Amador ledger., 1906-07-20

IHdI Iuo CUurG orI6O, WH0U MS rl6n
to move was only postponed, and h'
did not see fit to avail himself of hi
opportunity to subsequently renew
the motion.
Having disposed of these objection!
we now come to consideration o.
the principal point insisted upon 10y
appellant, that the verdict was moi
warranted by the evidence.
Giving general outline of the
evidence, preliminary to particular
consideration of it when we reach the
salient points IN the case. it appears
that defendant, physician, and his
wife, trained nurse, took up theiI
residence in Amador City in 1902,
where defendant engaged in the
practice of his profession. In June,
July and August, of 1904, there was
an epidemic of typhoid fever in that
city, and defendant was employed
professionally in many cases growing
out OF it, his wife assisting him in
the care OF his typhoid patients. In
August OF that year, while nursing a
little girl suffering from that disease
his wife VISA taken ill-it is claimed
ON the part of the defense from a
attack of typhoid fever, a matter
which will be considered Iater-and
took to her bed on the 14th of that
month. Next morning defendant
employed a MrS Reeves as house
keeper, and on August 18th engaged
Miss Mccarthy, a professional nurse,
to take charge of his wife; called DR.
Gail of jackson into consultation,
and at the time Miss Mccarthy came
to nurse, called in DIR Quinn, who
prescribed for her and attended her
thereafter until the morning of
August 29th. On August Both, Mrs
Staples having become somewhat
convalescent, she discharged Miss
MCCARTHY as nurse, telling her that
as DIR Quinn was not coming any
more she thought she could also dis
pense with her services. The nurse
left, and Mrs Reeves thereafter
regularly attended to Mrs Staples.
During the night after the nurse left,
Mrs Staples became worse; nervous.
with a slight rise in temperature,
which increased as the night advanc-
ed, so that about the middle of the
night defendant was required TO call
up Mrs Reeves, who had retired, to
assist him. Enemas having been
administered by the defendant, Mrs
Staples became apparently stronger
and better, in which condition she
remained practically during the day
time of the 31st, and until about
7.30 in the evening. At that hour,
while defendant was in the yard, Mis-
Reeves called him, saying his wife
was worse. When he entered the sick
room he found her very weak and IN
semiconscious condition. He sat
down beside her bed, felt her pulse.
and Immediately reached up to the
bureau for whiskey glass which was
resting there, containing a colored
liquor, which he administered to her
little by little with spoon, and then
placed the glass back on the bureau.
She did not rally OF become con
sclous, and about quarter past eight
died.
i Within little over an hour after
her death her body was embaImed by
John DaDeri, an undertaken and
embalmer of Amador City. He was
sent for by defendant to prepare the
body for burial. Nothing was said
to him by defendant about mbalming
the body, only to prepare it for
burial, and this he proceeded to do, |
as he says, in his own way. He open
ed the temoral artery in the right leg |
and injected into it in the direction |
of the heart two quarts of the en-
balming fluid. The body was still |
warm while the fluid was being in |
jected, and there was no impediment |
after the fuid started, to its flow |
through the artery; the flow was con-
tinuous and unimpeded, until the |
required quantity was injected. |
Daneri, when he came to the house,
had asked the defendant if he in |
tended shipping the body east, ana |
received reply in the negative, had |
given simply an arterial EN- baIment. |
No puuetuIe OF the stomach or any |
of the organs of the body was made, |
nor was there directly injected there |
in any embalming fluid. process
which the embalmer said he would |
have employed had the defendant
intended to send the body away.
The embalming fluid used consisted |
of zinc, bIchloride of mercury, alum |
water, arsenic, tormaldehyde and |
salt. The body of deceased was
buried in one of the cemeteries in |
Amador county. The defendant re-
mained in Amador City for a month |
subsequent to the death OF his wife,
disposed of his property in that |
place, and in the latter part Of |
September left for San Francisco, |
where he opened an office ID the Gait |
house in that city.
Immediately prior to the time when |
defendants wife was taken ill he had |
built home in Amador City which |
they occupied at the time of her |
death. Near them resided a family |
named Hoxie, consisting of husband |
and wife and young daughter. On |
September 18th Mrs Hoxie deserted |
her husband and child, and subse-
quently went to live at the Gait house |
with the defendant, as his mistress.
This conduct on the part of the de-
fendant doubtless awoke the indigna- |
tion of the residents of Amador City |
against him, and generated a sns-
pition as to the cause of his wife S |
death. At least investigation was
put on foot to determine it, and on
the 18th of October, 1905, the body of |
Mrs Staples was exhumed and an |
autopsy held. The exhumation was
made by Daneri, the undertaken who |
had embalmed and buried the body, !
and it was found in an excellent state |
of preservation. The autopsy was
held about the center of the cemetery,
a hedge surrounding the place rre-
Guiding any observation from the
outside, and was made by Drs Gall
and Endicott, physicians of Amador
county. AS to that examination, the
testimony of DIR Gall was quite
general. 1t was to the effect that he |
examined all the vital organs of the
body except the interior of the
stomach. and could find no apparent
nansa of death. that hn avnninnd |