Los Angeles herald., 1908-02-13
WILD SOBS
LENDPA7HOS
TO RECITAL
ESTELLE C0RWELL BREAKS
DOWN IN COURT
HYPOTHETICAL QUESTION INTER.
RuPTED BY HER GRIEF
Eyes of Many Sympathizers Dimmed
with Tears as Woman Accused
of Murder Succumbs to
Passionate Anguish

One incident occurred during the fore
noon yesterday in the trial of Mrs.
Estelle Corwell to cause the tears to
stream from the eyes of sympathizing
women.
The incident occurred while Deputy
District Attorney Blair was reading the
lengthy hypothetical question to DR..
James t. Fisher the first and only wit
ness of the day.
AS he narrated incidents in the life
of the defendant, Mrs. Corwell buried
her face in her hands, and when the
prosecutor related circumstances sur
rounding the shooting of her lover she
gave vent to her grief in a wild, uncon-
trollable outburst of sobs.
AS on other occasions of a similar
character, a recess of five minutes was
ordered, and the loving hands and
soothing words of friends and relatives
were quick in an effort to quiet her
anguish.
Yesterday was the anniversary of the
glad day when, in 1901, George T. Ben
nett gave Mrs. Corwell the little gold
band ring-the evidence of their be-
trothal.
When the piece of jewelry was
brought out to be examined by the
court in order to decide a point in dis
pute the defendant evidently remem-
bered the circumstance, for her eyes
Illtu Will ltdIS anu Win dlillCully ohC
controlled her feelings.
Because of certain developments that
have arisen within the past few days,
a bench warrant yesterday was issued
for Mrs. Nance Foulkes, who is be-
lieved to be in San Bernardino. Mrs.
Foulkes is a cousin of Mrs. Corwell
and has been unable to attend the trial
because of illness. Her testimony, &C
cording to the defense, is absolutely
necessary to refute certain evidence
brought in by the prosecution, and it
Is said she has SO far recovered as to
be able to appear and speak in behalf
of the defendant.
DR.. Fisher Testifies
DR.. James T. Fisher was the first
medical expert to be called by the
prosecution yesterday. He said he had
made a study of mental and nervous
diseases in this country and Europe.
Before Blair was given an oppor-
tunity to begin the reading of his
hypothetical question Appel was on his
feet with a long objection.
Before this question is read" he
said, there are some things l believe
should be eliminated. Among these are
statements made by others than the
defendant which certainly would not
be the basis for the opinion of ply
stefan in respect to the mind of the
defendant.
Inc RUE Is Wei lncib
wherever there are disputed facts in
the record they must be so stated in
the question, so as to lead the person
about to answer to discriminate as to
the possibility of the existence of fact.
II think after 1 have cited author
titles there will be nothing left OF this
question of the prosecution but
shadow
The court suggested that objections
could be made after the questions were
read, and Blair began the reading of
the lengthy document.
Suppose the defendant to be part
Spanish and part American, and being
married December 2, 1908, was divorced
by her husband, the divorce going by
default
Here Appel broke in with an objec-
ton, declaring the facts stated had not
been placed in the evidence. He was
not allowed to conclude his objection,
however the court again instructing
him to await the full reading of the
question.
Blair passed lightly over the de-
PENDANTS early life in Los Angeles,
her school days here and other clrcum-
stances up to her meeting with Ben
nett. He spoke of the trip to Ocean
Park at the time Mrs. Corwell was in
jured, and asked the witness to assume
that she was thrown from the auto
mobile.
Her life at the Venice apartments was
retold: the trips to Arrowhead Springs
and Avalon, and the incidents sur
rounding the tragedy on July % last
were then reached
Suppose" he said, that when BEN
nett and the defendant reached the foot
of the steps at 700 Figueroa street, the
defendant shot George T. Bennett, in
ficting a fatal wound in the back of
the head; that the defendant and Miss
De silva got into & carriage and that
the defendant said to the driver, 1
have killed my husband
The pent up feelings of Mrs. Corwell
could not be stayed, and at this point
she burst out into loud sobbing. 1t was
five minutes before the attorney could
resume the reading of his question.
He detailed the incidents following
the shooting up to and including the
examination which DR.. George c.
Campbell testified he had made the fol-
lowing day.
Assuming the facts as stated in the
question to be true, state whether in
your opinion she was sane or insane"
he asked.
AppePs Objections
Appel at once began a statement of
his objections, declaring the question
did not include all the facts admitted
into the case over which there is no
conflict; matters not directly involving
the mental condition of the defendant;
matters of which she had no knowl-
edge observations by an examining
physician which on their face he said
are false and absurd; that it did not
include statements which the prosecu-
ton had not disproved and which were
therefore admittedly true; that it con-
tanned the statement that deceased was
shot in the back of the head, which was
not shown by the evidence; that the
evidence did not show she had shot
Bennett and that it failed to show she
was a victim of epilepsy.
Many other contentious were includ-
ed in Appels statement, and at its con-
clusion he moved to strike out parts of
the question, taking it up in sections.
In this effort he was materially sue
cessful.
DR.. Fisher, in reply to a question by
the court, said he had made memoran-
da of the parts stricken out and was
in a position to reply to the question
as corrected and amended.
'Then, in giving your answer, 1t
would be based on the question as mod
flied by the rulings?" asked Appel. and
the witness answered in the affirmative.
Appel, however, objected, stating
there was no evidence to show that the
question was in a modified form, but
this was overruled.
GA zs,srnir1er fhe facts to be true as