The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-08-24

.SAS
derision of police mistakes fought for
| ma stery over the disloyalty of suspicion.
From time to time eyes were turned
toward Lady Tremaynet Her face mark
ed the agony she felt She had faith in
nothing but her husband, but the suspense
was killing her. The prosecuting counsel
concluded an hours speech with these
wetghty words:,
THE burden. gentlemen OF the Jury. is
upon the prosecution. and rightly SO. of
| proving to you that the body in the wood
was the body of Sir Basil Wilkinson.
Identification is not q matter of aff1rma-
tive proof. It 10 question of cumulative
evidence. In ordinary things of life the
| testimony of q second witness more than
doubles the value Of q solitary one. The
additional evidence Of third person
tainty. Apply this to q question of identi-
hcation. where your evidence is based
not on the verbal statements Of eye wit
nesses. who may be mistaken, but on
certain facts Of similarity about which
there is no possibility OF error. There
may be one popularity common to many
human things. You might fnd twenty
skeletons all showing fracture Of the
collar bone or Of the left leg. But the
number Of skeletons in which you viii
find both IL infinitesimally small The
cumulative force of the double identihca-
ton is enormous. Add the testimony of
moved from the troubled waters Of spec
ulation to the solid earth of established
fact
1T will be for you when you have
heard the medical evidence to say wheth-
er you believe that the body of Sir Basil
Wilkinson was ever lost at sea. 1t will
be for you, when you have heard the po-
lice evidence as to what was found in the
nameless grave with the skeleton, to say
whether 1t has not been proved to your
Al,o& z-fa 4hn h0Y
was guilty of the murder of his kinsman
and his friend. The oath which you have
taken, gentlemen. is q serious one. You
must give your verdict. unmoved by
prejudice. unswayed by sympathy
He paused for moment to search his
brief for the name of his first Witness.
Nearly every one in court rustled into
new position of relief. The heat was
great. but while he had been speaking
scarcely q movement could be heard. The
ed discomfort. t
Call DR.. Anderson" ~
He took the oath and turned to give his
evidence.
II think" said the prosecuting coun-
Sci, you made an examination of this
skeleton"
ct did"
"How long ago should you say IT was
buried?"
About ten years"
'Male or fernale7'
ga male of adult age"
''was there any hair on the skull7"
Eyes, fair amount
"What COLOR"
Brown, with a tinge of red"
I'm what state were the teethT'
"a perfect set
-He always boosted he'd never been to
a dentist" nnurmured one friend in the
gallery to another
Did you notice any peculiarities about
the bones?''
Theirs had been q. fracture of the left
leg above the ankle and fracture Of the
right collar bone"
The two friends in the gallery leaned
toward each other.
polo" breathed one In a whisper the
recording angel could not hear. 1T was
There
Devon and : Somerset stag hounds"
came back the answer, scarcely louder
than a thought, II took the gate or Its
hinges"
"Of what date, Doctor. continued
counsel. "werc these inJuries?'
"Oh. some years prior to the death
They had been set and treated but a
Fracture can always be recognized"
WAS there any other noticeable
lpointr'
Yes. There had been a severe blow
between the ribs with sharp instru-
lnent."
Sufficient to, cause death?.'
| Undoubtedly
Counsel produced dagger
Might the blow have been produced
by such weapon as this?"
Certainly"
"And the height of the manf-
| About six feet
There was deadly silence when Gale
rose to cross-exan1ine.
You said. DOCTOR" he began quietly.
"that the skeleton must have been buried
for ten years. Is it not the fact that once
the flesh has disappeared from a body it
is almost impossible to say anything as
to the length of time it has been in
| terredT'
at is difficult to be very dogmatic."
! Chemical changes take place faster in
some soils than in others?"
| True
Would it have been possible for the
skeleton to have been there fifteen
II cannot say Tmpossible'-but think
! improbable
Or even twenty"
MY answer is the same
AT the time you made your examina-
} ton were you aware Of Sir Basil's dis
5 appearance7"
: Yes"
: Were you also aware that Sir Basil
had fractured his ankle and his collar
. bone?"
Certainly"
, did you know that a certain article
| alleged to be the property of the prisoner,
: had been found in the earth above the
| skeIeton?''
/ Yes
And that suspicion was being cast up
on the prisoner as the murderer of Sir
Basil?'
TT was being suggested"
! Now, DR.. Anderson. knowing as you
did the date of Sir Basil's disappearance.
! knowing the suspicion attaching to the
prisoner, are you prepared to swear that
your mind has not been influenced by
these things in arriving at your conciu-
. sion of a ten years interment and no
more?',