The Dickinson press., 1917-01-20
DECISION OF JUDGE
NUESSLE IN FAMOUS
MAN OF MYSTERY CASE
CONTINUED from Page 81

of hemorrhage such as this plaintiff suf-
ciusively that the hemorrhage causing
the paralysis in this particular case was
a disease, It seems to me that his tes-
mony is based upon records made long
prior to the commencement of this
action.
Furthermore. we have the testimony
Doctor Loveweii has testified that he
filled out along in 1903 or 4, as recol-
lect It,. showing the height of Jay A.
Caldwell. All Of h witnesses 1 this
this plaintiff as Jay A. Caldwell yet he
appeared shorter than Jay A.: Caldwell.
They have sought to explain this by the
well wore high boots and a high hat.
and they nave further sought to explain
this discrepancy In height by stating
that they thought that a man suffering
fercd must necessarily decrease in stat
ure. However, the various witnesses.
experts presumably qualified to speak
with authority on those matters, have
crepancy Of more han an inch or two
by reason OF the infirmity which this
plaintiff suffers. But the records Of
Doctor Lovewell stand mistaken, ex-
SSpI 90 SllC AAAoy w
his interest in this particular action, SO
tina at the time when Jay A.. Caldwell
was measured in 1904 he stood five feet
eight and a half inches in his stocking
feet, and the measurement here in court
of this plaintiff now stands five feet four
inches or four and a fraction inches, as
1 recollect, and the records for the hos
pital Of the insane show at the time TINS
in 1908 he stood five feet five and a
fourth inches, so that if DR.. Lovewells
record and measurement was autnentlc
and this plaintiff is Jay A. Caldwell, Jay
A.. Caldwell must have Shrunk IN stature
at least. three and a fourth inches prior
to the time he was admitted into the
hospital at Rochester.
And there is another matter that has
been introduced here which it seems. to
me more or less conclusively shows that
this plaintiff is not Jay A. Caldwell, and
that is the matter of the photographs.
l am not making n allowance, l am
I shout say, to the physical character
istics as I see them displayed by the
plaintiff here, by Nj. Caldwell, the de-
fendant;, and by Mrs. Moran, Jay Az, a:
testimony has been offered. 1t seems to
me that some argument might be made
from the appearance of these various in
dividuals and the appearance of the
be made one way or the other. With
out considering them either for the de-
PENDANT or for the plaintiff I have con-
sidered the PHOTOGRAPH Of the ear IN IN
the photographs in this particular case
fered here, and l might say that I have
also examined the ear of the plaintiff,
graphs alone this court would be war;
ranted in finding that this plaintiff is not
Jay A. Caldwell. An examination of the
a. -~1 : <l@ 0yr
that so far as the ear is concerned the
the lobe Of the ear Of Jay 4. Caldwell
vas attached to the cheek, as Mr:
the plaintiff as l have seen it here is
not attached to the cheek, the lobe is
not. But there is more than that. Any
of you who have examined the photo
copies made from it, will notice there is
a projection on the ear of Jay A. Cald-
we'll. l noticed it particularly l may say
because it is a CHARACTERISTIC which one
it will appear that the ear is very much
different in general conformation from
the ear Of the plaintiff in this particu-
lar case. Not only is the lobe of the
of the lobe is much longer than the lobe
as it appears in the photograph.
$50 it seems to me that taking all OF
these matters into consideration, the tes-
timony of the defendant is not only suf-
timony of the defendant is not only suffici-
ent to overcome the testimony of the
plaintiff In this particular case, not only
tabIished his HI ca case I BY c a prepo"derance Of
the evidence, in my judgment the de-
PENDANT by his evidence which ! have
mentioned, the evidence which SO far as
| can see was created long prior to any
shows conc!usiveIy beyond any reason.
plaintiff are not one and the same per-
So son: thI+ MIGHT Ugh say say that Mar ar" ns 50 sat S fled
physical! and mental condition Of this
plaintiff, were he normal, I should I'M
hesitatingIy summariIy commit him for
pc psr 1S;: and req u y the states tfns attorney
However, in view of the fact as know
it, and in view of the testimony that has
been offered in this case, think that
this Jl p!a IN n 6aI %Sy himself believe that he
1T seems to me from the testimony
that has been offered here this plaintiff
been educated. 1 don't mean by that
to inSinuate that these good friends and
Gated him or that his attorneys nave in
any manne done that. I am satisfied
they LAY not and that they are in
absolute good faith, but it seems to me
is not here to defend herself and I
shall not say anything more of her than
to characterize her thus, and the equally
unspeakable Greenebaum, as evidence by
letter, "Exhibit l." must have edu-
Gated this mar with the idea of bring
ing an action such as this is. 1t seems
to me that this Exhibit 1" here dem
the methods hat were used by
people to get the information with
they were subsequently enabled to
more or less educate this plaintiff into
the belief that he himself was Jay A.
Caldwell. I think that this plaintiff has
.onestely believed and doubtless does be-
ieve at this time hat he is Jay A.
Caldwell It lis an unfortunate condition
which cannot alter the judgment in this
particular case, to justify any other judg-
than what is necessary must be en-
tered.
Il have ~endeavored to state briefly
some of the things which compel me to
order the judgment which I must order:
It seems to me that the matter might
be reviewed very much at length; that
matters might be stated, conclusions
be stated which can very reason
be drawn from this evidence, which
would tend to strengthen the plaintiffs
and likewise which would tend to
the defendants case.
THE judgment of this court will be
now for the defendant. Necessarily, this
having been made it will not be
to enter Upon any Of the
legal phases which might ave been in
quired into had the finding of fact been
Furthermore, it won't be
necessary to pass upon any other ques-
of fact which have arisen in this