The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-03-03

NAhARhA ~ WIZ
acting within the scope of theis
authority. II tEey had probable
and reasonable grounds for be-
lieS ing this defendant to be guilty
of the criminal Death OF Mabel
Mlllmaa. The rule, Ia that the
public safety ani the due appre-
hension OF criminals charged with
heinous offenses imperatiyely re-
quire that sucn arrest should be
made without warrant by officers
OF the law" AZ 10 constables AMI
other police officers acting Official
ly. the law clothes Them with
greater authority than private per
sons, and they are held 10 be JUS
tilted, n they act In making the
arrest upon probable and reason
able grounds. for believing a party
guilty of a felony, and this is all
that is necessary for them To show
in order TO sustain a justification
OF an arrest. for the purpose or
OBTAINING the party TO await fur
Their proceedings. under com.
plant on oatn and warrant
thereon.
Discusses Medical Testimony.
In reference To- the medical test
mony the court said:
In all fields. dependent upon
special knowledge, application
and learning in any special
branch of human activity which
is the result of deep thought and
experiment, which has been hand
ed down from generation to gen
Grafton of workers In special
branches OF human labor, the evil
dcnce OF skilled artisans and pro-
fessional men therein is admitted
in courts OF justice to enlighten
the court and jury upon what may
be tradecraft or special knowledge
OF professional men. On no class
of mems work are there more
frequent calls OF this description
than ON the medical profession,
and no profession. gentlemen OF
the Jury. as n whole, does its duty
more fully or with more dignity
and honor in aiding courts OF JUS
tice to render that eyen-handed
Justice which the law commands
shall be done.
You have yourselves witnessed
what study. Skill and practical
knowledge has enabled the medi-
cal witnesses in this case to give
their answers, based upon the
hypothetical questions asked
them. II is clear that. as every
man cannot be skilled anatomist
in addition to his regular bust
ness, so IN trials of this descrip-
ton, where crime has been
committed. if you find from the
evidence that a crime was com
mitted assuming certain facts TO
be true. the scientific result Is
very important as explaining
what may be expected to result.
Therefore, to meet this difficulty
the law permits what is known as
hypothetical questions TO be ask
ed specially qualified witnesses,
learned physicians for instance.
TO obtain from them what We call
'opinion evidence, or in other
words. assuming certain facts TO
be true what in their opinion
would he the probable or certain
RESULT
Should Weigh Evidence Carefully.
The opinions OF the medical
witnesses are TO be considered by
YOU in connection with all the
positive and circumstantial evil
dence received. You should give
this class OF testimony just
weight, but determine for your
selves whether, from all the evil
dence, the facts upon which the
hypothetical questions are based
haze been proven. and If not then,
as | before charged, the basis
failing, the opinion based thereon
is entitled to no weight. II, on
the other hand. the people nave
proven the facts beyond reason
able doubt. upon which the hypo-
thetical questions are based as be-
ing truly stated and the opinions
expressed thereon commend them
selves to your honest Judgment.
then such evidence is competent
for your consideration as having
tendency TO convince your minds
as TO whether the defendant Is
guilty of the crime which IL Is
charged by the people, was the
result OF the defendants unlawful
act in procuring or attempting 10
procure n criminal operation upon
the body Of Mabel Millman
Martha Henning's Testimony.
Some comments have been made
nv counsel as TO the testimony
given bv Martha Henning as TO
what Mabel Millman told her was
her purpose in calling on Or.
Fritch. Our supreme court has
laid down the rule that such tes-
timony Is admitted for the pur-
nose of Illuminating and charac-
terizing an act which would other
wise appear only equivocal. II the
nero statement of Mabel Millman
that she visited DR. Fritch In his
office stood alone, her visit might
or might not be entirely innocent.
She might have gone to get posi-
ton or TO have her eyes examined
or for variety of innocent pur-
poses. which. without the cause or
reason OF the visit being ex-
plained. might be inferred or
guessed at But the testimony,
il believed. as to what she said
was her reason for calling on Dr.
Fritch. fixes the purposes and
character OF her visit and reveals
the history and nature OF her i'll
ness. A history OF her illness from
the very beginning to the end as
far as can now be learned was
most proper and perfectly legiti-
mate 10 prove the corpus deficit.
conceaIment Indicates Guilt.
The coucealment of the evi-
dence. the fruits or the results or
a crime. is a fact that may be con-
I'm. Inn L.