The Washington herald., 1915-04-03

AID, SATURDAY, APP
and Is a much more serious one than the
one addiction
Mr.. Davis: That is not ALL have
passed that. Taking the testimony OF
this man as he has given II as to the
use of morphine. he has not shown him.
self to have been SO habitually a user
Of 1t as to call him addicted to the use
of the drug.
Jury Must Determine.
The Court: The jury can determine
question for the jury, under certain
definitions given them. which will
help them in saying whether he is an
| addict or not.
| Despite the ruling OF Judge Pugh
that he would not instruct the jury
as to whether Mr.. Mccain had been
proved an addict or not, Mr.. Davis in
sisted on carrying on his argument.
in the course of which he reviewed
much of McCanns testimony.
Strenuous objection to this proce-
dure by counsel for the government
produced the liveliest verbal clashes
of the trial so far.
| Mr.. Taggart, after numerous objec-
tions. announced that il the court in
! tended to permit Mr.. Davis to con-
tinue this line of procedure, the gov
| eminent would insist that the jury
be excused until the final ruling of
the court on the motions Of Mr.. Davis.
| Mr.. Davis. with some heat, announced
that he would refuse to permit the
jury to be excused. declaring in eff
feet that he was tired of trying the
case by whispers
| At one point Mr.. Taggart concluded
an insstent demand that the court
rule upon Mr.. Davis two points. with
the plea addressed to Mr.. Davis:
| Let the court rule"
Il will not" replied Mr. Davis heated
| ly, while lawyers and spectators snick-
cred audibly.
In the course OF his remarks Mr.. Davis
drew from the judge rulings upon many
liz not all. OF the important points in
volved in the testimony upon which the
court might be expected to rule in his
charge to the jury after both sides had
rested their case.
Eventually. after Mr. Davis had con-
Guided. Judge Push announced that he
would overrule the second part OF Mr..
Davis motion insofar as it concerned the
testimony taken. and would take the first
part OF the motion under advisement.
Defense Calls Expert.
DR.. Charles II. Lattimer was the only
witness introduced by the defense yes
terday.
On direct examination DR.. Lattimer was
asked by Mr.. Davis as to the effect first
of cocaine and then of morphine. DR..
Lattimer was introduced by the defense
as an expert for the purpose of discred
iting the statement Of Mccain that he
(McCann) was an addict of morphine.
McCann had testified that he had taken
morphine habitually to aid him in his
work, or to make it possible for him to
work. by ameliorating the extreme ner-
vousness brought on by the pain incident
to chronic rectal assesses.
DR.. Lattimer is an expert as the result
of thirty years experience in the prac-
tice OF medicine, in the course Of which
he testified he had treated hundreds Of
ca ses OF morphine addiction.
Testifying as to the effect Of morphine
he pronounced the drug a nervous soda
tive" which 'depresses the nervous sys-
TEN and all functions Of the human
body"
Although he later testified that Nc
Canns testimony would lead him to be-
leve that Mccain was a user" of NOR
phine, but not an addict" and although
Mccain had testified on direct and cross
examination that he used the drug daily
for months. DIR. Lattimer. replying to a
question by Mr.. Davis. stated:
That would depend on whether he
McCann) had become an addict at the
end OF a year or at the end of week"
Assistant Corporation Counsel Will
Jams.
Q. Is there anything. from your
personal observation, apart from his
testimony. that would lead you to be-
lieve that Mccain is addicted to the
use of morphine.
A. No: he Is user of morphine,
but he is not addicted.
@. So that IL a man uses it almost
daily to help him in the performance
of his work. he. at the time being I'M
der considerable pain. and il occasion
ally he can go two or three days with
out using it, that use extending over
the period of year. you then would
say he was not addicted to the use OF
morphine?
A. That is true.
Would Not Call Him Addict.
q. Doctor, II . man started the use
Of morphine by nrst taking doses of
n quarter Of . grain. and within a
period Of three months time Increased
the dose up to four or five grains. |
would you or would you not say he !
In an addict:
A. NO.
Q. What would you term him"
A. A user.
Q. Does a man become an addict |
when he cannot refrain from the |
ha bit?
A. Yes.
q. So that. II . man starts in with
n quarter Of . grain dose and uses Ii
for = period Of three months, and
raises IL until he II taking four or
five grains day, he II an addict
A. Yes, sir.
Q. Are you practicing in the District
of Columbia now, doctor?
A. Yes, sir
Q. Where Is your office:
A. 91S f street northwest.
Q. Are you specializing in anything?
A. Yes. sir; mental and nervous dis
eases. i
@. When did you last treat a morphine