Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-08
LEGAL VICTORY WON
BY BABER DEFENSE
TRIAL JUDGE HANDS DOWN
IMPORTANT RULING;
BLOW TO STATE.
EXPERTS ARE CALLED


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Judge NJ A breckenridge when h,
oyorruIrd tho motion Of the state ia
-. oman thai. c,so f,r t,,. .,u,,,so ,t
having pI. ~. -. Ir\au explain th'
l''"I' OF IN, summation ne ,hau' "l
Ii' 'hnuIh'd bouy OF ia llahh a'
'larrmorr ON" day last week.
'"i"h'l Roy HOFFMAN "I couhs'I
Tor IN, s'ai', IN arguing On lhe mo-
uvu' ur'"I'd ih'I u me c"uIi over
iuI'd lh' notion the state ~ strongest
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M'dl'hi question
Thc question arose over the at
tempt Of the defense 10 overcome the
testimony Of Doctor lryan by the
use Of several local physicians In tho
capacity of experts TO show that the
wound which caused Planks death
might have been received at the front
door of the Bnhcr home when IN,
shooting first started, instead of al
the rear Of the house, whore the state
alleges that Raber deliberately walked
up 90 Plank while the latter was help
less and fired ,hc fatal shot
In the examination Of Doctor Irvau
last week the term post mortcm" cN-
animation was not used. but his cx-
animation of pmuks body. after IT
had been cNhumrd. was referred tu
by the examining attorney as a
probe" Yesterday the defense made
II plain through their expert witness
that a probe, as defined by the
m'dlcW profession, could not dlvulgo
the details concerning the wound as
th'y had been described by Doctor
ITNan.
Confusion of Terms.
The state contcndcd that the use
of the word probe" was due to coun
sells uulamilartty with medical terms
and that the facts testified TO by Doe
tor Iryau could have been learned
only through post norton eNamina-
ton They desired To mt Doctor Ir-
van on the stand merely for the pur-
pose Of explaining his testimony on
this point TO the mry. The Jurors
were excluded during All of the argu-
ment ON the motion.
Hypothetical questions played an
important part at Yesterdays session
The testimony of Doctor Irvan was
flatly contradicted by several locaI
phyNciaus. II was the most interest
ing day OF tho entire trial from the
standpoint OF the spectators, and the
crowd became SO grcut at one time
Breckenridge had to caution the spec
tators about getting too near the mry
box.
Gilbert First ENpcrt.
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srrii'od 4, dot,n ''' "''
.'i, ,',r ',,i,,i,.,.n o.,,,, ,ho ~.
torno,. "uouid - ma, w,,th ',urd
Of this character be able to walk a
distance of 25O yards
Yes, sir
And would such a wound be nee
essarily fatal"'
1T would not
pr Y. T. shepherds testimony was
Identical with that of Doctor Gil
hcrts. ON cross examination he tes-
titled that man with a wound sucf
as the one described in the hypo-
thctiCal question could probably walk
"A mile and might never die from the
effects of II.
How many men, suffering from
gunshut wounds, have You ever at.
tended asked Prosecutor Malloy, IN
testing the witness qualifications a.
an expert.
probably twenty-five or thirty h,
replied. Twelve or thirteen years age
when first came to Tulsa there wer,
lots of such cases. Every time ",
heard a shot we had to grab our cas-,
and. run.
Dr NJ. J. Ferguson and Dr l.. +
/ Hayden, both surgical specialists tcs
s titled that such "A wound would no
necessarily prove fatal and the re
/ clpleut thereof could walk some dis
/ tauCc after the wound was inflicted
Crl INr-MitnrSs
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