Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-04

u. a. fotay's session OF the hear
Il .f., ,of smith et al, accused OF re-
|.hlIity for the muraer IN .he ftth
1lonographically reported, was as
....,.ntlv A. 1880 Judge Brown entered
h. ...',rfroom and the trial was on.
NJ, oofdon. II your Honor please. I move
.... Honor to appoint two more we'll
..>1.n aklllfui and uninterested physicians
nx1flihe Senator McNichol as TO his
..aIth. TO advise your Honor whether he
-,nId with safety be compelled tomorrow
ld attend this court TO give testimony. and
III IN their opinion, he cannot with safety
rnne. when, in their professional judgment
II would be safe for Mr., McNichors health
10 compel him to come here under subpoena
and testify. ! would suggest that one OF
those physicians be general practitioner
and that another be surgeon, and II a
third Is appointed he be such physician as
your. Honor shall think proper.
The Court am rather loath to cast a
reflection upon Doctor Krusen or Doctor
steueel.
MIR. Gordon His testimony is not to a
fact but only a professional opinion NO
body can be cocksure.
IL is only we lawyers in our opinion of
the law who think dogmatically, hut no
physician should object to having a con-
euiting physician review his opinion or df-
fer from his opinion. AS I stated to your
Honor Senator MCNlCuOl Sdlu " Ntn I
the doctor thought It would require at
least some time before he was able to ap-
near said Don't you think you might
come on Friday?" Wen" he said, may
be. Friday" That was my conversation
with Senator McNichol. We are all human.
even Directors of Public Health and Char
ities and he may be wrong in his guess
that the excitement Of this courtroom would
ba detrimental to Senator McNichol, whose
poise and coolness are known 70 all of us.
He is suffering from no organic malady
as was stated. All the ordinary symptoms
are normal. the pulse, temperature respira-
tiou Doctor Krusen thinks that the ex-
citement might hurt him Well subject
lively. upon that subject probably Senator
McNichol could speak with as much GER
tainty as Doctor Krusen. But, your Honor
/ think. ought TO be further advised on a
subject so problematcal as that,
Your honor | desire to offer in evidence
the act Of Assembly OF February ., 1854
p. L. 26), and | read in evidence the fol-
lowing from that act OF Assembly:
II shall be the Mayors duty to be vigil
liant and active in causing the laws and
ordinances Of the city to be duly executed,
for which purpose all policemen and
watchmen shall obey his orders and make
report to~him, and acting under his or
ders and he shall exercise constant
supervision and control over the conduct
of all subordinate officers, receiving and
examining all complaints preferred
all such duties as may be prescribed by
the laws and ordinances Of the city and
Of this Commonwealth.
1 also desire to offer In evidence wha
is commonly known as the Bullitt bill, he
ing an act OF Assembly approved the 9tl
day Of June, 1855, and 1 read in evidence
from the first section. Article II, section
one of that act, as follows:
1t shall be the duty Of the Mayor to
cause the ordinances Of the city ana
the laws Of the State to be executed and
enforced to perform such duties as may
be prescribed by law or ordinances and
he shall be responsible for the good order
and the efficient government of the city
From the same article and section, reat
as follows:
The Mayor may, by written order, to be
transmitted to Select Council, give. his
reasons therefore, Cor removing from Of
fee any head of department, director or
other officer appointed by him.
I also read from the same act, the Bul
lit bill. as follows;
Article II, Section /. Each department
shall furnish to the Mayor or Councils,
or either branch of Councils, such infor-
nation as he or they may at any time
determine in relation to its affairs.
And from the same act;
The Mayor shall have all the jurisdic-
ton and power of a sitting magistrate
throughout the city.