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
