The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1911-09-07
BIZZLE AND SWAIN HELD
GUILTLESS OF DEATH OF
HOSP. PATIENT TAYLOR

legged killing Of j. F. Taylor a pa
tient at State Hospital No. 4, or uf
inficting the injuries from which il
was declared that Taylor died. The
case was called on Monday of Lass,
week, the jury impaneled, qualified
and the attorneys given until one
O'Clock Tuesday to make their chal-
lenges, at which time the taking Of
testimony was begun. The taking
Of testimony did not close until late
saturday afternoon, and the arCU-
ment Of the counsel, two hours be.
/ INK allowed each side, was made at
a night session held Saturday night.
and the ease given 10 the jury. A.
ter being out seventeen minutes the
jury returned verdict OF acquittal.
The theory Of the State was that
/ Taylor had been brutally beaten ON
the morning of March II, 1911, and
that this resulted in the fracturing
Of the breast bone and five ribs; that
from that day on he declined until
his death early on the morning ~
the 81 OF April following. The va
iiOus examinations of the doctors
seemed to bear out the theory Of the
State, and showed that pus sacks
had formed over the points frar-
turcd; that at no time after March
lDtb baI fTo,,l,r ba.p ipiuraH n.
states expert testimoney went 10
show that the injuries were inflicted
by external force administered with
great violence. The State further
showed by Luther Gibson, vino was
night attendant at the receiving
ward and had turned Taylor over to
the defendants on the morning "f
March 18th when he went off duty.
that he saw Bizzle and Swain throw
Taylor out of the bed and upon the
floor, and had heard Taylor cry out,
For Gods sake, boys, don't kill
me, and heard him scream after he
had gone to his room some distance
away.
The most interesting features Of
the trial was when the State sought |
to introduce the bones OF Taylor in |
evidence, and when it attempted 70 |
prove purported dying declaration
Of the insane Taylor. About ii
days subsequent TO the death and /
burial of Taylor, the State had the
body eXhumed, post mortem made T.
of the body, and parts of the breast
bone and the fractured ribs removed
and turned over by the Coroner &" /
DIR. Tiedmann, patholoRist Of Wash I.
ington University, for examination. |.
The theory set up by the defense |
was that there was necrosis Of the I
bone. The testimony Of Or. Tied |
mann went To show that there was .
no uecrOtic condition Of the bones.
1t was then that the State sought to
the bones as evidence, and
they were brought into Court in a
tin box. 1t was here that the attor-
neys Of the defense strenuOuslv oh.
jected, and the jury retired while the
attorneys Of each side argued the
admissibility ar nonadmissibility of
the bones as evidence. The attor.
neys showed their appreciation of
the great Importance and the bear
ing on the case that the admission
of such evidence might have After
the points were thoroughly dis
cussed, the court sustained the po-
sition taken by the defense and ex-
cluded this evidence, and also the
purported dying declaration of lay
Tor, who a few days before his death
had pointed out defendants a. the
parties who had beaten him.
The defense brought out 10y the
TESTIMONY Of expert physicians that
a blow with force enough to frac-
turc these bones would have re-
suited in such great shock that
Taylor could not possibly have been
able to go to breakfast and walk
mile with no indications Of his In
juries as was shown by testimony |
that he had done, and that h" prob
ably could not have lived. The de-
PENDANTS further showed by their |
expert witnesses that muscular con
traction could have caused the frac- |
lures proven by the State; and ON
cross examination OF the Deputy |
Sheriff who brought Taylor To the
hospital, that Taylor was injured,
and screamed and charged that some |
one was numbering him; that Taylor
was insane and violent. The de-
Tense further showed that defend
ants were in charge of Taylor only |
during the days of march 10, II and |
halt the day of the 18th; that Swain |
went to another building on March |
IA, and Bizzel left for home on the |
10Th and neither of them saw Taylor |
after that until March 3lst. The de-
PENDANTS each testified that they at
no time ever struck Taylor or in