davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1915-02-14

And Of even greater Importance In
tbis matter. 1t was found none Of this
material had left the stomach, as it
would have done after much more than
half an hour had passed. So 1t becomes
very clear from this that digestion had
not proceeded to any extent at all.
wish also to state that the amount Of
gastric Juice that was secreted In this
particular case was considerably less
than would have been secreted IN an
hour in an ordinary individual If the
girl had lived longer than the time ]
have stated. would have found .
greater excess of hydrochloric acid.
There was no free hydrochloric acid
"a Mary Phagan's stomach. The
amount Of combined hydrochloric acid
was 80 degrees. Now. at the end Of an
hour In the ordinary individual the
amount is, say. from 10 to 20 or so
on an average, It may be fairly stated
that 1t will run up somewhere about
Is or a. But In this case II was only
The Washington times., 1915-02-14
Girl Was Dragged Through Cinders and
Dirt, County Physician
Hurt believes.
Hurt believes.

Q. Now. beginning at tho head. you
say you found a wound two and a
quarter inches long? A. That ID right
@. DR.. Harris said It was one and a
half. / want to know whether he or
you Is right on that? A. Well. made
the examination. 1t Is two and a fourth
inches on my report.
Q. You say that wound went to the
skull? A. Yes. sir, there was q small
portion Of the skull exposed.
@. Suppose she had fallen on the cor
ner of q fioor that had a sharp edge.
would that have done It? A. Yes. it
could.
Q. Or fallen on tho corner OF an ole
that. would that have done It? A. II It
was sharp. yes, 1t could have done It.
@. Any edge of that sort could have
done it-any edge that comes to right
angles? A. Yes. that Is what I meant.
Q. Doctor. most expert witnesses
guess. don't they; isn't that largely
what experts do. and isn't the fellow
the best expert that can guess the
best? Isn't that about all there 10 to
expert testimony? A. You are more
familiar with expert evidence than i
am. Colonel.
Q. Now. you said. Doctor. that that
wound didnt produce death. How do
you know 1t didn't produce death. Doc
tor: you don't know 1t, do your A Yes.
do. the skull wasn't fractured.
Q. Well. does the skull have to be
fractured for death to ensue from q
blow on the head? A. You have to
have some confusion there on the inside
of the skull. which was not in this par
ucular case. There was a very slight
confusion. but not enough. You could
Just see from the inside where the i'm
preston was made on the outside.
Q. Were the brain tissues Afrsetsl'
! A. Not the brain tissneA
The Washington times., 1915-02-14
All Depends Upon
Force of Blow.

O. Isn't 1t a fact that injuries to the
head that produce effects on the
meninges or any of the inside tissues
Of the skull-isn't It fact that that
sort Of injuries produces all kinds OF
degrees Of effects, from unconscious
ness UP to semi-consciousness. quarter
consciousness and Just mere nervous
ness: can't they produce any kind OF
effect, almost? A. Well, that depends
on the force of the blow, Colonel
@. I understand, but I am asking you
about the lick you saw in there-the
!ittle hemorrhage. Is there any way
YOU could determine or measure, from
the size or location Of the hemorrhage.
precisely what effect 1t had on a per-
sons faculties? Is there any standard.
any agreed standard. you have got to
60 by. except the guesswork Of any
doctor that looks at It? A. Well. II
you would have enough Impression
there from the blow ! think you could
Judge as to what effect It would pro-
duce.
Q. Doctor, don't some men remain
conscious when the skull Is fractured?
A. Yes, have known that.
O. Doesn't II happen that the skull Is
fractured, cracked. the inner and tho
outer table. and the man remain con-
sciousr A. That Is q very unusual oc-
currence.
@. Now, then. haven't you heard OF
cases whore men were killed from con-
cussion by blow on the head and the
blow didn't even leave mark on tho
outside? A. don't know about that.
@. Well. aren't such cases we'll au-
thenticated? Don't men die from con-
cussion? Conclusion Is simply a shak-
Ing up Of the brain. isn't 1t? A. Yes.
@. And by its terrible effect on the
nervous system and consequent effec,
on the heart, produces death: Isn't tha'
| the way It produces It? A. Yes.
@. And sometimes death ensues ant
there isn't q sign inside tho head, 1.
| there? A. That may be true.
The Washington times., 1915-02-14
Chewing Would
Affect Digestion.

