Cortland Semi-Weekly Standard, Friday, July 8, 1898.
THE DEFENSE BEGUN.
JUDGE EGGLESTON’S OPENING SPEECH TO THE GALVIN JURY.
Several Witnesses Testify that Lavan Was Frequently Under the Influence of Liquor—Some Final Points Made by the Prosecution Before Resting.
The second week of the Galvin murder trial began Tuesday morning. The jury seemed much refreshed after its rest and recreation over Sunday and the Fourth of July. The prosecution is nearing the end of its chain of evidence. There yet remains the testimony of the medical experts to complete the testimony.
Court convened promptly at 9:30 o'clock Tuesday morning. The coolness of the morning made work in the court more agreeable than during last week. The attendance other than the court, jury, attorneys and witnesses numbered scarcely half a dozen, but it gradually increased during the forenoon.
C. J. SHEPARD.
C. J. Shepard of Preble was called to the stand to resume his testimony. It will be remembered that this witness prepared the body of Thomas Lavan for burial. The direct examination was continued by District Attorney Duffey. The witness testified that he thought the body of Lavan would weigh between 130 and 140 pounds. The height of Lavan as shown by measurement made by the coroner in his presence was 5 feet four inches. He removed all the clothes from the body and noticed a cut on the leg. The leg of the drawers in the vicinity of the cut was saturated with blood. The clothes were exhibited and recognized by the witness.
Cross examination: Attorney Courtney conducted the examination. Shepard described the body of Lavan as stocky and thick set. He would not say that Lavan did not weigh 170 pounds. The hands of the dead man were swollen and of a purplish color. One hand was swollen more than the other. On the lip there was a cut which had the appearance of having been made by the blow of a dull instrument. The teeth looked as though they had been knocked out. The gum of the mouth under the cut in the lip was discolored. There was blood in the mouth. Over the eye was a ragged cut and swollen place. A hole was found on the right side of the forehead near the edge of the hair. The lower lip and wrists were swollen. The left hand was not injured as much as the right. The second day the witness removed the clothes from the body but found no bruises and only the cut before mentioned.
HENRY CURRY.
Henry Curry swore that he was a resident of Preble and lived in [Preble] February, 1897, about a mile from Galvin’s. He was at O’Shea’s place at 8:30 on the night in question. He returned home about 4 o’clock in the morning of the 26th. That night it snowed. From 3/4 of inch to an inch of light snow fell. The cross-examination developed that the wind had drifted the snow some that morning. There were drifts in the vicinity of the Galvin place in the roads, necessitating the use of the lots for winter roads. The hill in the rear of the house would afford protection from the winds although the same wind might blow which would cause the snow to drift.
ADA CURRY.
Ada Curry, the wife of the preceding witness, was called to the stand to testify as to the snowfall. The witness testified that there was a thin covering of snow on the ground when she and her husband returned from the dance.
Edward D. Blodgett, city editor of the Cortland Standard, was called to the stand to testify to an interview which he had with the defendant at the jail after his arrest on the morning of February 27, 1897, which interview was published in The Standard at the time.
JULIA LAVAN.
Julia Lavan, widow of the deceased, when recalled testified that the last time she saw her husband he had a beard but the upper lip was smooth shaven. He wore side whiskers and no mustache.
SHERIFF BRAINARD.
Sheriff Brainard testified that the clothing, etc., used in evidence in this case was delivered to him on coming into office in January of this year. The goods have been kept under key. When the articles were examined by the District Attorney in the presence of the sheriff the door key was not there.
The next witness of Tuesday morning was Dr. George D. Bradford of Homer, the coroner who conducted the inquest upon the body of Lavan.
