"I knew that the administration of the drug would be proved. But my reason for saying that it was self-administered, is because it is the truth."
"That will be for the jury to decide!" With this parting shot the lawyer dismissed the witness, and his own counsel decided to ask no further questions.
The clergyman who had performed the marriage ceremony, then took the stand, and testified to the validity of the marriage. He was not cross-examined.
Then a celebrated expert toxicologist was called, Professor Newburg. He testified in corroboration of the claims of the defence, and especially to the large doses of morphine, which he had known to be tolerated by persons accustomed to it by habit. It also was claimed by him, that persons who had been known to take as much as four and five grains per day without ill effect, had suddenly died from so small a dose as half a grain. He thought that in these cases the drug had accumulated in the system, and the whole quantity stored up, was made active by the assimilation of the last dose, which of itself would not have been poisonous. Cross-examination did not materially alter his testimony.
Next a pathologist was introduced, and in answer to a long hypothetical question, based upon the testimony of Dr. Fisher and the experts for the prosecution, he said that in his opinion the deceased died from anæmia, following diphtheria. The symptoms of morphine poisoning observed were probably due to the morphine which she had taken, but under the conditions described, he did not think that even three and a half grains would have caused death. He came to this conclusion, arguing that the condition of the kidneys showed that they were diseased, and the tendency would have been to store up this last dose, just as previous doses had probably been retained. In that event only a small portion would have become active, and whilst it might have caused contracted pupils, it would not have caused death. All things duly considered, therefore, he thought that death was attributable to diphtheria.
Under cross-examination he admitted the postulate of the previous witness, that a small dose, following retained larger doses, might cause death, but still he adhered to his opinion that it had not occurred here. A long series of questions failed to shake his opinion, or cause him to contradict himself.
Several other witnesses were called, but I need scarcely introduce their evidence here, as much of it was of small importance, and none of it could have materially affected the verdict. The defence then rested.
Mr. Munson called several witnesses in rebuttal, but to so little effect that Mr. Bliss did not even cross-examine them, considering his case practically won. He did interfere, however, when Mr. Munson at last called Madame Cora Corona.
"I must ask your Honor, what counsel expects to prove by this witness, and moreover, your Honor, I will ask that the jury be sent from the room, before any discussion of this subject be allowed."
This request was granted, and the jury went into an adjoining apartment. Mr. Munson then explained: