t to prove
the corpus _delicti_. A large array of witnesses, including ex-Captain
Francisco Villiers, James Boland, Mrs. Conklin, James P. Holland, a
reporter; H. F. Wisch, the barber; Stephen Conley, who had identified
the body by the front teeth; Maurice Morris, by the Agnus Dei; and
Joseph O'Byrne, by the broken finger of the right hand, were examined on
this point and gave conclusive testimony. The story of the discovery of
the body was next retold, and the medical men who had examined the
corpse testified regarding its condition and the marks of violence which
appeared upon the head and other portions of the body. There was a
dramatic scene on the second day at the conclusion of the examination of
Dr. D. G. Moore, who had assisted in the autopsy. It was developed in
the course of the cross-examination that he had, but a few hours before,
read the newspaper reports of Dr. Egbert's testimony of the previous day
upon the same points. Thereupon Mr. Forrest demanded that the entire
testimony be stricken from the record.
A DRAMATIC SCENE.
Judge McConnell, to the amazement of nearly everybody in the room,
sustained the motion. A dramatic scene followed, and suppressed
exclamations of surprise burst from the audience. Mr. Forrest, with a
triumphant smile, walked hurriedly past his associates and sipped a
glass of water. For an instant the public prosecutors were dumbfounded.
Mr. Hynes was the first to contest the ruling. His face was crimson with
excitement as he drew his massive form above the table at which he was
sitting and in a loud voice declared that if such an unprecedented
ruling were followed, the trial might just as well stop then and there.
Raising his arm so that his clinched fist was on a level with the bar of
the court, Mr. Hynes challenged Judge McConnell to show authorities to
sustain such a ruling. Beside the big lawyer was Luther Laflin Mills,
pale with emotion. Almost before Mr. Hynes had finished his thundering
attack, the clear, resonant voice of Mr. Mills arose above the noise of
the street and the mumbling of the auditors. He, too, declared that it
was time to stop the case if the testimony of the rest of the State's
witnesses was to be excluded for the reason that they had read the
testimony of witnesses who had preceded them on the stand. State's
Attorney Longenecker nervously watched the fight being waged by his
associates. Hurrying down the center aisle were Mr. Ingham and Mr.
Scanlan, who
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