The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1908-11-23
DEFENSE IN The
+. MOELLER TRIAL
MINoT PHYSICIANS SAY TREAT.
MENT WAS PROPER.
Dr.. WindaIi Goes on the Stand for the
Defense-1is Opinion, However, Is
Based on HsarsRy Not on Facts
The Cross Examination.

Mlnot, N. D., Nov. 23.--More ex'
pert testimony, calculated to show
that Dr. Moeller's treatment of Gina
Lien was proper and necessary viii
be offered by the defense in the case
of the state VS.. DR.. Thor Moeller
charged with manslaughter in the first
degree in connection with the death OF
| Miss Lien.
1t was stated Saturday that DIR. Guy
Stone and possibly other doctors will
go on the stand in an attempt to
show that what DIR. Moeller says he
did was proper and necessary under
the circumstances.
The defense is somewhat handicap
ped for the reason that their expert
witnesses are testifying on what they
have heard of the case, not what
they saw at the postmortem examin-
alton Of the body of Miss Lien before
or after death, up to the introduction
of the exhibit in court. Neither Dr..
Stone or DR. WindaIl was present at
tie postmortem examination or saw
Miss Lien while she was being treated
by DR.. Moeller. Doctors McCAnnell,
Titus and Larson, on the other hand,
we're present at, and assisted IN. the
performingi of the postmortem exam
nation.
This was brought out forcibly Sat
urday afternoon In the cross -examina-
ton of DR.. Windell by Mr.. Sinkler, at
torney for the state. DR.. Windell, who
showed in his testimony disposition
to be fair at all times, stated that In
his opinion a doctor who was testi-
flying on what he had heard Of the
case would not be likely to form as
correct opinion as one who had con-
Quoted a postmortem examination up
on the body of the deceased.
On direct examination Dr. Windell
said that from what he had heard
of the testimony introduced in court
DR.. Moeller's treatment was proper
and necessary.
On cross examination he stated that
he knew nothing as to what DR.. Noel
Ter actually did, except what DR.. Noel
Ter had stated at the coroner's inquest,
and he qualified his statement furth-
err by saying that what he meant by
Or. Moellers treatment" was that
particular treatment known as cur
citing.
On cross examination DIR. Windell
stated that in his opinion it was not
the generally recognized practice, to
leave patient undergoing an opera
ton in room for several hours, with |
out a urse, attendant or anyone to
look after the patients wants.
DR.. WindeH stated that If he haa
a case Of that nature ne would have !
called in consultation, If he could pos |
5ibly have gotten it, and that he would |
not leave the girl In, the room for
several hours without an attendant.
Question Is Excluded.
One Of the features OF Saturday
afternoons session was the putting
If a question by Attorney Sinkler, en-
'racinig what he considered the main
points in. the states case, and asking
Dr.. Windell If, having all the circum-
stances in mind, he believed an abor-
ion had been committed.
Wait a minute" said Mr. Barrett
or the defense.
We all know what it is; 1t is simp-
y play to the galleries." continued
Mr.. Barrett, as he waved his hand
oward the score or more people in
he room
1 beg your pardon. it is no play to
he galleries." exclaimed Mr.. Skier.
1t is assuming things not in evil
lence; it is manifestly unfair, argu-
tentative and asking a question
Which Is up to this court to decide.
lot for any witness to decide"
I'VE object to 1t further on the
round that it is not a proper question
or an expert Witness" said Mr., Sat-
on for the defense. I
L believe that the question is too
road and that 1t would be unfair to
he Defense" said Judge Murray II
'lll therefore sustain the objection I"
me defense has only put one wit {
ess on the stand so far, but in cross |
Examination of the states witness II
as brought ont several points in it's
aVor. Some OF them are as follows. 7
The doctors for the state uractt@
ally all testified that as far as thew {
new that DIR. MoeIler did In his treat. |
lent of Gina Lien nothing but what
hight have been necessary and pronor
DIR. Winden stated that from what
e knew of the case the cureting
Thich DIR. Moeller say he did. was me {
roper treatment II
laoe tne post-mortem examination, I
tated that they made no Chemical {
Examination Of the analysis Of The
tomach and did not make a micr-
eopic examination of all the vital or
ans OF the body and that therefore II
possible that Miss Lien might have
lea from some other cause, such for
lstance OF strychnine poisoning.
Dr. Windell stated that the girl $
llsht nave died from variety OF I
auses without making anv material !
inference in the manner that the
ost- mortem changes occurred. s
Df. Windell stated that in his opin- t
N death from blood poison usually &
oes not occur so soon after injection a
: appears in the case OF Miss Lien.
Ie said that death seldom If ever
ccurs less than twelve hours after
aren't "pT