George D. Bradford, M. D., resides in Homer and is a practicing physician of twenty-five years and has been and is at present coroner. He arrived at the Galvin house about 2 o’clock in the afternoon. The vest found in two pieces was picked up and taken into the house. The blood spots out of doors were described. The circumstances of the affair were recited. Some questions were asked the prisoner, but he made no reply. The defendant seemed reluctant to answer and the coroner asked him if he did not care to answer, and on his refusal to reply he ceased to question him. The wooden door peg was found by the witness on the stairs. Galvin, at his request, showed him how he fastened the door. The appearance of the floor, blood spots and wet spots were described. He saw ashes in the corner. On opening the storeroom door he found clotted blood and ashes in the storeroom. There was about a quart of ashes. The witness next described the appearance and condition of the body. Both nostrils and ears were filled with blood. The cut over the eye was two inches long, there was a cut on the lip and the tooth under it was gone and the one next to it was broken off. On turning the body over there were two cuts on the back of the head. Near the crown were two cuts, one of which was clean cut. Both cuts extended through the tissues of the scalp to the bone. The cuts were in a “V” shape. At the lower end they were two inches apart and wider apart farther upon the head. The abrasions of skin on the various parts of the body were described. The hips were bruised and a bruise at the crest of the ilium. There was a cut on the leg half an inch deep. On the right side of the head there was a round hole a little above the temple which had the appearance of being a contused wound. At the time of the examination rigor mortis had set in which occurs from ten to twelve hours after death. The bloody condition of the back of the hands and the clothes of the defendant as before mentioned were described by the witness. The coroner was present at a post mortem examination held on the following day. The examination was made by Dr. Hunt under the direction of Coroner Bradford and the jury. Under the tissues of the scalp directly under the cuts were dark places where blood had settled. Clot under the lower contused wound was the larger, containing about three-fourths of an ounce of blood. The dura mater was in such condition showing that violence had been done to it. On exposing the brain the blood vessels showed a congested condition of the brain and a large amount of serum present. The cavity in the mouth gave unmistakable evidence that a tooth had been broken out and one knocked out. Ecemosis was present over the eyes. The blood vessels in brain, head or chest cavity bore no evidence of disease. In the abdomen everything was normal except for the presence of a hernia which was not strangulated. All other portions of the body were in normal condition. The opinion of the coroner given as expert was that the wounds upon the head of Lavan caused his death. That afternoon, after the post mortem examination, he took specimens of the clotted blood and ashes, the broom and articles on which blood was found. These specimens were sealed up and kept until within a few days when they were given to Dr. Higgins for examination.
Cross examination: The coroner was educated at the University of Buffalo and at New York four years. The witness was asked as to his practice during the past year and in reply enumerated the cases and operations which he performed. The coroner employed Dr. Hunt to make the post mortem examination.
Court adjourned at 12:35 until 2:00 P. M. in the afternoon.
TUESDAY AFTERNOON.
Court convened at 2:03 P. M. The cross-examination of Coroner Bradford was continued by Attorney John Courtney. The sensation of the day in court was the finding of the lost blood-covered door peg. During the noon hour the lost peg was found by the sheriff.
The testimony of the witness on examination in chief was reviewed. The answers given in the morning with regard to the door peg were recalled and the witness testified that the blood marks on the peg had the appearance of having been made with a bloody hand. The coroner discovered another blood spot on the kitchen floor between the stove and the door about four inches across. This is the first mention made by any witness of this spot. No blood was found on the wood by the stove whatever. The investigation of the defendant revealed no blood upon him save on his hands and on the front of his trousers. The swollen appearance of the hands indicated that they were injured before death. He saw no single wound, leaving out those at the base of the brain which would produce death. The wound at the base of the skull might produce instant death, but it is not probable.
DR. F. W. HIGGINS.
Dr. F. W. Higgins of Cortland was called to the stand by the prosecution. Packages had been given to the doctor by Coroner Bradford. Hon. O. U. Kellogg proceeded to qualify the witness as an expert. The doctor explained his experimentation with his own blood to obtain certain characteristic crystals, also his former and present investigation of human and animal hairs. The doctor has a labelled collection of hairs in his office now . Objection to the testimony of the witness was overruled. The packages given to the witness by the coroner were examined by the doctor. The ashes were stuck together with a cement. Hair was found among them which was identified as human hair. One was white, another reddened as if by blood and a third, which was brown in color. From the broom before referred to which was given to the witness hairs were taken by the doctor, examined and identified as human hair. A hair was taken from the leg of the bloody boot and identified as a human hair. The witness gave it as his opinion that the injuries received by Thomas Lavan were sufficient to cause death.
Cross-examination: Two hairs had blood on them, one had not and two more were not carefully examined. One hair was gray and the others darker in color. After receiving a wound such as Lavan had upon the back of his head it would be difficult to say what motions they might make. The blood clot at the base of the brain would not be apt to produce paralysis because it is not in the right place to produce such an effect. It was the witness’ opinion that it would take an hour for the blood clot such as was present to form. The swollen condition of the hands indicate that he was alive when the bruises were received which produced the swelling.
DR. H. T. DANA
Was asked as to his opinion as to whether the two wounds in the back of the head such as you found upon Lavan would produce death. His answer was that he thought they would. Rigor mortis sets in from three to six hours after death.
Judge Eggleston on cross-examination sought the opinion of the witness as to whether Lavan could have met his death by a fall in which his head struck the ground on the stick referred to . The doctor replied that he thought not. Delirium takes place after inflammation sets in. It might take some time for inflammation to set in. Numerous questions were put and answered as to the question when delirium would take place.
