Year: 1876

WHO CAUSED THE DEATH OF cARRUrH p


lands OR THE DOCTORS?


BRIDGErox. N. j., Jan 81. 1876


Promptly al eleven A. NJ District Attorney HOagand
arose and began his address to the jury He said.


GKSTLKMEs or THE JURY-Tha ttroa -. .., -,
you do your duty. The learned connsai,n 49,
ing the for the defendant eloouentIv snoko ~
ruined life and blasted hopes Of c K Lands WIN
that ruined life you have nothing to do Yon arc 49,
10 decide this case not according your sympsthes
but according the evidence The evidence We have.
SSee dead; that on the 18th % Of HaSrS arT1'A ls
he was alive; that on the morning OF that day C X
Lands went 10 Carruhs ONCE armed with this pistol
he waited there from ten TO twenty mnutes n,
Carruth's appearance, and when he arrived shot him
down without WORD; that Carruth tried TO escape by
running from the office through the composing room
but was followed by Lands aud shot No man. gentle
men, would carry weapon like this to the Office OF
another wait from ten TO twenty minutes for the pro-
prietor to appear, and shoot him, without being
tuated by malice aforethought without intending q
murder. But Carruth did not die immediately, and
doctors have been brought here 70 testify that
wound in the brain is mere bagaelle; that Carruth
did die from the effects OF the shooting but as re-
suit Of probing Drs Gross Tuler and Morgan have all
sworn that their probing dd no injury TO the Drain
substance; Dr. Gross probed 10 depth OF two and
half inches but said his probe did no injury TO Car
ruth's brain. From what did these Assesses result
thenf These doctors have all testified tha tthe ball
in favorable position for recovery; that the ball did
not kill him but the Assesses did From what did they
result II not from the INJURY done 10 the brain by the
ball In its passage2 Dr. Thomas testified before you,
gentlemen, that when be made the post mortem the





orihce OF the wound, and II knife or
probe inserted to open these assesses
would have passed through solid brain matter before
reached the nearest abscess. His testimony is that
there could not have been any protruson indicate
that an abscess was working It's way down TO the ori
nce but II there was the Of that abscess tho
injury done TO the brain the aceration made by the
ball in its passage These facts have been proven
you believe evidence you are bound 10 acknowl
edge by your verdict that this crime murder in the
first degree.


Counsel then dwelt upon the journey taken by Car
nj lhnf foka alaa fncf ~
Landis its object 70 compromise felony; the
fendant and his counsel both knew that If they
Carruth out Of the State they would be held account
able and they sent DR.. Gross TO and examine
Carruth and advise journey 30 Clinton, N. Y. What
did they ofcr him settlement The paltry sum OF
SIS O60 sum not sufficient the expenses OF his
sickness This journey brought trouble and excite
ment TO Carruth, and you have heard II testified to
that great mental excitement or trouble was q sum-
cent for the production of abcesses in his brain
That excitement caused by the disappointment In
Carruth's hopes of a settlement which would secure
his family from poverty and the responsibility for that
rests upon LandiS


The evidence OF Landis' insanity next dwelt
upon and the fact that several Of the witnesses
IN employ OF Landis the creatures of his bounty
they had lived upon him for years and would continue
to live upon him. and would do anything for him -
pointed out reason for accepting their evidence
with allowance The testimony OF John l. Burk is
insanity plea With Mr. Lands, who has been mani
Testing symptoms OF insanity for q long time Burk
goes 10 New York while there he takes from him .
loaded pistol Lands acted SO insanely that he
afraid he would inure himself, but when he returned
with Lands TO vineand knowing the trouble he in
his family and believing him TO be insane, he hands
this loaded pistol back 10 him. Who ever heard Of
man who would allow his insane friend TO enter tho
bosom Of his family with loaded pistol in his pockets
II Burk believed Lands TO be insane why did he not
take OF him. and render him harmless possi-
blef


Mr. Harrison testified to meeting Lands at q dress
party Vineland and observing his dress TO be dsor
dered- Lewis Madeira also met lands in Liverpool,
and observed his shabby coat and torn boots Perhaps
II this suit he TO the dress party, and
yet the witness who met Lands in Liverpool believed
him to be insane his clothes were soiled and
his boots torn Why, gentlemen, he Is q fool


