The Detroit times., 1910-03-04

DlHly Ni td'u III lut ueul vi tilt
testimony. its relation 10 the 9th
Testimony submitted and their
meanor upon the stand.
>'You will remember" he sal
that the rule Is not that each W
ness who testifies 90 facts must
consistent with every other witnes
but that zach circumstance that
established according to your sati
faction must be consistent with ever
other circumstance that Is estahlishs
10 your satisfaction In other word
II is the proof that must be consis
ent. not the witnesses necessarily.
The court then pointed out the di
ference between direct evidence an
circumstantial evidence and conti
ued:
You will recall that the de-
ceased Mabel Millman. visited
this city Aus IA and was met at
the depot by her friend, Martha
Henning, with whom she lived
until the eth OF that month. You
have heard Miss Henning's testi-
mony that she accompanied the
girl. the Office of this defendant,
and YOU will recall the CONVERSE
tion which took place between
those two women afterwards. fon
recall the testimony OF Mrs. Nc
Dougall the landlady with whom
those girls resided. that Mabel
Millmaa left Mrs. McDougalls
house some time during the after
noon OF Aug. 81. and, further. the
testimony OF Miss Henning, that.
after she nal parted with her
friend in her room on the morn
ing OF Aug. q. she never saw her
again In life.
Reference has beer made TO the
acts OF some OF the members OF
the police department that the de-
PENDANT Fritch was not allowed TO
see his attorney Immediately after
lie was taken into custody, upon
the charge OF having caused the
death of Mabel Millman. In that
connection, | wish to say TO yon
that Capt. Mcdonnell Is respon-
sible 70 his super!ors in the de.
partment OF police, II. In the dis
charge of his duty. he assumes TO
deprive a person accused OF crime
of the right Of meeting and con
sulting with his counsel. Whether
Mr.. Lodges lsT partner or Capt
Mcdonnell states correctly the
fact in that particular matters not
10 the ISSUE involved In this case,
namely, the fixing by the state OF
the responsibility for the death OF
Mabel Millman. and | charge you
now that you are not TO be iniiu-
onced, your judgment swayed or
your minds prejudiced by the
terms sweat box and third de-
gree" alleged To have been used
In connection with the acts Of the
police IN causing the arrest OF
this defendant fol the reason thar
il has nothing whatever TO do with
the issue in this case.
Police Acted Within Authority.
The officers VINO arrested this
defendant without a warrant were
acting within the scope OF Their
authority, II they had probable
ana reasonable grounds for be-
iieving tins defendant TO be guilty
OF the criminal Geath OF Mabel
Millmaa The rule is that the
public safety AM the due appre-
hension of criminals charged with
hc,nous offensts imperatively re-
qures that sucn arrest should be
made without warrant by officers
of the law AS tu cOnstables am
other police officers acting official
Is. the law clothes them with
greater authority than private per
sons. and they are held To be JUS
tihod. If they act in making the
arrest upon probable and reason
able grounds. for believing a party
guilty Of fe.ony, and this is all
that is necessary for them to show
in order to sustain justification
of an arrest. for the purpose Of
OBTAINING the party 10 await fur
Their proceedings, under com.
plaint on oatn and warrant
thereon.
Discusses Medical Testimony.
In reference 10 the medical test
nony 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 a whole, does its duty
more fully or with more dignity
and honor in aiding courts OF JUS
tice to render that even-handed
Justice which the law commands
shall be done.
You have yourselves witnessed
Wnat study, skill anu pIdCllCdi
knowledge has enabled the medi-
cal witnesses in this case TO give
their answers. based upon the
hypothetical questions asked
them. 1t is clear that, as every
man cannot be skilled anatomist
i'm addition TO his regular bust
ness. so In trials Of this descrip-
ten, where crime has been
committed, II you find from the
evidence that 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 10 be ask