o the patient?"
"She saw me taking away the syringe, and of course could conclude that
I inserted the needle myself. Nevertheless her opinion was only an
opinion; it was not knowledge."
"Very well. You admit that she had a right to her opinion, and that
you suspected what that opinion would be. Now, of course you realized,
being an intellectual man, that such evidence would weigh against
you?"
"I fully appreciated the gravity of the situation."
"And that if not refuted, this testimony almost alone, would tend
towards a conviction?"
"Yes."
"Therefore you decided to claim that the drug was self-administered,
knowing that the administration would be proved?"
"I knew that the administration of the drug would be proved. But my
reason for saying that it was self-administered, is because it is the
truth."
"That will be for the jury to decide!" With this parting shot the
lawyer dismissed the witness, and his own counsel decided to ask no
further questions.
The clergyman who had performed the marriage ceremony, then took the
stand, and testified to the validity of the marriage. He was not
cross-examined.
Then a celebrated expert toxicologist was called, Professor Newburg.
He testified in corroboration of the claims of the defence, and
especially to the large doses of morphine, which he had known to be
tolerated by persons accustomed to it by habit. It also was claimed by
him, that persons who had been known to take as much as four and five
grains per day without ill effect, had suddenly died from so small a
dose as half a grain. He thought that in these cases the drug had
accumulated in the system, and the whole quantity stored up, was made
active by the assimilation of the last dose, which of itself would not
have been poisonous. Cross-examination did not materially alter his
testimony.
Next a pathologist was introduced, and in answer to a long
hypothetical question, based upon the testimony of Dr. Fisher and the
experts for the prosecution, he said that in his opinion the deceased
died from anaemia, following diphtheria. The symptoms of morphine
poisoning observed were probably due to the morphine which she had
taken, but under the conditions described, he did not think that even
three and a half grains would have caused death. He came to this
conclusion, arguing that the condition of the kidneys showed that they
were diseased, and the tendency would have been to store up this last
dose, just as pre
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