Mr. Deveaux was not cross-examined.
Evidence resumed.
Dr. E. W. North sworn.—(Cautioned by attorney-general to avoid hearsay evidence.) Was the family physician of Mrs. Rowand. Went on the 6th January, at Mrs. Rowand’s request, to see her at her mother’s, in Logan-street; found her down stairs, in sitting-room. She was in a nervous and excited state; had been so for a month before; he had attended her; she said nothing to witness of slave Maria; found Maria in a chamber, up stairs, about one o’clock, P. M.; she was dead; she appeared to have been dead about an hour and a half; his attention was attracted to a piece of pine wood on a trunk or table in the room; it had a large knot on one end; had it been used on Maria, it must have caused considerable contusion; other pieces of wood were in a box, and much smaller ones; the corpse was lying one side in the chamber; it was not laid out; presumed she died there; the marks on the body were, to witness’ view, very slight; some scratches about the face; he purposely avoided making an examination; observed no injuries about the head; had no conversation with Mrs. Rowand about Maria; left the house; it was on the 6th January last,—the day before the inquest; knew the slave before, but had never attended her.
Cross-examined.—Mrs. Rowand was in feeble health, and nervous; the slave Maria was weak and emaciated in appearance; sudden death of such a person, in such a state, from apoplexy or action of nervous system, not unlikely; her sudden death would not imply violence; had prescribed asafœtida for Mrs. Rowand on a former visit; it is an appropriate remedy for nervous disorders. Mrs. Rowand was not of bodily strength to handle the pine knot so as to give a severe blow; Mrs. Rowand has five or six children, the elder of them large enough to have carried pieces of the wood about the room; there must have been a severe contusion, and much extravasation of blood, to infer death from violence in this case; apoplexy is frequently attended with extravasation of blood; there were two Marias in the family.
In reply.—Mrs. Rowand could have raised the pine knot, but could not have struck a blow with it; such a piece of wood could have produced death, but it would have left its mark; saw the fellow Richard; he was quite capable of giving such a blow.
Dr. Peter Porcher.—Was called in by the Coroner’s jury to examine Maria’s body; found it in the wash-kitchen; it was the corpse of one feeble and emaciated; partly prepared for burial; had the clothes removed; the body was lacerated with stripes; abrasions about face and knuckles; skin knocked off; passed his hand over the head; no bone broken; on request, opened her thorax, and examined the viscera; found them healthy; heart unusually so for one of her age; no particular odor; some undigested food; no inflammation; removed the scalp, and found considerable extravasation between scalp and skull; scalp bloodshot; just under the scalp, found the effects of a single blow, just over the right ear; after removing the scalp, lifted the bone; no rupture of any blood-vessel; some softening of the brain in the upper hemisphere; there was considerable extravasation under the scalp, the result of a succession of blows on the top of the head; this extravasation was general, but that over the ear was a single spot; the butt-end of a cowhide would have sufficed for this purpose; an ordinary stick, a heavy one, would have done it; a succession of blows on the head, in a feeble woman, would lead to death, when, in a stronger one, it would not; saw no other appearance about her person, to account for her death, except those blows.
Cross-examined.—To a patient in this woman’s condition, the blows would probably cause death; they were not such as were calculated to kill an ordinary person; witness saw the body twenty-four hours after her death; it was winter, and bitter cold; no disorganization, and the examination was therefore to be relied on; the blow behind the ear might have resulted from a fall, but not the blow on the top of the head, unless she fell head foremost; came to the conclusion of a succession of blows, from the extent of the extravasation; a single blow would have shown a distinct spot, with a gradual spreading or diffusion; one large blow could not account for it, as the head was spherical; no blood on the brain; the softening of the brain did not amount to much; in an ordinary dissection would have passed it over; anger sometimes produces apoplexy, which results in death; blood between the scalp and the bone of the skull; it was evidently a fresh extravasation; twenty-four hours would scarcely have made any change; knew nothing of this negro before; even after examination, the cause of death is sometimes inscrutable,—not usual, however.
In reply.—Does not attribute the softening of the brain to the blows; it was slight, and might have been the result of age; it was some evidence of impairment of vital powers by advancing age.
Dr. A. P. Hayne.—At request of the coroner, acted with Dr. Porcher; was shown into an outhouse; saw on the back of the corpse evidences of contusion; arms swollen and enlarged; laceration of body; contusions on head and neck; between scalp and skull extravasation of blood, on the top of head, and behind the right ear; a burn on the hand; the brain presented healthy appearance; opened the body, and no evidences of disease in the chest or viscera; attributed the extravasation of blood to external injury from blows,—blows from a large and broad and blunt instrument; attributes the death to those blows; supposes they were adequate to cause death, as she was old, weak and emaciated.
Cross-examined.—Would not have caused death in a young and robust person.