In spite of the promises of the District Attorney, several months passed before the great murder trial was commenced. The public at last were delighted to hear that their love for the harrowing details of a celebrated crime was to be satisfied. A few of the newspapers of the sensational stamp announced that they, and they only, would have the fullest accounts, illustrated with life-like portraiture of the accused, the lawyers, the judge, the jury, and the chief witnesses. This promise was so well fulfilled that on the opening day there appeared several alleged portraits of Dr. Medjora, which resembled him about as little as they did one another.

Several days were consumed before the jury was impanelled, and then at length the prosecution opened its case, which was mainly in charge of Mr. George Munson, a newly appointed Assistant District Attorney, the very man of whom Mr. Dudley had spoken, when his partner had bewailed their unfortunate lot, because they had never been intrusted with a criminal case.

Mr. Munson was a rising man. He had attracted attention, and was receiving a reward of merit by his promotion to the office which he now filled. It was hinted somewhere, that his appointment had been largely dependent upon his conduct of that murder case, during which he had shown a wonderful knowledge of chemistry, for one not actually a chemist. And his having charge of this most important case, in which chemical expert testimony seemed likely to play an important part, substantiated the statement.

He was well versed in law, was keen and quick at cross-examination, and merciless in probing the private lives of witnesses, when such action promised to aid his cause. He was not, however, a very brilliant speaker, but it was expected that the District Attorney would himself sum up. Thus the prosecution seemed to be in able hands. Opposed to them were Messrs. Dudley & Bliss, two young, unknown men, and people wondered why the Doctor, reputed to have wealth, had not engaged more prominent counsel.

Mr. Munson's opening speech was not lengthy. He confined himself to a brief statement of his case, summarizing in the most general fashion what he expected to prove; in brief, that Mabel Sloane had died of morphine poisoning, and not of diphtheria, that the poison had been administered by Dr. Medjora, and that his object had been to rid himself of a woman who stood in his path, an obstacle to the advancement of his ambition. Mr. Munson thus avoided the mistake so often made by lawyers, where, following the temptation to make a speech, they tell so much that they weaken their cause, by affording their opponents time to prepare a more thorough defence.

A few witnesses were called to establish in a general way the death of the girl, her place of residence, and such other facts as are essential in the preparation of a case, in order that no legal technicality may be neglected. But as it is manifest that I cannot, in the scope of this narration, give you a full account of the trial, I shall confine myself to compiling from the records just so much of the evidence as shall seem to me likely to attract your interest, and to be necessary to a full comprehension of the Doctor's position, and relation to this supposed crime.

The first important witness, then, was Dr. Meredith, the physician who had aroused suspicion by reporting to the Board of Health that the girl had, in his opinion, died of opium narcosis. It was apparent, when he took the stand, that he was extremely nervous, and disliked exceedingly the position in which he found himself. Indeed it is a very trying predicament for a physician to be called upon to testify in a court of law, unless he is not only an expert in his profession, but also an expert witness. He finds himself confronted by an array of medical and legal experts, all conspiring to disprove his assertions, and to show how little his knowledge is worth. Generally, he has little to gain, whereas he may lose much in the estimation of his patrons by being made to appear ridiculous on the stand.

After taking the oath, Dr. Meredith sat with his eyes upon the floor until Mr. Munson began to question him. Then he looked straight at the lawyer, as though upon him he relied for protection.

"You attended Miss Mabel Sloane in her last illness, I believe?" began

Mr. Munson.

"I did."

"How were you called in to the case?"

"I was called in consultation by Dr. Fisher."

"You were sent for by Dr. Fisher! Then I am to understand that you and he were good friends?"

"The best of friends."

"And are so still?"

"I think so. Yes."

"And Dr. Medjora. Did you know him before your connection with this case?"

"Only slightly."

"Were you present when Miss Sloane died?"

"I was present for half an hour before she died."

"Exactly! And you remained with her until she was actually dead?"

"Yes, sir. I saw her die."

"Of what did she die?"

"I object!" cried Mr. Bliss, springing to his feet and interrupting the prosecution for the first time.

"State your objection," said the Recorder, tersely.