Q. Now, suppose q little girl. eatins
a meal hurriedly. trying to catch car
to come UP town, has eaten some cab
bage and some bread and has not
chewed the cabbage thoroughly. some
hardly at All-that would take much
longer time to digest and asslmilate
than II 1t had been thoroughly chewed
wouldn't It? A. Yes, sir.
@. And It takes from three and half
to four hours ordinarily to dissolve this
cabbage, I believe you say. Now, don't
you think a doctor Is making a very
wild guess who will say, because ne
finds a piece Of unchewed cabbage in
the stomach Of a person. that that per-
son had eaten the cabbage within IN
hour before death7
..r. Dorsey-we object to that ques.
ton. Tho Jury 10 here to pass on that
question.
The Court-I sustain the objection.
Mr.. Arnoh-I do not mean. Your
Honor. by not arguing to the point e
withdraw the question. (Resumins)-l
believe you said It was . mere guess tc
say whether or not this girl was ever
1t was q question a. to whether she
was conscious or not.
@. That being an opinion, what would
you say as to undertaking to say how
long she remained unconsc!ous7 Would
you undertake to give an opinion or
that? A. No. sir.
@. And q man who would IL as wild
as q buck. besides. wouldn't you say ?
A. wouldn't say about that.
@. Could you undertake to say from
an examination OF any of her injuries
as to how long any Inflammation OF
violence had existed there before
death? A. No. sir. wouldn't say.
@. You wouldn't and nobody else
! would
Mr. Dorsey object to that. You,
Honor.
The court--I sustain the objection.
| Mr. Rosser-would Your Honor lei
the jury retire: we have a motion We
wish to submit before going further
with the case? (The jury retired) May
1T please Your Honor. a moment age
when the jury came in Your Honor
thoughtlessly reading a newspaper. helt
one side UP. 1t had in large box letters
in red statement that the State wa:
adding link upon link to the testimony
against this man. Every member o.
the Jury read it. I was looking at them
They leaned forward in their seats t.
look at It. We don't want to make 6
motion for a mstrial in this case bu
We do want Your Honor to call tina
jury back and make to them such 1
statement as will get rid Of tho harm
that has been done.
Judge Roam instructed the Jury I,
pay 20 attention to newspaper head
lines or articles they might see.)
| The State rested its case after
| the testimony Of DR.. Harris and
| DR.. Hurt was in. DR.. Lvoy W.
Childs was the hrst wi:nsss called
for the defense in 4 plan Of gen.
| eral rebuttal Of the testimony Of
| DR.. Harris.
The Washington times., 1915-02-14
Dr.. L. w. Childs, First Witness for De
Tense, Assails "Guesses" of Dr..
Harris, States Expert.