Daniel O’Shea of Preble testified as to the presence of snow on the ground on the morning of Feb. 26.
Dr. H. T. Dana was recalled and gave a careful explanation to the jury of the character of the skull at the point in question. The manner in which the injury takes place and exists was also explained.
Dr. Higgins was recalled. He said in answer to a question of the prosecution that the effect of a small instrument sent against the head with equal force would inflict greater injury than by the body moving with equal force coming in contact with it.
Court adjourned at 5:45 P. M. until 9:30 Wednesday morning.
WEDNESDAY MORNING.
Court convened at 9:30 A. M. A bright and cool morning in the courtroom made the resumption of work more agreeable.
J. D. F. WOOLSTON.
J. D. F. Woolston of Cortland at the direction of the district attorney visited the Galvin place since the trial began and took measurements of the grade at the rear door of the house. The grade is so slight that with a gradual rise to a point 25 feet away it is .54 of a foot higher than at the door. Measurements were taken every 5 feet back to that point. At 15 feet the elevation was .49 of a foot. Other levels were taken at right angles to those mentioned above. The house is about 12 feet higher than the highway. For 15 feet back of the door the ground is practically level. The elevation directly west of the center of the house is less than at either end due to an excavation.
Cross-examination was conducted by Judge Eggleston. At a point 50 ft. west of the house the elevation was 4 1/2 ft. The center of the highway which is 62 ft. from the house is 11.17 ft. lower. It is necessary to have a fixed point from which to take measurements and levels.
MARTIN MAHAN.
Martin Mahan of Preble, who lives three-fourths of a mile from the Galvin place, went there on the morning of Feb. 26. He found the whiskey jug in the henhouse. He was sent for wood and was told he would find something there to drink. The jug was covered with straw and chaff. The witness found a bill of goods purchased by Galvin on the preceding day. The bill enumerated among the articles a quart and a half a pint of whiskey.
SHERIFF BRAINARD.
Sheriff Brainard, on being called to the stand, told of finding the doorpin which was lost. He found it in the storeroom of the courthouse. The loss is accounted for by the removal of the articles from the storeroom when certain repairs were made.
The People rested at 10:42. Attorney T. E. Courtney, in behalf of the defense, made a motion for non-suit. The motion was denied by Judge Lyon.
THE DEFENSE BEGINS ITS CASE.
The case for the defense was opened by County Judge Eggleston. At 10:50 Judge Eggleston arose to open the case for the defense. The line of proof which will be followed by the defense may be gathered by the following brief synopsis of Judge Eggleston’s fifty-minute address. In the beginning he thanked the jury for their patience and indulgence. The duty placed upon counsel and jury in this case, he said, is unpleasant. It is a duty, however, which we cannot shirk. Never in our lives will we be called upon to consider a matter so important. Patrick Galvin stands charged with taking the life of Thomas Lavan, his neighbor. It is for you to say whether the evidence in this case will permit you to find the defendant guilty. It is not surprising that so many jurymen refused to sit to pass judgment upon the life of a fellow being. The prisoner is guilty or he is not guilty. Fortunately for the accused it is not necessary only for him to prove that he did not commit the crime of which he stands charged. The burden of proof of proving that some one else did the deed fortunately does not devolve upon us. Throughout this trial we have sought with the greatest care to reveal all the truth which may be brought to light. It seems almost as though the prosecution have tried to keep the truth from you. Why has the prosecution failed to call Dr. Hunt, the doctor who performed the post mortem examination? It is for a reason best known to them. The stone that was rejected by the builders in this case may become the head of the corner stone. Here is a stick which was found in the ice near the rear door with blood on the snow near it. The prints on the end of this stick fit exactly the wounds made in the back of the head of Thomas Lavan. What is more improbable than that two friends—friends for years—should quarrel and one meet death at the hands of another? What motive could friends have for such an act? Was it a drunken quarrel over whiskey? No. If Tommy wanted a drink Patsey would have given him the last he had. The prosecution seeks to convict this poor, almost friendless and ignorant man of a crime of which he is innocent. They present to you circumstantial evidence and upon it ask you to condemn him.