"Your Honor," began Mr. Bliss, "I object to the form of the question. The whole point at issue is contained in it, and I contend that this witness is not qualified to answer. If he were, the trial might end upon his doing so."

"The witness is only expected to testify to the best of his belief," said the Recorder.

"Very true, your Honor. I only wish it to go to the jury in the proper form. If they understand that this witness does not know of what Miss Sloane died, but simply states what he thinks, I shall be perfectly satisfied."

"You may as well modify your question, Mr. Munson," said the Recorder. Thus Mr. Bliss scored a little victory, which at once convinced the older lawyers present that, though young, he would prove to be shrewd to grasp the smallest advantage. His object had evidently been to belittle the value of the answer, before it was made, by thus calling attention so prominently to the fact that Dr. Meredith could not know positively what he was about to charge.

"In your opinion, what caused the death of Miss Sloane?" This was the new question formulated to meet the objection raised.

"She died of morphine poisoning!" replied Dr. Meredith.

"You mean you think she died of morphine poisoning?" interjected Mr.

Bliss.

"Kindly wait until you get the witness before you begin your cross-examination!" said Mr. Munson, with a touch of asperity. Mr. Bliss merely smiled and kept silent, satisfied that he had produced his effect upon the jury.

"Will you state why you conclude that Miss Sloane died of morphine poisoning?" continued Mr. Munson.

"I observed all the characteristic symptoms of morphine narcosis prior to her death, and the nature of the death itself was consistent with my theory."

"Please explain what the symptoms of morphine poisoning are?"

"Cold sweat, slow pulse, stertorous breathing, a gradually deepening coma, contracted pupils, which, however, slowly dilate at the approach of death, which is caused by a paralysis of the respiratory centres."

"Did you observe any of these symptoms in Miss Sloane?"

"Yes. Practically all of them."

"And would these same symptoms occur in any other form of death, except from morphine poisoning?"

"They would not. Of course they do not apply to morphine only. They are generally diagnostic of opium poisoning."

"But morphine is a form of opium, is it not?"

"Yes. It is one of the alkaloids."

"Now, Doctor, one more question. You have testified that you attended this girl in her last illness; as a physician you are familiar with death from diphtheria; you have stated what are the symptoms of morphine, or opium poisoning, and that you observed them in this case; further, that an identical set of symptoms would not occur in any other disease known to you; now, from these facts, what would you say caused the death of Miss Mabel Sloane?"

"I should say that she died of a poisonous dose of some form of opium, probably morphine."

"You may take the witness," said Mr. Munson, as he sat down. Mr. Bliss spoke a word to Doctor Medjora, and then holding a few slips of paper, upon which were notes, mainly suggestions which had been written by the prisoner himself, and passed to his counsel unperceived by the majority of those present, he faced the witness, whose eyes at once sought the floor.

"Doctor," began Mr. Bliss, "you have stated that you are only slightly acquainted with Dr. Medjora. Is that true?"

"I said that I was only slightly acquainted with him prior to my being called to attend Miss Sloane. Of course I know him better now."

"But before the time which you specify, you did not know him?"

"Not intimately."

"Oh! Not intimately? Then you did know him? Now is it not a fact that you and Dr. Medjora were enemies?"

"I object!" exclaimed Mr. Munson.

"I wish to show, your Honor," said Mr. Bliss, "that this witness has harbored a personal spite against our client, and that because of that, his mind was not in a condition to evolve an unprejudiced opinion about the illness of Miss Sloane."

"I do not think that is at all competent, your Honor," said Mr. Munson. "The witness has testified to facts, and even if there were personal feeling, that would not alter facts."

"No, your Honor," said Mr. Bliss, quickly, "facts are immutable. But a prejudiced mind is as an eye that looks through a colored glass. All that is observed is distorted by the mental state."

"The witness may answer," said the Recorder.

At the request of Mr. Bliss the stenographer read the question aloud, and the witness replied.

"Dr. Medjora and myself were not enemies. Certainly not!"

"Had you not had a controversy with him upon a professional point?"

"I had an argument with him, in a debate, just as occurs in all debates."

"Precisely! But was not this argument, as you term it, a discussion which followed a paper which you had read, and in that argument did not Dr. Medjora prove that the whole treatment outlined by you was erroneous, unscientific, and unsound?"

