“In view of the evidence,” the doctor said positively, “I fix the time of death definitely as not before ten o’clock in the evening preceding that of the day in which the body was discovered and not later then ten-forty-five on the evening of said day.”
“How do you fix that time?” Kittering asked.
“By an examination of the extent to which the digestive processes had functioned, in connection with the time at which the last meal had been consumed.”
Kittering said triumphantly, “You may inquire.”
Mason said to the court, “Of course, Your Honor, I could move to strike out this entire testimony on the theory that it is predicated upon facts which are beyond the doctor’s knowledge.”
“This testimony will be connected up,” Kittering said.
“Well,” Mason observed, “to save time, I won’t make the motion, but to get the record clear, I’ll ask a few questions... How do you determine the time of death when you are performing a post-mortem, Doctor?”
“Under circumstances such as this,” the doctor said, with acid hostility, “there are various methods. An examination of the stomach content where there is food in the stomach and data available as to the time of ingestion is by far the best method.”
“Acting,” Mason said, “on the assumption that dinner was served and eaten at eight-ten?”
“Acting on the assumption that dinner was served at eight-ten. Yes, sir.”