The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-01-24
.jURY CAUSED
WELLER DEATH,
|DR. MEYER SAYS
.....,wt Physician Is Permitted
4 testify al Murder Trial
rs Expert.

T.. ne opinion Of DR.. A. Henry
al Davenport, Harry Mueller
n. from the effects Of injuries 10
had. Called yesterday after
AZ witness in the trial Of
a and William Weaver for
nurder of Mueller, the doctors
~ TO testify as an expert was
f.ss,oned by the defense. After
r,ar arguments this morning,
- ". T. Church overruled the
s ~. and permitted DIR. Meyer
s,srer a hypothetical question.
ne ~ ouestion summed up the cir
-nstsaces claimed to have sur
s..,dpd the death of Mueller from
N. ate of the beating admins
- nv the Weavers. Jan. 20. 1921.
II. Igly Is, when Mueller died, and
49, Il the witness had sn opin-
r. a. 10 the cause of death "A sub
..suent question brought the an
.rsr alleging death due to injur-
IN eross-examination the de-
aase asked the physician if his an
yer would have been different, as
,uning Mueller's death was due to
-pcer The state objected on
,rounds that the witness had not
,serred to cancer in connection
nth Mueller's death. Referring
.s,cihcally to this point, the de-
iase asked the doctor if he had
AZ spoken Of tumor as a cancer.
m said he had in that tumor is re-
arded as a type of cancer but diff
by saying cancer is de-
sructive to tissue life while tumor
ssses death from pressure.
DR.. Meyer gave Mueller a ply
acal examination July 8, 1921. He
aid his conclusions then were that
vpeller was suffering physically
and mentally from the effects of in
suries to the head.
Challenge Fitness.
Leading up to the question call
ing for an opinion, the state
brought out that DR.. Meyer had had
TACTICAL experience in the treat
nsnt of tumors Of the type found
ID Mueller's brain, and that he had
also acquired knowledge of them
rom study. The defense objected
o his qualification, as in the case
Of Dr.. A. f. kohler of Moline, and
4 vas on this question that the
coart heard arguments this morn
log In submitting his ruling.
Judge Church held that a physician
iualifes to give expert testimony
y reading alone. or by scientific
sSearch and treatment of eases, or
y the combination of these, aud
leclared both DR.. Meyer and DIT.
iohler Qualified.
At the finish of DR.. Meyers testi-
Hony, Assistant States Attorney r.
!. Eagle sought to have the court
sverse its ruling that excludes
IS. Cora Mueller. widow of Harry
heller. as a witness on questions
Mueller's physical condition dur
g the time of his married life.
pon Mrs. Mueller's return to the
ntness stand, the defense object
I and wa Sustained. The states
torney then had the record show
bat his object in seeking to re-
famine Mrs. Mueller was for the
arpose OF Offering in evidence the
Serall jacket worn by Mueller the
az Of the beating, saying it has
N heretofore been identified nor
1ered in evidence.
Objections Raised.
objections were raised on the
rounds that the exhibit referred
. has been offered previously, and
uther that the assistant states
uorney was not in court at that
me and that the states attorney
'as not in court this morning.
Inc court sustained the objec-
ions, principally, it was said, be-
aase OF the absence of the assist
nj states attorney at the time in
Iaestion and the absence of the
tAtes attorney this morning when
ne eHort was conducted.