"He did not prove it; he claimed something of the kind!"

"You say he did not prove it. As a result of his argument, was not your paper refused publication by a leading medical journal?"

"I did not offer it for publication."

"I think this is all incompetent, your Honor," said Mr. Munson.

"You may go on," said the Recorder, nodding to Mr. Bliss.

"Is it not customary for papers read before your societies to become the property of the society, and are they not sent by the society to the journal in question?"

"Yes, I believe so."

"Was not your paper sent to the journal as usual, and was it not rejected by the journal?"

"I do not know that it was."

"Well, has your paper been published anywhere?"

"No."

"You said that you were present when Miss Sloane died. Now how did that happen. Were you sent for?"

"No. I had seen the patient with Dr. Fisher during the day, and she seemed to be improving, so much so that Dr. Fisher decided that we need not see her until the next morning. Later I thought this a little unsafe, and so I called during the evening."

"Oh! Dr. Fisher thought she was well enough, but you did not. Was that why you called at night?"

The witness bit his lip with anger at having made this slip.

"I live near, and I thought it would do no harm to call."

"Now when you called, you have stated that you were with her for half an hour before she died. Did she die a half hour after you entered her room?"

"In about half an hour."

"How soon after you saw her, did you suspect that she had been poisoned?"

"Immediately."

"Oh! Immediately! Then of course you made some effort to save her life, did you not? You used some antidotes?"

"It was difficult. At first of course there was merely a suspicion in my mind. I tried to have her drink some strong coffee, but deglutition was almost impossible. This is another evidence of the poison."

"Now, Doctor, be careful. You say that impaired deglutition was due to poisoning. But do you not know that deglutition is most difficult in cases of diphtheria?"

"The patient swallowed very well in the afternoon."

"But if she had grown worse, if the false membrane had increased, would she not have had greater difficulty in swallowing?"

"Yes, but – "

"Never mind the buts. Now, then, when you found that she was too ill to swallow, what else did you do?"

"I injected atropine, and sent for Dr. Fisher."

"Oh! Then you did send for Dr. Fisher?"

"Yes."

"Did he arrive before she died?"

"Yes. About five minutes."

"Did you suggest to him that the patient was dying of poison?"

"I did, but he would not agree with me. Therefore I could not do anything more, as he was the physician in charge."

"Is Dr. Fisher a skilful man?"

"Yes."

"As skilful as you are yourself?"

This was a hard question, but with Dr. Fisher present, only one answer was possible.

"Certainly, but we are all liable to make a mistake."

This was a bad effort to help his cause, for Mr. Bliss quickly interposed.

"Even you are liable to make a mistake, eh?"

"Of course, but in this instance I saw more of the case than Dr.

Fisher did."

"Still, Dr. Fisher was present for several minutes before this girl died, and though you suggested that she had been poisoned, and proposed taking some action to save her from the poison, he disagreed with you so entirely that he made no such effort. Is that right?"

"Well, there was very little that he could have done anyway. It was too late. The drug had gone too far for the stomach-pump to be efficacious; the atropine had had no beneficial result, we had no means of applying a magnetic battery, and no time to get one. Artificial respiration was what I proposed, whilst waiting for a battery, but Dr. Fisher thought it a useless experiment, in presence of the diphtheria. He offered to perform tracheotomy, but as I considered that the respiratory centres had been paralyzed by morphine, I could see no advantage in that."

"So whilst you two doctors argued, the patient died?"

"It was too late for us to save her life. The coma was too deep. It was a hopeless case."

"Now, then, Doctor, let us come to those symptoms. You enumerated a list, and claimed that you observed them all. The first is cold sweat. Did you notice that specially?"

"The cold sweat was present, but not very marked. It would be less so with morphine than with other forms of opium."

"Oh! So there was not much sweat after all? Now was there more than would be expected on a warm night such as that was?"

"I think so. It is only valuable as a diagnostic sign in conjunction with the other symptoms."

"Next we have slow pulse. This was a half hour before death. Does not the pulse become slow in many cases just before death?"

"Yes."