I win ask you this question. and It 10
about tho general state Of science, not
only from ypur own experience but
from your own knowledge Of tho science
from bool1 and otherwise: Have you
ever heard or know. ~ q scientific man.
Of case on record whore any definite.
hxed. positive opinion on unconscious
ness was given with no moro data ~ to
the wound, no moro information - to
the time Il va INFLICTED. than have
given you? A. No, sir. I don't think 90.
@. Have you ever heard Of such q
case Or opinion7 A. In reading the
text books I never met up With such q
case-oeseaanly not in my own expert
snce
Q. Now. doctor. am coming down 20
some ouestions about the human stom-
ach. What 10 cabbage ciassed a.
among the food experts? A. Il IL
classed among what We speak Of a.
carbo- o-hydratss.
@. will get you to state whether or
not cabbage 10 considered among the
hardest foods to digest A. It 10 con-
sidered the hardest food among carbo-
hydrates and celluloss, because 1t mas
SO much cellulose that II u not affected
BY the digestive organs
Q. believe cabbage IL more indi-
8cetioio cooAeo Inan raw, isn't IT? A..
Cooked cabbage is tho most indiges bio
food that can be taken into tho humdn
system.
Q. Cabbage taken into the mouth
what Is there In the saliva that acts
on any property in cabbage? A, We
have q saliva digestive ferment that IL
known as pytaline; 1t Is a digestive fer
mont that affects the carbo-hydrat>s,
and 1t has no effect upon the other oon-
stituents Of foods.
Q. Well. now, does the stomach do
anything toward digesting cabbage? A.
BY its muscular action 1t may to some
extent. break up the solid particles that
come into the stomach. The pytaline
continues its effects for a few minutes
and then the gastric Juice begins to
mix with the food and that stops that
particular part OF the digestion.
Q. So the juices Of the stomach, in
stead OF helping the digestion of cab
bage. stop the process Of digestion that
has already begun. A. Yes, sir.
Q. Take cabbage that big Indicating
specimens from Mary Phagan's stom.
achD. how long would you expect It to
stay In the stomach? A. The shortes st
time that the authorities allow for
boiled cabbage in a healthy, normal
stomach Is four and a half hours. This
may range to as long a time as twelve
hours.
The Washington times., 1915-02-14
There Was Very
Slight Hemorrhage.

Q. Was there any bleeding in the
meninges-that Is the lining or en-
velop that contains the brain. isn't It I?
A Yes. there was a slight, you might
say. hemorrhase, but that was very
slight.
Q. 1t wasn't enough to produce
anything, was It? A. Yes. I would say
1t would produce unconsciousness.
Q. 1t might do 1t and 1t might not;
do you know whether 1t would pro-
duce It? A. I don't know anything
about 1t: that is my impression.
Q. Nobody can do else than guess
at that. can they? A. Well. I wouldn't
say that.
Q. Did you ever test a skull before.
| the inside Of 1t, to determine the
question Of whether any lesion or in
jury had produced unconsciousness?
| A. No, I don't know.
@. Did you ever heap Of any doctor
making such q test. making a guess
skull would have produced uncon-
sciousness7 DID you ever hear such
| question asked before. doctor? A..
No, haven't had much experience on
| the stand.
@. Did you ever see such a strain
on the medical profession as to ask
doctor to determine whether a par
ticu!ar small hemorrhage would pro-
duce INCONSISTENCIES at given time;
did you ever know 1t to be done be-
fore.
Mr.. Dorsey: object to tho hypo-
| thetical question:: I object also to the
| question did he ever see such strain
put on a doctor before.
Mr.. Rosser: Say that 10 admis-
sible when We get these doctors
| suesstne IN the stAnd-becAuss that
Is all 1t ia. pure guessing.
Mr.. Dorsey: object to that state
ment-
Mr.. Rosser-I am speaking to the
Court. and not to anybody else. I say
that when you put them to guessing.
that 10 a place where the widest range
Of cross-examination 10 proper
Tho Court will let you have It.
| Mr., Arnold (resuming)-Doctor. were
you ever asked before to examine the
inside Of anybody's skull to determine
the fact whether death had resulted or
whether unconsciousness had resulted?
A. No.
The Washington times., 1915-02-14
Attorney Arnold
Tests Witness.

