El Paso herald. (El Paso, Tex.) 1901-1931, 1914-01-24

! stated that it was impossible to make any
said Major Urged Investigation
The witness admitted that he made Varl-
Gus tests from time to time for the defence
l in this case He testified that when he was
I employed by the defendant, the defenGanI
asked him to do everything possible to find
out whether there was any arsenic anu 70
| determine the source. Witness said that ne
| did not 90 over New Mexico to get DlsnltQ4 an
! and other things for tests at the suggestion
Of the defendant; that samples were taken
! at the request Of the defence.
Several letters that had passed between
the witness and the defendant and between
the witness and DR.. Rogers, OF FL Paso'
were introduced in evidence and read TO the
jury. The district attorney in this part OF
the cross examination questioned. the VII
ness very closely on these communications
and statements made therein
In the first letter introduced. which was
| August 1, 1913, the district attorney re
! ferred to the latter part where the request
| is made OF the defendant to not let Dr. Gil
/ bert know anything aDouL Ine REFERENCES
! made in the letter concerning the bismuth,
! and on being asked why he made such re-
! necessary In this letter it was also stated
/ that the witness had not found any arsenic
| and would not find any, and on being asked
/ why he had written such q statement when
| he had testified that he had found arsenic,
| he said that the preliminary tests had not
Made Every Effort TO Account for Poison.
| He said that when the most unortern was
| made, that he and DR.. Rogers had agreed
| that they would keep each other informed
| as to the progress they were making IN the
/ animation that he had made every effort
/ possible to account for arsenic in the body
| Of Eudora Major and that it was done at
| the suggestion Of the defendant He said
( that he told the defendant that he would
/ make the analysis for certain fee, ana that
| he would not make any charge in helping
/ him to determine the possible source Of ar
| The witness said that the amount Of ar
4 senic in the body of Eudora Major IL equal
I " distributed, according to the tests he had
made, would be 50 grains Of white arsenic
( on basis OF 100 pounds
The Night Session.
At the night session Prof Hare stated that
! all bismuth was not chemically pure, but
he believed that there has been some i'm
proyeInent IN the blsInulh placed upon tne
market since the passage of the pure food
and drug act; that bisInuth prepared prop
erly should not contain any arsenic Inc
samples of the bismuth used by him in max
ing the tests, he said, were purchased by
him, with the exception Of the two samples
from AlamOgordO. and the four from FL
Paso- The latter were sent to him by Mitch
{ ell Major He testified that he did weigh
7 the amount Of arsenic found from the tests.
because Of the small quantity.
Witness said that he got two samples
. from Warrcns in AlamOgOrdO; tested both
samples and found arsenic in both: ne did
not know whether it was part of the same
Rogers and some to Prof. SeamOn; he said
that he asked for a sample to be sent TO
Tells of Yellow Spots.
When reminded that he had stated on di-
rect examination that he had found no yell
low spots on the body Of Eudora Major, the
witness was asked who called his attention
reviewed his experience in such examinations
in other places and the reasons he looked
for such; he stated that there were yellow
spots near the bile sacs' Wnlcn 1t rogers
and the witness agreed were not due to ar
senic. There was yellow in the gall which
DR.. Rogers said was a natural condition
The witness said ne got embalming fluid
from Mr. Buck but was not satisfied with
the test made on account OF the small guam
tity used in the test; that he felt better sat
isfied with a test made from larger
quantity; five quarts, he said, were used in !
the embalming He said that he requested I
Mr.. Holt to send him the same amount used
in embaIrning as he deemed it safer to !
use a larger quantity than on the first I
test. The first test was made of his own !
accord, and witness stated that to account /
On Redirect Examination
On redirect examination Prot Hare said /
that he used 10 pounds as the weight J
upon which he based his computation of the I
total amount OF arsenic in the body Of Eu- /
he said that the samples Of bismuth pur- /
chased were marked guaranteed under the /
pure food and drug act
On recross examination the witness stated /
that he the stamp on the samples; did I
not see the stamp on all Of them; saw it /
on six samples, but did not see stamp on .
the other six. He said none were sold as \
chemically pure bismuth-
Asked If the character Of bismuth under ]
the stamp was supposed to contain arsenic,
witness said that it might contain other (
authorizations well
OF arsenic in the entire body in comparison {
with his estimate of the amount Of arsenic
in the viscera, Prof. Hare said that the !
vlscera was taken from parts Of the liver
and he believed part Of the heart
Asked If he did not know what organs
were used, how did he make the estimate,
he answered that it was made on the as
sumption that the whole viscera contained
80 times as much arsenic as the rest Of the
Not Told to Make Test.
And still you make the estimate and
did not know what were the organs in the
viscera used2"
who told you to make such test?"
Where did you get such an idea?"
From the authorities"
The witness then explained fully his reason
for making such estimate.
The counsel for the defence, in view Of
the fact that Of their witnesses had
just come in from Central, Texas. and
counsel had had opportunity to discuss
his evidence, at their request the court ad-
journed much earlier than usual until
Principal Defence Evidence In.
In concluding the testimony OF Prof. Hare
Friday night. the defence has placed its
principal evidence before the jury, possibly
with the exception of the defendant himself,
who, has been announced by one Of the
attorneys for the defence will be placed
upon the stand in his behalf.
While by Prof. Hare's testimony, arsenic .
was found in the body of Miss Major. yet
he has testified largely along lines of the
possibility or even probability of how 1t may
nave come there through sources other than
being administered by the defendant. He
vas witness IN the lheoLy OF tne wal
paper incubation as was advanced by the ;.
line Of testimony yesterday, but the burden
of his testimony has been along the line Of
the possibility OF having acquired it through
bismuth which, as was testified, was pre-
scribed in quantities by Dr. Gilbert. the7
attending physician at the time the young
woman died.
Another theory that was stressed. but not
so closely by the testimony of Prof Hare,
was that arsenic may have been due to the
embalming fluid. He is not borne out fully
by the tests of the other two experts in
either Of these cases.
It now seems that the conclusion OF the
taking OF testimony will go into next week.
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