"Very good. Not much sweat, and slow pulse does not amount to anything. What next? Oh! 'stertorous breathing.' That is not uncommon in diphtheria, is it, Doctor?"

"No."

"Just so. Now then, 'gradually deepening coma.' That is to say, a slow sinking into unconsciousness. Or I might say, dying slowly. Is a slow death of this kind only possible where opium poisoning has occurred?"

"No."

"Lastly we have the contracted pupils. That is your best diagnostic symptom, is it not, Doctor?"

"Yes. It is a plain indication of opium."

"Now then, Doctor, admitting that the contracted pupils are a sign of morphine, how did you determine, in that darkened room, that there was a contraction of the pupils?"

"I passed a candle before her eyes, and they gave no response, whilst the pupils were contracted minutely."

"How small?"

"As small as a pin's point."

"Now then, Doctor, you answered a lengthy question for Mr. Munson and you told us that these symptoms, that is, all of them occurring together, would not be found in any other condition than that which in your opinion would be the result of opium poisoning. Please listen to this question and give me an answer. Suppose that a patient were suffering with diphtheria, and were about to die of that disease, and that some time before she died morphine were administered in a moderate, medicinal dose, would it not be possible to have the contracted pupils such as you have described as a result of the morphine, whilst death were really caused by diphtheria?"

"I object!" cried Mr. Munson, quick to see the ingenuity of this question, which if answered affirmatively by the witness would leave the inference that Miss Sloane might have taken a non-poisonous dose of morphine and still have died of diphtheria.

"The question seems to me to be a proper one," said the Recorder.

"Your Honor," said Mr. Munson, "this witness is here to testify to facts. He is not here as an expert. That is a hypothetical question and does not relate to the facts in this case."

"It is no more a hypothetical question than one which the prosecution asked, your Honor. He asked if the described symptoms could occur in any other disease. The witness was allowed to answer that."

"Yes," said the Recorder, "but you made no objection. Had you done so, and claimed that this witness could not give expert testimony, I would perhaps have sustained you. I think you may leave your question until the experts are called, Mr. Bliss."

"Oh! Very well, your Honor. I should prefer to have an expert opinion upon it. If this witness is not an expert, of course his opinion would be of no value to us."

This was a rather neat manoeuvre, tending to further discredit the witness, without placing himself in opposition to the Judge, an important point always. Mr. Bliss then yielded the witness, and the Assistant District Attorney asked a few more questions in re-examination, but they were mainly intended to re-affirm the previous testimony, and so obtain a last impression upon the minds of the jury. Nothing was brought out which would add to what has already been narrated. Court then adjourned for the day.

CHAPTER VI.
DAMAGING TESTIMONY

On the following day the newspaper accounts of the trial, and especially of the sharp cross-examination of Dr. Meredith, attracted a tremendous crowd, which assailed the doors of the court-room long before the hour for opening. Every conceivable excuse to gain admission was offered. Men claimed to be personal friends of the prisoner, and women brought him flowers. Some essayed force, others resorted to entreaty, whilst not a few relied upon strategy, appearing with law books under their arms, and following in the wake of counsel. Thus when the Recorder finally entered, and proceedings were begun, every available seat, and all standing room was fully occupied by the throng, which, without any real personal interest in the case, yet was attracted through that curious love of the sensational, and of the criminal, which actuates the majority of mankind to-day.

The first witness was called promptly. This was Dr. McDougal, the Coroner's physician, to whom had been intrusted the autopsy. He gave a full account of the operations performed by himself and his assistants upon the body of the deceased. He described in detail each step of his work, and exhibited a thoroughness and caution which more than anything demonstrated that he was the expert pathologist which the prosecution claimed him to be. Indeed, it would be well in great trials, if those having charge of autopsies would emulate the example of Dr. McDougal. He explained how, before opening the body, it had been thoroughly washed in sterilized water, and placed upon a marble slab, which had been scrubbed clean and then bathed in a germicidal solution. Next new glass cans, absolutely clean, had been at hand, in which the various organs were placed as they were removed from the body, after which they were hermetically sealed, and stamped with the date, so that when passed into the hands of the analytical chemist, that gentleman might feel assured that he received the identical parts, and that nothing of an extraneous nature, poisonous or otherwise, had been mixed with them. It was evident that this careful man made a deep impression upon the jury, and that his statements would have weight with them, not alone as to his own evidence, but by strengthening the chemical report, since he had made it apparently assured that if poison had been found, it had not reached the body after death. Finally, Mr. Munson brought his witness to the point of special interest.

