Mason said, “In view of what has been said by Counsel, I’d like permission to recall the autopsy surgeon for a few questions.”
“No objection,” Overmeyer said. “My office wants to get to the bottom of this thing as well as the coroner.”
“The coroner’s going to get to the bottom of it,” Scanlon said cheerfully. “Dr. Hubert, take the stand again.”
When the doctor had seated himself, Mason said, “In view of the statements which have been made, Doctor, I think you can well appreciate the importance of being absolutely accurate in your testimony as to the time of death. You have already answered this question in effect, but in view of the importance which now attaches to this phase of the case, I want to ask you again: Is it possible that Walter Prescott could have met his death earlier than within the time limits you have previously mentioned?”
Dr. Hubert crossed his legs, interlaced his fingers upon a paunchy stomach, cleared his throat and said, “I don’t want to be misunderstood. Medical testimony as to the time of death is never absolutely mathematical. There are certain variable factors the exact nature and extent of which cannot be intelligently correlated. Therefore, an autopsy surgeon fixes a probable time of death. Then, taking into consideration all of the variable factors, he creates a margin of probability on either side of the time chosen. If he is conscientious, he extends this margin of probability so that it covers every possible combination of variable factors. Then he announces the time of death in terms of a time bracket.”
“You did this?” Mason asked.
“Yes.”
“And when you said that the time of death occurred between noon and two-thirty in the afternoon, do I understand that you estimated, purely as a matter of blind reckoning, that the decedent met his death at approximately one-fifteen; that it was possible, however, certain variable factors, as you have termed them, might have caused an error in your deduction; that you, therefore, made a maximum allowance of one hour and fifteen minutes in either direction as the greatest possible margin of error in your time fixing?”
“That’s approximately correct,” Dr. Hubert said. “Personally, I would say the man was killed between one and one-thirty. Eight or nine times out of ten, I’d be right. But there’s the possibility of a combination of various circumstances which would impair the conclusion in perhaps one out of ten times. So I’ve taken that into consideration, and extended the margins far enough both ways so as to include even that one time in ten.”
“And can you say that twelve o’clock is the earliest possible time at which the decedent could have met his death?”