The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-04-11

PRELIMINARY
HEARING HELD

ing package. IL was some days later,
the exact time being in dispute, when
Dr. Dawson inquired at the postofflce
and was told that the reply was de-
liyered to DIR. Emanuel. Miss Rose
then requested the latter to return the
paper and he did SO promptly. It was
contended by the defense that the In
quiry form was not letter, but was
communication between the two
postmasters, and therefore Dr. Eman-
uel could not be charged with taking
letter belonging to Dr. Dawson. Miss
Rose and Postmaster Kayser testl.
fled that il was the custom OF the Of
flee to deliver such inquiries to the
person sending the registered pack
age, although they knew of no postal
law requiring It. w. II. Whltten,
postofflce clerk at Oklahoma City, tes.
titled that such communication was
not a letter "A letter is considered
such said he, when It is contained
In wrapper or envelope and address,
ed" This inquiry form. it was brought
out came in an envelope addressed to
the postmaster who opened II and then
turned Il over 10 the registry clerk to
be delivered TO the person making the
inquiry. The name OF DR.. Dawson was
written on a corner Of il by Miss Rose
to show TO whom the package inquired
for belonged and to whom the reply
should be given 1t was not contained
in an envelope when delivered to Dr.
Emanuel
The witnesses for the government
we're Dr. Dawson, DR.. Llyermore. Miss
Rose and Postmaster Kayser When
their testimony was concluded, the de-
iense demurred to the evidence on the
grounds that no ofiense had been
shown The demurrer was overruled
and then the defense offered the tes-
tlmony Of pr. Emanuel. Mr. Written
aud DR. r. H. Riley, chief clerk to Or.
Mahr
Dr Livermore testified thai he sent
the package al the request Of DR..
Dawson on March is and received the
registry receipt for the same
Miss Rose testified that she received
Tie package from Dr. Liyermore. Later
Dr. Emanuel inquired about It, say
ing Dr Mahr had not received il DR..
Dawson also inquired and Miss Rose
sent the inquiry to the postmaster at
Oklahoma City on March 20 and re-
ceiyed reply that the package was de-
liyered on the 18th DR. Emanuel call
ed and asked TO see the reply and wit
ness gave IL TO him. not sure as 70
date. but witness ii.ought 1t was on the
2isi, g2nd or 2grd Later Livemore
and Dawson asked about 1t and wit
ness informed them that she had de-
hyered Il to Emanuel Witness ph0n-
ed the latter to return the tracer and
he did SO. Emanuel. witness said, had
said he would deliver il to Dawson. On
cross examination witness said, the
tracer was 4 form Of inquiry used by
postmasters. and as a rule was deliv
cred to party lnqulring; It was ad
dressed to the postmaster She said
gee knew Emanuel was city physician
and thought an the doctors were inter
ssted in the case; her recollection was
that Emanuel said he would deliver q
to Dawson.
Dr. Dawson testified that Livermore
sent the package for him. On the 18th
he phoned Dr, Mahfs office and was
told that the package had not arrived
He asked Miss Rose and she sent a
tracer. He reported the Palmer case
to Emauuefs wife on the ssth, the doc
tor not being at home On the 18th
Emanuel called him by phone and ask
ed about the case and the former was
told tial he sent the fluid to Or, Mahr.
The next morning Emanuel phoned
again and I told him If he didn't be-
lieye had sent to inquire at the post
office / didn't authorize him 10 get
the letter Or tracer. He was not as.
ISOLATED with me m she case. Daw-
son didn't remember the exact length
OF time that elapsed before he learned
that The reply 10 Tie uaceF came
Emanuel never told him that he had
the reply
Mr. Kayser explained ise custom Of
the postoffiee as to the handling OF
registry traeers as did Miss Rose.
Dr Emanuel said he first learned OF
the illness Of the Palmer child on
March goth. he was in Rush Springs
the preceding day. DR.. Dawson re-
ported the case as meningitis. Being
anxious to get a positive diagnosis, he
said he phoned to DR. Ellison. the
stale baeterlologist at Norman. where
he thought the fluid was sent. When
he learned that Il was sent to Dr.
Mahr he phoned the latter, talking to