"From what you observed, Doctor," said he, "are you prepared to assign a cause of death?"

"I should conclude that she died of coma!" was the reply.

"Can you state whether this coma had been produced by a poisonous dose of morphine?"

"I should say that it was very probable that opium in some form had been exhibited, in a poisonous dose."

"State specifically why you have adopted that opinion!"

"I found the brain wet, the convolutions flattened; the lungs, heart, liver, and spleen, distended and engorged with dark fluid blood. The vessels of the cerebro-spinal axis were also engorged with black blood, and the capillaries of the brain, upon incision, vented the same fluid."

"And these signs are indicative of opium poisoning?"

"They are the only evidences of opium poisoning that can be discovered by an autopsy. Of course a chemical analysis, if it should show the presence of the drug, would go very far to corroborate this presumption."

"Then if the chemical analysis shows the actual presence of opium, would you say that this patient died of opium poisoning?"

"I would!"

"Doctor, it has been suggested that she died of diphtheria. What is your opinion of that?"

"I found evidences in the throat and adjacent parts, that the woman had had diphtheria, but, from the total absence of false membrane, I should say that she was well on the way to a recovery from that disease, at the time of her death."

"Then from these facts do you think that she died of opium poisoning?"

"I think it most probable, judging by what I found after death."

"It has been testified by the physician in charge of the case, that the symptoms of morphine poisoning were sufficiently marked for him to deem antidotes necessary prior to death. Would not that corroborate your own conclusions?"

"If correct, it would substantiate my opinion."

Considering the very positive and damaging nature of this evidence, it was thought that the cross-examination would be very exhaustive. To the surprise of all, Mr. Bliss asked only a few questions.

"Dr. McDougal," said he, "did you examine the kidneys?"

"I did."

"In what condition did you find them to be?"

"They were much shrunken, and smooth. Non-elastic."

"Is that a normal condition?"

"No, sir. It is a morbid condition."

"Morbid? That is diseased. Then this woman had some kidney disease? Do

I so understand you?"

"Unquestionably!"

"Can you state what disease existed?"

"I should say Bright's disease."

"Might she not have died of this?"

"No. There was evidence of the existence of Bright's disease, but not sufficient to adjudge it a cause of death."

"But you are certain that she had Bright's disease?"

"Yes, sir."

"That is all."

Professor Orton then took the stand for the prosecution. Under the questioning of Mr. Munson, he described himself to be an expert analytical chemist and toxicologist. He said that he was a lecturing professor connected with the University Medical College, and clinical chemist for two other schools, besides being president of several societies, and member or honorary member in a dozen others. Then, proceeding to a description of his work on this particular case, he explained in almost tedious detail his methods of searching for morphine in the organs taken from the body of the deceased. Some of these tests he repeated in the presence of the court, showing how, by the reaction of his testing agents upon the matter under examination, the presence or absence of morphine could be detected. Having thus paved the way towards the special evidence which he was expected to give, his examination was continued as follows:

"Now then, Professor," said Mr. Munson, "you have proven to us very clearly that you can detect the presence of morphine in the tissues. Please state whether you examined the organs of the deceased, and with what result?"

"I made a most thorough examination and I found morphine present, especially in the stomach and in the intestines."

"Did you find it in poisonous quantities?"

"The actual quantity which I found, would not have been a lethal dose, but such a dose must have been administered for me to have found as much as I did find."

"Well, from what you did find, can you state what quantity must have been administered?"

"I cannot state positively, but I should guess – "

"No! No! I object!" cried Mr. Bliss, jumping up. "You are here to give expert testimony. We do not want any guess-work!"

"Professor," said the Recorder, "can you not state what was the minimum quantity which must have been administered, judged by what you found?"

"It is difficult, your Honor. The drug acts variably upon different individuals. Then again, much would depend upon the length of time which elapsed between the administration, and the death of the individual."

