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
