Amador ledger., 1906-07-20

SlrycnnIne, DuC found neither o
J these two compounds. He then testet
J for arsenic, and the test disclosed th
presence of 1.26 of grain.
So much for the general facts il
the case.
The theory of the prosecution il
that the death of Mrs Staples wa!
occasioned by the administration tt
her by defendant of veratrum viridt
or arsenic or both.
Inc evidence as to these matters
was, 1t may be said, almost entirely
circumstantial, and consisted of the
testimony of experts called upon both
sides, whose opinions as to the
essential facts in the case were al
radical variance.
At the outset it may be said that
there is no room for doubt but that
the illness with which Mrs Staples
was Frustrated on the 14th of August
was typhoid fever. This is abundant
ly shown from the evidence, not only
of the defendant but of disinterested
witnesses who were actually in attend
ance on her, and whose testimony and
opinions in that respect are not
questioned. 1t was established BY
the testimony of the trained nurse.
by DIR Quinn, who was attending
physician from the time of her illness
until two days before her death, and
by the testimony of DIR Gall, one of
the autopsy physicians who had been
called into consultation with de-
fendant when his wife first took ill,
and diagnosed her case as one of
| typhoid fever. 1t was further con-
irmed by the testimony of experts on
the trial, who declared that some of
| the symptoms specified were marked
evidence that the disease was typhoid
fever. However, we do not under
stand this to be contested by the
prosecution, its position being that,
though the disease with which Mrs
Staples was prostrated was typhoid
tever, yet that disease was not the
cause of her death; that her death
was caused by the poisons specified,
administered by defendant while she
was suffering from that disease.
Now as to the evidence that the
death of Mrs Staples was occasioned
by either of these poisons, and first,
as to the claim that it occurred from
veratrum viride. Half an ounce of
that drug contains, as testified to by
the druggists who sold it, about $50
drops, and would not fill an ordinary
whiskey glass quite half tulI. The
druggist who sold it testified that
veratrum viride is of a reddish brown
color and translucent. The official
dose OF the drug is from two to five
drops, and the evidence shows that
anything over that might be fatal,
and in some cases it might take thirty
drops to cause death. The only evid
ence in the case upon which the
theory of the prosecution can be
based with reference to the admins
tration of veratrum viride is that on
the afternoon of the day upon which
Mis- Staples died the defendant pur-
chased 1t, and when she became semi
conscious before her death he admin
istered to her from glass a liquid
which had the appearance of veratrum
viride. There is nothing else in the
evidence to indicate poisoning from
this drug. Neither the autopsy nor
the chemical analysis of DIR Price |
revealed its presence at all in the |
body of deceased, nor was there any
evidence of any clinical or patho- |
logical symptoms or conditions indi- |
eating. that death had been occasioned |
from 1T. On the contrary, as 10 these |
symptoms and conditions, the direct |
evidence, if it does not show that she |
did not die from the effects of verat- |
rum vlride, at least very strongly in
dicates that she did not, and the pre- |
pondeIance of the expert evidence |
tends to confirm this conclusion. The |
purchase by defendant of veratrum
viride was not, itself, an incriminat- /
Ing circumstance. As to that purchase |
the defendant testified that about |
four O'Clock in the afternoon august |
31st) | felt of her pulse and examined |
her thoroughly. This rapid pulse
gave me a suggestion of the disease of |
1raemia, which l have known to fol- |
low cases of typhoid fever, and led me
to examine Mrs Staples, urine;
found the urine contained aIbumen,
and this strengthened the theory that |
uraemia might set in as complica- !
tlon. In uraemia with commissions | |
always use veratrum virlde, tlncture |
of veratIum viride, and in order |
to be prepared for this compli- |
cation, If it arose, l went to the drug |
store about five or a little after, and |
purchased one-half ounce of veratrum |
viride,." He purchased, it at the drug |
store where he was accustomed to |
deal, and the druggist testified, as did |
the defendant, that when the defend !
ant entered the drug store and asked |
tor the tincture of veratrum viride, |
the former inquired of him how Mrs |
Staples was; the defendant said she |
was worse, and that he wanted the |
tincture of veratIum viIide for her. !
The druggist asked If he should label |
it: and defendant answered, "Yes, |
you had better, because | might want |
it tor some of my other patients. "
These are conditions and circumstan-
ces under which the purchase was
made; openly, and with the declared |
object for which it was purchased |
The undisputed medical testimony in |
the case shows that while poisonous |
when administered in excessive doses, |
tlnctuIe of veratrum viride is a we'll |
recognized official drug, administered |
in cases of uraemic con-
vuIsions which sometimes arise in
cases of typhoid fever. So that as far
as the purchase of the drug is con-
eerned, under the circumstances de-
tailed, to meet possible complications
in Mrs Staples case, it not only ap-
pears that the drug was proper rem
edy, openly purchased for the purpose
the defendant claimed and desired,
it, but as physician. tearing the
complications he indicated, it was his
duty to get it and give it
should they arise. Defendant testified
the complications he feared did not
arise and that he did not administer
any of the drug to his wife.
1t is insisted, however, that the
liquid was administered when Mrs
Staples was IN a semi-conscious condi-
;o