Nogales international., 1931-09-19
NOGAlES INTERNATIONAL

COlIlSOn-ng SCI N. upon CTOSS eh-
animation he testified that had the
bullet caused mortal wound, Mar
shall would have died within two or
three days following the shooting.
Opposition of states attorneys to
the presentation in evidence OF the
deposition of DR.. Ellis Jones of Los
Angeles, was overruled by Judge o.
Connor after opposing counsel had
argued some time as to it's admis-
ib.lity. Doctor Jones testimony was
then read into the record by Attor-
ney George Darnell reading ques-
tionS with Attorney James P. Boyle
reading the answers of direct ex-
animation by the defense; Prose
cutors VIM. G Hall and Arthur Le-
Prade reading croSs-examination
questions. Testimony of DR.. Jones,
who is reputed to one of the best
| bone surgeons in the west, as shown
by the deposition taken in Los An
geleS, August 5th., covered MARSHALL S
condition from the time Of his ar
rival at the Good Samaritan Hos
pital in Los Angeles to his death.
! Jones testified that upon seeing
Marshall for the first time he in
formed DR.. Van Horn, of Tucson
who had accompanied the wound
ed man to the coast city, that he
was not an operative risk.
/ A similar deposition by DR.. Ern-
est G. Fishpaugh, Los Angeles ply
Sician was read into the record. DR..
Fishpaugh's deposition showed that
Marshalls case had been turned ov-
er to him for observation by DR..
Jones.
/ Replying to the hypothetical me-
dical question regarding the cause
of Marshall's death Fishpaugt gave
as his opinion that death was not
caused from the bullet wounds but
from pneumonia with Septecemia
general blood poisoning) as a Sc
condary cause from infection at the
time of the four operations in Tue
son.
Considerable surprise was occa-
stoned in the court room by the call
ing of DR.. A. L. Gustetter and DR..
w. F. Chenoweth, Nogales physi-
clans and surgeons, as defense wit
nesseS.
Both Nogales physicians qualified
as practitioners of medicine and sur
gerry thru many years, conversant
and experienced in the treatment of
gunshot wounds. DR.. GuStetter eX-
pressed the opinion that death of
Marshall was not caused by the bull
let wounds and that the bullets did
not cause the infection Gustetter
described the operation performed
upon Marshall as an elective op-
Grafton, that it should have requir-
ed but one hour Or one and half
hours at the most to perform.
DR.. Gustetter also testified that
the general rule of the army base
hospital at Des Moines, Iowa, where
he was stationed during the war
as major in charge of ward con-
tanning $50 patients suffering from
gunshot wounds, provided such op-
erations should not exceed one and
a half hours.
DR.. Chenoweth in replying to the
hypothetical question concerning
causes Of Marshall's death replied
that it was not his opinion that
death was caused by the bullet but
that death was caused by infection
accidentally introduced by the pro-
longed operation.
Both Nogales physicians remained
in the court room as medical OBJ
servers listening to testimony re-
garding Mrs. MarshalES physical
and mental condition at the time of
the shooting and prior thereto: in
all probability they will be called
to the stand again by the defense
to testify as to their opinion OF
defendants sandity at the time of