Attorney Arnold. whose general
medical knowledge rivals that of
not a few practitioners. here led
tho witness through long inter-
rogation to establish how we'll
founded was the doctors con-
clusion that strangulation caused
death. He then inquired at length
into the doctors tests for traces
Of poisoning, which were ham.
pered somewhat by the fact the
body had been embalmed. The
doctor repeated. however. that
there were no indications that the
GIRL had been poisoned, but ad-
mitted ne had saved none Of his
! specimens so that Independent
tests might be made by other ex-
perts.
@. Isn't cabbage laid down as one Of
the very hardest things to digest. in
all the books that treat Of digestion?
A. I have perhaps seen the statement
that cabbage Is hard to digest. but II
isn't necessarily the case at all.
@. Now. doctor, you didn't save any
Of these materials with which you
made your tests in this case. did you
A. Oh. no. those analyses were made
and the stun was destroyed.
Q. DID you call in any other chem
you? A. No. sir. did not.
Q. You made 1t all by yourself?
A. Yes.
@. And kept It all to yourself, did
you? A. did. I told Mr.. Dorsey and
Mr.. Dorsey told me not to tell any
body.
Q. I understand. You told Mr.. Dor
sey and he requested you not to tell
1t. but you called In no other chemist
as representing this man (the Dc.
fendant) or anybody else to see any
Of these things? A. No.
@. Wasn't this question asked you:
Doctor, in your opinion, how Ions
would you say this cabbage had been
In the stomach Of Mary Phagan be-
fore she met her DEATH" and wasn't
your frst answer; We'll. 1t Is impos
sible for one to say absolutely about
that? A. Yes. sir. I should say So
@. Then. Is that so or not? A. Yes
sir. nobody could say within a minute
|. @. Well, could you say within. two
minutes? A. No. sir. don't think so
The Washington times., 1915-02-14
Scott When Recalled
Admits Conley Lied.

Cross-crantinatton by hr. Ross>r
Q. You had information or Monday,
after the crime. about Mrs White claim
ing she saw darky at tn. pencil Fac.
tory? A. Yes SIR.
Q. Dia you give that Information 10
the police Department. A. My rtcCl,ec-
ton u that did
CONTINUED on yesisv vsns rASe,
The Washington times., 1915-02-14

within an hour. think those are the
connection.
Q. Do you know whether or not the
fact that Nis cabbage In Mary Pha-
gan's stomach was undigested was due
to indigestion-failure to digest IT.
A. No, sir, 1t was not, because the gas
trio Juice was there and the stomach
was normal
The Washington times., 1915-02-14

@. You say you don't think he would
DO SO! How long would you say It is
possible for cabbage like that to have
remained In that stomach-I am speak
Ing Of possibilities now? A. have seen
cabbage less changed In a stomach
twelve hours
The Washington times., 1915-02-14
Death Would Come
From Nervous Shock.

@. You could cut the skull open and
not find a hemorrhage or anything else,
isn't that so: A. Yes. death would
be from nervous shock.
@. So. doctor, how are you going TO
tell in given case what was ar In
Ucatton that Inconsistencies had been
produced sr - not been produced7
The Washington times., 1915-02-14

The direct examination Of DR.. J.
Nv. Hurt, county physician, re-
suited in testimony virtually a du-
1 plication of that Of DR.. F. H. HarI
ris. who first was called totthe
stand. DR.. Hurt described tho
cuts and wounds on the girls
body, the numerous scratches on
her face. and, like DR.. Harris.
gave 1t as his opinion that she
died from strangulation. He diff
fered from Dr. Harris only In his
belief that the girl was not the
! victim Of violence other than that
which resulted in her death.
Characterization BY Mr.. Arnold
9. Doctor, when did you first see this
girl? A. first saw hef on April p
about o'clock, which was Sunday
morning.
@. Now. where did your examination
begin? A. first examined the face.
Q. And you say you found numerous
little cuts on her face? A. Yes. sir.
Q. And that looked like she had been
dragged, perhaps? A. 1t had that ap,
pearance to me.
Q. Had that appearance. as though
she had been dragged face downward
didn't It? A. Yes sir.
@. Through dirt and cinders and
things OF that sort? A. 1t had that ap,
pearance.
Q. If some one had caught her by the
heels and dragged her for a distance
would 1t have looked somewhat tha
way-dragged her on the face or head
A. don't think SO: the scratches or
the elbow. on both elbows, seemed Il
have been going this way dioating)
Q. Then you think, IL she va.
dragged. she was dragged face down
ward? A. That Is my impression.
Q. And II did look to you like she
had been dragged that way, you say ?
A. Thsx 70 the way q looked.
The Washington times., 1915-02-14
Family of Mary Phagan at Her Funeral in Marietta Ca

