Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-02-12


DIR. John f. Culp. DR.. IT. Il. .weiner
and DIR. George r. Mofitt, the city
bacteriologist. were the physicians
called to substantiate the defense's s
contention that not pneumo-thorax,
but diphtheria germs, brought about
death.
DR.. Swartz Moves His Chair
The only little ripple that broke the
monotony of an otherwise more or less
uneventful morning occurred when DR..
]. r. Swartz moved over to the coun-
sci table and took a seat behind Attor-
ney Meyer District Attorney Stroup
thought the witness was sitting too
close to the jury box. The railing was
only few feet away.
Now I don't want to be captious,
your Honor" suddenly declared Mr.
Stroup, but | would suggest that the
witness for the defense is sitting Just
within two feet of the jurors"
DR.. Swartz apologized for his unin-
territorial proximity to the jury and
moved his chair.
The principal feature about the
medical testimony was the direct state
ment of DR.. Moffitt, city bacteriologist.
that he Thought DR.. Miller. the Com
monwealth's physician, must have
been mistaken" in stating that pneumo-
thorax caused the death of Margaret
Shuman.
DR.. Culp left the stand shortly after
court convened this morning. He dis
cussed the finding of evidences of
diphtheretic conditions in the lungs
and throat of the dead girl. In answer
to question he said that he believed
pneumo-thoraX could be produced by
an obstruction in the bronchial tubes.
DR.. H. r. Wiener was recalled to tell
of having taken cultures from the
throat and lungs of Margaret Shuman
and of having left the cultures with
Dr. George r. Moff1tt, the city bacteri-
ologist. for incubation.
DR.. Moff1tt followed. Although Dis
trict Attorney Stroup admitted the
bacteriologist's qualifications, Attorney
Hull insisted upon getting the for.
mer's statement of his professional
training and experience before the
jury.
The bacteriologist said examination
showed germs of diphtheria only.
Presence of -thorax, he de-
clared. would be readily evident by the
bulging of the chest Immediately over
the cavity. Furthermore, he differed
from the statement of DIR. J. Harvey
Miller, the States expert, who said
yesterday that the crowding of escap-
ing air from the ruptured lung would
press so forcibly upon the heart as to
cause death.
Disagreed With DR.. Miller
"The air pressure couldn't stop the
heart action, said he. What DR..
Miller said can't be true"
People die of pneumo -thorax?"
questioned Mr.. Stroup on ross-eXami-
nation.
Il have heard So" said DR.. Moffitt.
You've examined other cultures?"
about three thousand"
isn't it fact that the presence of
diphtheria germs is often found in
other persons who are not suffering
from the disease?"
DR.. Moffitt admitted this to be true.
but said that such cases were uncom-
mon.
THE blood clot in the nose would
offer foundation for the development
and growth of diphtheria germs?''
Wouldn't Strike Out Testimony
'The condition of the body which
would lead to this condition might be
favorable to development" replied the
bacteriologist. He added that he is
not sure that diphtheria would cause
pneumo- -thoraX. although it could pro-
duce collapse of the lungs.
After DR.. Moff1tt left the stand the
defense asked that the testimony of
Colonel Joseph b. Hutchison. ex-chief
of police. Detective John Murnane,
Adam Hentchman, William Heickes,
Amos and Edward Stiles be stricken
from the records because their state
ments referred to the trouble in the
Shuman home on August 81. The
State had amended its indictment to
show that Shuman kicked or struck
his daughter on August so. District
Attorney Stroup objected to this be-
cause, he said. these witnesses all told
of conditions that would tend to show
the ill-feeling that existed between
Shuman and his daughter.
The court refused to permit this tes-
%, I,,, .s,ly ~
rule your motion" said President
Judge Kunkel. "but allow you an eX-
ception.'
"the defense rests"
The CoIorcd Maid Again
The first witness to be called by the
State in rebuttal was Eva Budd, the
colored maid of the Shumans. She
had said yesterday that Margaret Shu-
mans injuries were caused by a fall
from her bed.
The maid said she went to work at
the Shuman home on Monday, Au-
gust 80. and that she remained
throughout the rest of the week. Shu-
man came home every evening. Dis
trict Attorney Stroup called the girl to
remove any doubt in the jury's mind
as to whether or not the accused man
was in the house on the night the
kicks and blows were inflicted.
Out From the Chairs Shadow
DR.. Miller was called again. but
failed to respond. and the trial was
delayed for a few minutes while an
effort was made to find him. When
at 11.20 o'clock the physician had not
turned up. District Attorney Stroup
waited no longer.
"The Commonwealth closest" sud
denly announced the county prose-
cutor.
Just before Philip S. Moyer, of coun-
sci for the defense. hogan his closing
address to the jury District Attorney
Stroup formally admitted that the
State had not made out a case that
would warrant a verdict of murder in
the first degree.
Just Before Dawn
How Margaret e. Shuman, just be-
fore dawn, of September 4. struggled
desperately for breath as she slowly
strangled to death. was told to the
Jury yesterday afternoon by the one
person who saw her die. This was Mrs.
Carrie Gilbert. nurse, the first wit
1.-THE girls father" Mrs. Gilbert
said "calIed for me to nurse Margaret
sometime during the evening of Sep
tember 8. When ] got to the Shuman
home the patient was delirious. Some
time toward dawn. round 4 o'clock I
suppose. Margarets curious breathing
attracted my attention. She seemed to
be having an awful time of IT, She
fought desperately one convulsion
paroXysm after another followed.
The Passing of Margaret Shuman
after the third" went on the nurse.
and her low evenly modulated voice
could have been heard in the court