The sun., 1918-11-30
TEETH MARKS USED
FIRST TIME IN TRIAL
Doctor Declares Bites on Mrs.
Hamel's Arm Were Made
by Baksa Girl.
EVIDENCE IS CONTESTED
Expert Witness Says Dental
Identification Is Surer
Than Fingerprints.


criminal courts, so far as known, an
attempt was made yesterday to prove
guilt by records Of teeth marks. This
departure In criminal prosecution was
made by Alfred ]. Talley, Assistant
District Attorney, in the trial Of Eliza
beth Balksa for the murder Of Mrs.
Helen Hamel, a trial which from drab
beginning is becoming prolific in sur
prises. lie attempted to show by ex-
pert witnesses that bite on the arm
, of Mrs. Hamel could have been made
only by the teeth Of the Baksa girl.
The many opportunities afforded for
error made the introduction of the
testimony a ticklish procedure. and
| through misunderstanding of testi-
mony and the spirited objections of
the girls counsel the matter was left
in the air at adjournment. Even DR..
Otto Schultz. who probably holds the
worlds record as an expert medical
witness for the prosecution in murder
| cases, admitted that he knew Of no
case on record of a medical authority
maintaining 1t possible to tell from the
mark of bite that it must have been
made by one particular person.
Piece of Arm Preserved.
II the prosecution could prove its
contention It would be the means of
showing the Baksa woman and Mrs.
Hamel did at some time come into
personal conflict. so its Importance in
this case of purely clrcumstantial evil
dence is very great. And to help in
| this proof DIR. Schultz took from his
pocket a little bottle in which, floating
in alcohol, was something that looked
like wrinkled parchment, marked with
black discolorations. He explained that
it was a piece of Mrs. Hamel's arm
showing the teeth marks.
All present looked from this grim
, bit Of evidence to the face II the young
girl. Apparently it had little effect on
her. for Thomas Mcdonald, Of her
counsel-sald something to her and she
laughed a smothered little laugh and
again became apathetic. At times dur
ing the day, as the prosecution drew
forth carefully worded descriptions OF
these dark marks. she closed her eyes
and seemed about to go TO sleep. as
II she had grown tired of wondering
| what it was all about.
The first chain in the link of evil
dence about the teeth marks was the
production of two white semi circular
casts of the girls teeth, made by DR.
James Cush. lie said the upper cast
was a perfect reproduction made in
nj nGtn nF I'll
made from wax impression and
could not be perfect. Then DR.. Schultz
was asked to identify the teeth with
the marks on the dead woman's arm
! Defence Makes Protest.
L was the signal for which Franz;
Aranow and Samuel Koenig, ATTORNEYS
for the girl, had been waiting, an
they at once hurled every legal cudgel
! they possessed in the direction Of DR.
Schultz. So heated became the discus
sion that Judge Rosalsky finally took
a hand In questioning the doctor. who
| admitted that never before had he
! testified as to whether bites mad been
caused by, particular person. al
though he said he had examined many
bites and come to conclusions regard
ing them.
He advanced the theory that teeth
should form as good a method of
/ ldenuhca;ion as the feet and hands.
etter in fact, for the reason that
every normal person has thirty-two
/ teeth and only ten fingers.
IF all the teeth were taken into
consideration" he said. "in all cree
ton you would probably not find two
persons whose teeth are alike"
Then YOU maintain, said Mr..
Talley, :thdt there is less likelihood of
being mistaken about Identification
} from teeth than from the feet and
hands,
. Yes" said DR.. Schultz.
because of the uncertainty as to the
accuracy of the cast made of the lowe r
/ Jaw Dr. Schultz was confined to re
/ marks about the similarity of Miss
/ Baksas upper teeth with the marks
4 OF upper teeth on the dead woman's
arm. Three of these showed plainly.
Identifies Three Teeth Marks.
Having examined these marks on
J the arm of the deceased, and assum-
/ ing that the cast is correct repro
duction OF the teeth of the defendant.
are You able TO express an opinion as
to whose teeth caused the impress
sion?" he was asked -
Yes" said the doctor THE i'm,
preston of the two medal upper in
cisors and the left lateral incisor is
/ similar to those OF this model, the de-
/ PENDANTS"
! Gould they be produced by any
other human teeth?"t
| 81 think not"
Judge Rosalsky then asked with I'M
: usual gravity If he believed no other
human being could have made those
marks.
Yes. sir answered DR.. Schultz. and
! the most unusual bit of testimony that
/ has been given in "A murder trial in
many years was admitted
! But when IL came to getting an OK
| preston of opinion from DR.. Schultz
whether the lower teeth shown in the
cast caused the marks Of the lower
teeth on the bit of Grewsome evidence
! in the bottle a worse snag was en-
cOuntered Judge Rosalsky finally nut
of the question OF the admisslbillty
OF that conclusion until Monday, so
/ he will have an opportunity of study-
ing the testimony of the dentist who
made the cast.
| Mr.. Talley announced that he will
! conclude his case Monday. and If he