Girl; Mrs. j. w. Coleman Her Mother; j. w. Coleman,
Her Stepather, and Benjamin Phagan. Brother in ths
NaVy.
The Washington times., 1915-02-14

Direct examination BY Nv. Arnold
O.. DR.. Childs qualified a. an ex-
pert on the examination Of MIR.
Arnold, relating his medical and
surgical experience and specify
Ing the institutions 1T which he
learned his profession. He wAs
called out OF the intended order
because Of leaving town the next
day on . vacation.
Q. Now. doctor. l want to ask you
some questions-some Hypothetical quss-
tions first: A person dies and the body
Is found about 8 o'clock in tho morn-
ing: riRor mortis was not quite COM
plete: the body was not embalmsd. my
recollection is. until about 10 o'clock the
next day: that body is taken UP nine
mortem is made: the physician nnds .
wound-a cut-on the back Of the head
behind the ear about two ana one-quar-
ter inches long. according TO one ply
clan. apd ono and q half inches long
according to another. and 1t goes
through to tho skull: the skull is not
hurt: under that wound in the skull
there Is found perhaps a drop Of blood: !:
there Ii no pressure on the brain, no
injury to the brain. no fracture OF the
skull. no indentation-I want to ask
you as a physician. nine days after
death. under those circumstances, could
any physician determine whether on not
that wound produced unconsciousness7
A. He might hazard a guess whether
1t did or not. I don't think 1t would be
possible to determine It. absolutely.
Q. Now. 10 there anv way of telling.
or OF q doctor forming any sort OF ac-
curate opinion. on the state OF facts as
70 u-ha ho
produced unconsciousness or did not
produce unconsciousness? A. Not by
any statements you have made to me
thus far
Q. Would It be anything hut a guess
for party to say that the patient had
become unconscious before death? A.
would say II would be a guess.
The Washington times., 1915-02-14
Attacks Prosecutions
Theory of Death.

@. Nothing but a guess. Doctor, isn't
1t fact that Immediately after death.
a wound can be inflicted which has the
appearance of bleeding? A. II that
wound 10 produced within period vary
ing from one to three hours 1t has the
appearance Of a wound produced imme-
diately before death; that Is, there is
an effusion Of blood and a discoloration,
and that discoloration will be present
whether the wound Is produced imme-
diately preceding death or before the
body has become cold, within a period
varying from one to three hours fol-
lowing death.
O. How could you tell whether such q
wound had been inflicted before or after
death. how could any doctor tell or do
anything but guess at that? A If you
had a wound such as you have de-
scribed to me, 1t would be guess for q
doctor to say 1t had been inflicted i'm
mediately before death or within an
hour or two hours. until the body had
become cold. after death.
@. Just as liable to be one time as
the other? A. Yes. sir.
@. Now. suppose the situation 10 COM
plicated by taking UP the body nine
days after death, and after tho body
has been embalmed. does that add to
or decrease the difficulties of giving q
correct opinionT J.. II certainly would
add 10 II.
@. Now. will ask you a question
about n diWe-ent rart ~ the anatomy.
The Washington times., 1915-02-14
Had Made q
Microscopic Test.

