that
the man died of concussion or contusion of the brain. There was no
evidence of it, because the brain was too decomposed, but he knows
and is perfectly satisfied that that was the cause of death. Dr.
Egbert could not, by any possibility, assign the cause of death,
owing to the decomposition which had taken place, nor could he tell
whether those wounds were made before or after death. Dr. Perkins
says the same thing, and Dr. Moyer says the same. If they do not
know, how do you know? Some of you told me your minds were made up,
but by the living God you must try us according to the law. The
burden of proof is on them and they must prove the cause of death,
and how do you know it? Will you guess at it? Do you propose to
guess my clients guilty and then hang them?"

TESTIMONY OF THE EXPERTS.

Mr. Forrest read from the testimony of medical men at some length
to show that they could not assign the cause of death, and asserted
that the State had compelled its witnesses to stretch their
consciences and to testify to what were not the facts, because of
the State's Attorney's blunder in not putting into the indictment
"cause of death unknown."

"Are you reading that testimony of Dr. Perkins correctly?" inquired
Mr. Hynes. "You are putting as an answer and reading to the jury as
an answer of the Doctor's what in reality was a question of your
own."

"Well, possibly I did," responded Mr. Forrest, who went on reading
testimony. His misquotation of the testimony in that case, however,
induced the State's Counsel to keep a very sharp eye on the
evidence he quoted. Mr. Forrest criticised at some length the
testimony given by Dr. Perkins, and argued that if it would not be
possible to tell whether the victim died from concussion or
contusion of the brain without a microscopical examination, it was
a remarkable thing that no such examination had been made. It was
evident from the testimony that some one was straining his
conscience as far as he dared, and it was also in proof that it
would have been impossible to have told even by a microscopical
examination of the brain whether death resulted from concussion or
contusion. However, if it could, they did not do it. Yet the
attorneys for the State will ask you to say that this matter is
satis