given until Friday morning TO pro
| pare To argue his objection. and offer
citations Of cases bearing upon the
question involved.
The county attorney said that as tho
| defence brought into the case a young
| man to represent Charles Northy. he
did not see why the government could
not produce a human brain to repre-
| sent the brain of Northy with the same
| objective point in view; mainly to aid
| ton and situation Of the original OBJ
| ject thus reproduced.
| A short recess was taken to allow
the counsel for the defence time to look
| up the citations for reference in argu-
| ing the point of law pertaining to the
| question involved.
During this recess. Mrs. Cooper was
in conversation with Or. w. p. Cid
| dings Of Gardiner. the family phvsi-
| clan. who has also been summoned as
a witness for the defence. Mrs.
Cooper has been suffering from a
| stomach complaint for the past few
| days-nothing serious. according to her
husband. and DIR. Giddings prescribed
for her this afternoon.
The counsel for the defence conclud-
| ed research of the legal authorities
within Is minutes. Mr.. Heath raised
| the question as to the right of the
State to have experiments performed
| before the jury. and proceeded to argue
| his objection upon that ground. The
| governments counsel conceded minor
| points in the matter of questions. and
the direct examination of Professo,
| Whittier was allowed to proceed afte,
| the jury had been returned to its place
| in the court room.
Prof Whittier exposed to the gaze Of
the jury the white glistening skull OF
Charles Northy in which had been en-.