Los Angeles herald., 1908-02-14
PHYSICIAN ANSWERS HYP0-
THETlCAL QUESTION
CORWELL TRIAL CONTINUES TO
ATTRACT ATTENTION
Attorney for Defense Springs Several
surprises-SensatlonaI Testi-
mony May Be Given by
Witnesses Today

entation of surrebuttal evidence.
Five witnesses were called yester-
day to give expert testimony and an
other witness who has already testi-
called to the stand just prior to ad-
journment, but his testimony was con-
tinued until this morning, and will, 1t
is believed, include some statements
of a sensational nature The physician
declared outside the court room yes
terday that he had not been dealt
with Justly by the defense and that his
integrity had been placed in doubt.
Dr. Campbell asked leave yesterday to
make a statement while on the stand,
but this was denied after a short con-
sultation between the court and the
witness.
Attorney Appel for the defense yes
terday sprung a surprise when just
after the noon recess and when wit
ness had answered the hypothetical
question propounded by the prosecu-
ton with the statement that the de-
fendant was sane at the time or the
shooting, the attorney read a lengthy
question almost identical with that
asked two weeks ago. To this question
the witness stated that, assuming the
facts to be true as stated in the ques-
tion, the defendant was probably in
sane.
Reply Satisfactory
The satisfaction of the defense when
this reply was given was more than
apparent and expressions of relief ana
pleasure among the friends of Mrs.
Corwell were so pronounced that 1t
was necessary for the balliff to call
for order.
The sheriff yesterday received word
from Needles that Mrs. Nance Foulkes,
for whom bench warrant had been
issued on behalf of the defense, was
too sick to appear at the trlai. Inc
defense relies upon Mrs. Foulkes' tes-
timony to clear up some important dis-
puted points in the evidence, ana the
news that she could not come to Los
Angeles was received by that side with
some exhibition of disappointment. The
sheriff of San Bernardino county was
later notified to procure physician
certificate of Mrs. Foulkes' condition
and this is expected to reach here With
in a day or two. -,
When court adjourns today 1t Will
he until Monday morning, and the
prospects are that practically all OF
next week will be consumed in taxing
testimony on behalf of the defense.
DR.. James T. Fisher resumed his testi-
mony yesterday morning. He was al
lowed to answer the question whetner
Mrs. Corwell, in his opinion, knew the
difference between right and wrong at
she did, declaring there was nothing In
the prosecutions hypothetical question
to indicate otherwise.
Woman Is Sane
DR.. r. Wernigk said he had heard the
prosecutions question, as modified ana
declared his opinion that she was sane.
Appel then read a lengthy question
10 the witness, going over the evidence
as adduced by the defense practically
as stated in his first question OF TINS
character Mrs. Corwell burst into
tears as her counsel reached that part
of his statement where Bennetrs body
was being carried out of the police sta
tion, but Appel did not stop his reading.
As he began the last part OF his ques-
ton there was hush in the courtroom,
and when the witness declared that
According to the statement, suppose
she was insane" there was a stir among
the spectators and expressions OF graft
fication on all sides, the bailiff finding
it necessary to call for order.
DR.. j. H. Davisson was called. He
said he had read the amended question
and that he believed the defendant TO be
sane. Dr. Davisson was not permitted
10 answer the question whether Mrs.
CorwelTs mental condition was such
that she could distinguish between right
and wrong, the court temporarily sus-
tanning an objection on the part or the
defense, which cont, nded this was a
matter for the jury to decide. NO nnal
ruling was made on this question yes
terday.
Reasons Are Given
DR.. Granville MacGowan said that,
according to the question propounded
by the prosecution, Mrs. Corwell was
sane. and enumerated reasons why he
hot Among
these he said the question indicated
normal early life, a student OF moder-
ate capacity. no erratic conduct; she
was not given up to a life of pleasure;
took measures to find George Bennett
before the shooting, showing normal
train Of thought, and following the act
was able to state her reasons ana sald
she was sorry for II.
He declared there We're absolutely no
symptoms indicated by the question
that would show a state OF insanity.
Or. David c. Barber, superintendent
of the county hospital, said he believed
Mrs. Corwell to be sane at the time OF
the shooting. basing his opinion on the
prosecutions question. He said 1t was
customary to go into the history OF the
patient very carefully when making a
diagnosis, and therefore he could not
state positively whether the defendant
was sane or insane.
DR.. G. w. Campbell was recalled As
he took the stand he said he wanted to
make a statement, but the court m
structed him to first consult with Dep
uty District Attorney Blair.
Had Understanding
1.-THE doctor left the stand few days
ago. said Blair, with the understand
ing that he was to be further cross
examined by the defense and If there Is
to be cross examination he wants 1t
now"
i don't know that the defense is
bound to do what the doctor wants us
to do" declared Appel
Campbell uttered a protest, but was
told by the court If he had anything to
say he would be listened to by the court
alone. A consultation was held N an
undertone for three minutes, at the con-
clusion of which the court announced
the matter would be taken up this
morning
Blair stated he hoped to close his re-
buttal testimony by II o'clock this
morning. Court then adjourned until
10 o'clock.
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