microscopic 1eSC.
@. What kind OF examination did you
make Of the glands Of the stomach7
A. Microscopic.
q. That's better than visualf A. Oh.
you can't tell anything by visual exam
ination. that is, unless the changes are
very marked.
Q. Give the Jury some idea, II you
can, of what kind Of magnificatdon you
had when you examined the stomach Of
Mary Phagan. A. My microscopes ara
magnifcation from them all the way
from 40 or SO diameters UP to q couple
Of thousand.
The reader will note that. while
! Solicitor Dorsey was successful
i In fixing the killing Of the girl at
a time when Frank was In the
factory-that is. II the Jury be-
lieved DR.. Harris's estimate OF the
interval between her meal at ll.46
o'clock and her death-he also
fixed 1t at . time Jim Conley was
known to be in the building. and
this testimony, consequently, did
not eliminate the negro - the
possible murderer.
Characterization BY NJ. Arnold
.. Doctor. when did Mr.. Dorsey ilrst
talk to you about making this autopsy7
A. l don't remember.
q. DO you recall when you made the
first examination? A. It was on May
5, II I remember correctly.
q. May 5-the child died on April 2e
or T-that would be about nine days
afterward? A. Yes, II am correct In
that statement. 1t was.
@. Did Mr.. Dorsey request you not to
make the examination public? A. He
did.
.. Did he request you not to tell any
one? A. He did.
q. Did you understand he was max
ing the request as solicitor general or
as an Individual? A. Well, he didn't
state.
Q. What were you seeking to de-
termine by the autopsy? What did you
understand you were seeking: A. There
was some suggestion Of poisoning when
I went out there. but I saw at once
there was no reason for assuming that.
I failed to state on my direct examina-
ton that the stomach contents were
tested for alkaloid poisoning and there
was mono present. OF course. I dis
missed that from my mind. As soon as
saw the girl I saw 1t was . matter
OF strangulation.
The Washington times., 1915-02-14

to your opinion7 A. That IL It.
Q. Doctor, cabbage 10 one OF th<
hardest things to digest that goes into
the stomach. isn't 1t 80 considered? A
1t 10 considered hard to digest.
Q, Don't you know that the time that
II takes to digest cabbage that is vel
masticated 10 from three and a half tc
four hours7 A. think that Is about It
The Washington times., 1915-02-14

nor possibly within ten minutes, but
I should say It was somewhere. as
have often said before. It Aas some-
where between a half hour and three
quarters; of that I am absolutely
certain.
@. Don't It all depend on how much
digestion may have been delayed, and
don't 1t all depend on when the diges-
tion first began to develop? A. or
course. the time element Is the most
important thing g'about 1t.
@. All you are undertaking to say
Is that this stun had been operated
on by the digestive forces for GER
tain length OF time-that Is all you
are attempting to say? A. Yes, sir.
Q. 1 believe you say In that wound
on the skull. there was no pressure
on the brain whatever? A. Pracu-
cally none.
@. And that cut was on the outside
u the head Just behind the ear. about
an inch and q half lonsf believe you
said II went through to the skull. did
you not? A. Yes, sir. 1t cut through
to the skull.
@. There are arteries and veins un-
der that place? A. Plenty Of them:
the scalp IL full Of them. You can
have free bleeding from scalp
wound because 1t Is very promo to
bleed on account Of the fact that the
scalp 10 full Of small blood vessels.
@. This was moro likely to bleed
right At the time It was done? A.
I Certainly.
@. II it Is going to bleed, right at
the time tho injury Il inflicted 10 when
the bleeding Is most likely to occurF
A. Undoubtedly.
@. Right where you found that girl
ia right where you would have ex-
| pected to dnd the most blood. wouldn't
you. doctor-right at tho place where
the injury was inflicted? A. Undoubt-
edly.
This point was made BY At
torney Arnold in his examina-
tion Of the States expert, be-
cause Of the peculiar fact that
at the spot where Jim Conley
| said he picked up the body on
the second floor to carry 1t to
| the basement for Frank there
| Neither was there any blood
! about the lathe on which the
| strands Of hair were found by
r. p. Barrett. One theory Of
! tho prosecution was that tho
l. wound on the back Of Mary
l. Phagan's head was caused by
/ fall against the handle Of the
| lathe in her struggle with
| Frank and thai the strands Of
| hair caught on the handle at
| | this time.
O. I believe you say you don't be-
lieve that injury on the head would
produce death? A. am perfectly
sure not. There was Just about one
kdrop Of blood that was sticking to
the inside of the skull exactly corre-
| spondinR to the place where the in
Jury on the outside was.
The Washington times., 1915-02-14

down, doctor