"Then in this case your opinion would be a mere speculation and not competent," said the Recorder, and Mr. Bliss seated himself, satisfied that he had scored another point. But he was soon on his feet again, for Mr. Munson would not yield so easily.

"Professor," said he, "you said in reply to his Honor, that you could not answer without knowing how long before death the drug had been administered. Now with that knowledge would you be able to give us a definite answer?"

"A definite answer? Yes! But not an exact one. The drug is absorbed more rapidly in some, than in others, so that one person might take two or three times as much as another, and I would find the same residuum. But I could tell you what was the minimum dose that must have been administered."

"Well, then, supposing that the drug had been administered about three hours before death, how large must the dose have been, or what was the minimum quantity that could have been given, judging by what you found?"

"I must object to that, your Honor!" said Mr. Bliss.

"Your Honor," said Mr. Munson, "this is a hypothetical question, and perfectly competent."

"It is a hypothetical question, your Honor," replied Mr. Bliss, "but it contains a hypothesis which is not based upon the evidence in this case. There has been absolutely no testimony to show that morphine was administered to this woman about three hours before death."

"We have a witness who will testify to that later," replied Mr. Munson, and this announcement created no little sensation, for here was promised some direct evidence.

"Upon the understanding," said the Recorder, "that you will produce a witness who will testify that morphine was administered three hours before death, I will admit your question."

"We take an exception!" said Mr. Bliss, and sat down.

"Now please answer the question," said Mr. Munson, addressing the witness.

"Under the hypothesis presented I should say that the minimum dose must have been three grains."

"That is to say, she must have had three grains, or more?"

"Yes, sir; three grains or more."

"What is a medicinal dose?"

"From a thirty-second of a grain to half a grain, though the latter would be unusual."

"Unusually large you mean?"

"Yes. It would be rarely given."

"Then would you say that three grains would be a lethal dose?"

"It would most probably prove fatal. One sixth of a grain has been known to produce death."

"One sixth of a grain has proven fatal, and, from what you found, you conclude that three grains had been given to this woman?"

"Yes, provided your hypothesis as to the time of administration is correct."

"Oh, we will prove the hypothesis."

"Then I should say that three grains had been administered."

"Three grains or more?"

"Yes, three grains or more."

"You may take the witness," said the Assistant District Attorney, and

Mr. Bliss at once began his cross-examination.

"Professor, as an expert toxicologist now, leaving analytical chemistry for awhile, you are familiar with the action of drugs in the human body during life, are you not?"

"Of poisonous drugs. Yes, sir."

"Of poisonous drugs of course. Of opium and its alkaloids especially, is what I mean?"

"Yes, sir. I have studied them minutely."

"Now then in regard to morphine. You said to his Honor, awhile ago, that this drug acts variably upon different individuals. Is it not true that it also acts differently upon the same individual at various times?"

"Yes, sir, that is true."

"And is its action affected by disease?"

"It might be!"

"Supposing that the drug were administered continuously, might it not occur, that instead of being absorbed, the morphine would be retained, stored up as it were, so that the quantity would accumulate?"

"Yes, the records contain reports of such cases."

"Well, now, suppose that a patient had some kidney trouble, such as

Bright's disease, would not morphine be retained in this way?"

"I have never seen such a case."

"Never seen it! But you have read, or heard of such cases?"

"Yes, sir. That is the claim made by some authorities."

"By good authorities?"

"Yes. Good authorities."

"And these good authorities claim that morphine, administered to one who has Bright's disease, might accumulate until a poisonous dose were present?"

"Yes, sir!"

Thus was made plain the object of the line of cross-examination that had been followed with Dr. McDougal. It became evident that the defence meant to claim that if Mabel Sloane died from morphine it was because it had been stored up in her system, in consequence of the diseased kidneys. Satisfied with this admission from the prosecution's expert, Mr. Bliss yielded the witness, and he was re-examined by Mr. Munson.

"Professor," said he, "supposing that in the case of this girl, morphine had been retained in the system, suddenly destroying life because a poisonous quantity had been thus accumulated, would you expect to find it, after death, in the stomach?"

"No, sir, I would not."

"How long a time would be required to eliminate it from that organ?"