Evening journal., 1906-11-01

SUGGESTION

AT TIE Metropolitan club in washing.
ton a group of lawyers were discussing
the value o., expert medical testimony
when a well known criminal lawyer
was reminded of curious, case in
Richmond some years ago. .,. ..--
rAt 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 I cannot give. For
the purposes Of this story it win suf-
ice to refer to him as Dr. Morgan.
Now, DR.. Morgan one morning re-
eeived 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 IL was
with reference to certain phases of the
case that he sought the advice OF his
old friend the doctor.
"rhe young lawyer explained to the
doctor that he was greatly perplexed.
1t was a poisoning case, and the youth
ful attorney had been retained to de-
fend the prisoner. a young woman Of
whose innocence he had no doubt It
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 Ill tempered to a
degree that made her life a burden.
Moreover, the wife is the only heir.
Now, 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 lnno-
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 It 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 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 TIE tubes for arsenic before
they experimental with the fluids
" I see the point eagerly interrupted
the youthful lawyer And II they
should aG.ait that they neglected to
make that tostT --s
"'lhen sou will put your question
in this form: rs not arsenic used in
the manufacture Of some kinds Of
giassg"' -in .,i. -at ssf
''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 arscnic. He was also
inCcced to -cancele that arsenic was
sometimes used in certain kinds o.
glass.
"The young counsel, having obtain
ed these two answers, was cIeve:
enough 70 IS 9se h,s cross e-.aminat.oi
at thatspoNV W.. ~ 1tpRgtg9
"Wreif nc camc to the summing u
Of the case h. d--elt ut length upon til,
possibility that tie arsenic bad. beer
'sFcateG CIT OF the glass and saig
the neglect Vf tie experts to test til,
tubes shou.a certan.y be considcrc,
as yitlat!ns to large degree II no
wholly. the medical testimony
well. the young woman was &C.
quilted As tile other evidence was
purely circnmstsntial. the acauittirg
verdict was given mainly because the
dangerors force OF the medical testi-
mony had been weakened by the old
doctors ingenious suggestion.H-New
York Herald.