ent, than because he feared the
testimony, this time he fought to exclude this evidence because of
some vital interest, as though, indeed, this point having been
foreshadowed in the early newspaper accounts, he had been fully
instructed by Dr. Medjora. This became the more apparent, when Mr.
Dudley himself took part in the argument, for the first time bringing
the weight of his legal knowledge to bear upon the case publicly. For
when the court asked for a cause of objection, it was Mr. Dudley who
replied.
"May it please your Honor," said he, "it seems to us, that the fact
which counsel here endeavors to introduce, is entirely irrelevant.
Whether or not Miss Sloane was a mother, can have no possible
connection with our client's responsibility for the crime of which he
is accused. It is no more against the law to kill a mother, than to
slay any other woman. We hope that your Honor will see the
advisability of shielding the name of the dead from any such
imputation as the guesses of even this celebrated expert might cast
upon her."
"I really cannot see the bearing of this evidence," said the Recorder,
addressing Mr. Munson.
"If it please your Honor," said Mr. Munson, "we wish to show that this
girl was an unmarried woman; who nevertheless bore a child to the
prisoner. Further, we will show that Miss Sloane was a poor girl,
seeking to earn her living as a music teacher. Now the accused
suddenly finds the opportunity to marry a wealthy woman, and the poor
musician, with her claim upon him as the father of her child, becomes
an obstacle in his path. Thus, your Honor, we supply a motive for this
crime."
"But, your Honor," said Mr. Dudley, "there has not been a particle of
evidence to prove any of these assertions, so glibly put for the
benefit of the jury, and therefore we must contend that this evidence
is entirely incompetent."
"As tending to explain the motive, I must rule that counsel may
examine fully into the relations that existed between the prisoner and
the deceased," said the Recorder.
"But," persisted Mr. Dudley, "even granting that this expert can say
whether a woman has borne a child, which is a question of grave
uncertainty, assuredly it cannot be claimed that he can testify as to
the father of the child. Therefore he can throw no light whatever upon
the relation which existed between the dead girl and our client."
"The question is admitted. The witness may answer!" replied the
Recorder, upon wh
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