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