AFTER RECESS
District Attorney Hoagland resumed his address


All these precautions (he said) taken by Lands in
guarding his house. giving photographs OF suspicious
to those who TO constitute the guard
not indications Of insanity, but indications OF
real existing danger against which he wished to pro-
vide He did dread danger at the hands OF Com
Meade and his we's brother AS to the testimony OF
Dr. Lane he contradicted by the evidence OF Good
rich He said he believed Lands insane about his
w1fes sanity. Lane said Mrs lands was not insane
that be knew she not. and yet in the
drug store, while Goodrich was putting up a pre-
scription for Mrs lands, Lane told Goodrich
she was insane II Lands has the aint OF Insanity in
his blood because his grandfather insane, aud was
therefore insane AT the time of this shooting, why
should It be claimed that lands was wrong and his
wife not insane when her father and grandfather
died insane and her taint greater than her hus-
bandsf do not want TO say anything against Mrs.
or IL may have been, Mrs Ryan said, that some
thing else the matter with her Dr. Ingram testified
that he and MI Sawyer went to the defendants house
TO persuade him not 10 attend a certain meeting.
Sawyer says he does not remomber what the
conversation was. II he does not remember he does
not contradict Or. Ingram, at least Ingram wrote
down what Lands said and YOU gentlemen, remember
what that Landis declared that he would 60, and
II any melee occurred Carruth should be the first victim;
that he would not fear TO face jury with thai mans
blood on his hands. After the shot fred lands
said TO James Wiley, al have killed him and willing
to the law" The story Of this tragedy
gentlemen, will be told until Carruh and Lands
meet at the bar Of God. To support the testimony
OF their witnesses the defence had Drs Ray and
Buttoph two experts on insanity. These experts
bought and paid for They are peripatetic experts,
who go where they paid 10 go and say what they
are paid to saw Had the State seen them first and
paid them their price they would have testified for the
State, as they have for the defence. You remember
that Colonel Potter read long si Of hypothetical
symptoms, and asked the opinion OF these experts
to the sanity OF the defendant They said he was in
sane They were paid 10 say so. You remember also,
gentlemen, that these same experts remained dur
Ing the rebutta testimony; they heard IL all,
they took notes OF IL, and when at the
close Of the surrebutta they asked IT, in view OF
what they had heard they still considered him insane
They both said they did Who expected them to say
anything esef They paid to TESTIFY they did.
The defence also had Dr. Duffy expert He Is
somewhat notorious We have heard OF HIM before
He is expert al two things, gentlemen This expert
business Is profession and they can be bought and
sold II you have the money to pay We look TO you TO
do your duty TO society and confidently rely upon your
verdict


SPEECH FOR THg DEpHvcs -


The Hon. James A. Nixon then took the noor for the
defence He sid : It hccomes n, y dutv no,v 20 nar





form the part assigned me by my associates This
tragedy when II occurred startled the people every
where They asked what could have caused this
what could have made man who has done so much
good, been liberal and so generous SO leap the
broad chasm between virtue and crimef Something
terrible must have occurred produce this startling
transformation The evidence in prolonged as this
has been lays around somewhat scattered and IL IS our
duty 10 gather together and the superstructure
OF the truth. shall call names speak Of no wit
ness as knave or fool speak disrespectfuy OF
noted ahd able body Of medical men, as peripatetc
has
been charged with the highest crime known TO the
law-thai he indicted upon Mr.. Uarruth a mortal
wound We deny IL This is the FIRST issue. We
tend that the wound mortal In ITSELF that the
wound and malpractice together contributed to his
death and that the misconduct Of the unfortunate Car
ruth himself aided in IL What then was the character
OF the wouhd II was in the posterior lobe OF the brain
The ball went In an inch and quarter struck the alx
and rested upon the tenorum Of wounds OF this char
ncter seventy-hve per cent Dr. Morgan said
In reply 10 Colonel Potter that sevenyhvc per cent Of
such wounds II is in evidence that Mr. Car


u ~. -. In