That night Patrick Galvin retired, leaving his friend, Thomas Lavan, asleep in the chair. In the morning he found him on the ground outside his door frozen, as he supposed. He did not stop to think how he brought him in. He was excited, as you would be if you found a friend in such a condition. He brought in Lavan and put him before the fire. When he discovered that he was dead did he attempt to conceal himself or to get away? No, he went with blood upon his hands and clothes to tell the neighbor Dorothy that Lavan was dead. Is that the act of a murderer? Yet, if he had stopped to wash his hands that would have been an act which would have shown his guilt. He did clean up the blood on the floor with ashes, that we admit. Was that a guilty act? The prosecution will have you believe that such an act is one conclusive of guilt. Is it not strange in all that was said and done there that morning that there is not more which might have been construed into evidence against this helpless man? They would have you believe that Patrick Galvin killed a man many pounds heavier and stronger than himself in such a manner as to spatter the blood about the room in the Galvin house. They could not have had a struggle in the house without having disturbed the articles in the room and yet not one thing was displaced.
I have taken more of your time than I intended, but it is only by reason of the importance of this case that it has been taken. Now it is for you to pass judgment upon this poor defenseless man. As God fearing men, may you give a verdict of justice.
A. B. FRAZIER.
A. B. Frazier of Cortland was the first witness called by the defense. Attorney Courtney began the examination. The witness testified that he had bought produce of Lavan and that every time that he had seen him in the last ten years he had been drinking. Galvin’s appearance is much improved over that at the time of his commitment to jail. He was weighed at the witness’ market and at that time weighed 121 pounds. The witness spoke of seeing the defendant in jail shortly after his confinement. The witness was asked to give an illustration of the drunken manner of Lavan. The dialogue of a turkey transaction was given.
Cross-examination was conducted by Hon. O. J. Kellogg.
EX-SHERIFF HILSINGER.
Galvin was very thin when he came to the jail. He weighed 118 pounds.
GEORGE CALLEN.
George Callen, a clerk for A.B. Frazier, corroborated Mr. Frazier’s testimony as to the condition of Lavan on his visits to the market and also as to the weight of Galvin. The witness weighed the defendant last Thursday night and his weight was 138 pounds.
J. H. WALLACE.
J. H. Wallace had seen the defendant and had employed Lavan. The Sunday following the prisoner’s commitment an examination was made of his whole body and no marks were found upon him. At the time he appeared emaciated, and thin.
CLAYTON H. BUELL.
Clayton H. Buell, a reporter, corroborated the testimony of the preceding witness. The witness was one of those asked by Attorney Courtney to be present at the examination of the prisoner.
BURDETTE HOWARD.
Burdette Howard was another witness who was present at the examination of the prisoner and his testimony was a corroboration of that of the two preceding witnesses.
WILLIAM GRADY.
Wm. Grady was also present at the examination and testified accordingly. Court in absence of two witnesses adjourned at 12:20 until 2 P. M.
The attendance in court on Wednesday afternoon was very large, a great number of ladies being present. The defense continued its case, calling as the first witness of the afternoon George Crossman. Mr. Crossman testified that he has been a resident of Cortland for the last twenty years and knew Thomas Lavan as a foundryman when he lived in town. In the last ten years he never remembers having seen Lavan sober,
Cross-examination: Witness could not say that he had seen Lavan in the last seven years. Lavan moved away eight or ten years ago.
FRANK J. COLLIER.
Frank J. Collier of the town of Preble testified that he lives not far from Galvin’s and has known Galvin for some years. Drink has made a noticeable change in his condition since first known by the witness.
Cross-examination: He had seen Lavan and Galvin together. Lavan drunk and Galvin sober.
E. D. MALLERY.
E. D. Mallery of Cortland has known Lavan for the last thirty-five years and has seen him frequently for the last ten years. Lavan was a man apparently 5 ft. 9 in. in height, thickset and in full blood, and would weigh about 165 pounds. He had a habit of drinking to excess.
JOHN MILLER.
John Miller, deputy sheriff of Cortland, knew Lavan for some time before his death. He was a thickset heavy man. The witness had often seen him when drunk. His drunkenness was shown by unsteadiness in gait and redness of face.
Cross-examination: Lavan was twice arrested for drunkeness to the witness’ knowledge, on one occasion when the witness was sheriff. He was not vicious when drunk.
L. P. HOLLENBECK.
L. P. Hollenbeck, a pension attorney of Cortland, had seen Lavan at his office where he made out his vouchers on his pension for him. He was seldom intoxicated when he came to his office, but he had seen him intoxicated later in the day. His habits remained the same so far as he observed up to the time of his death.
Cross-examination: The pension was drawn every three months. He had never seen Lavan staggering drunk.
G. S. VAN HOESEN.
G. S. Van Hoesen, an ex-sheriff of Cortland county and had formerly lived in the town of Preble, said that he knew Lavan when he lived in Preble. He had seen him drunk and sober.
DR. SHELDON HINMAN.
Dr. Sheldon Hinman of Cortland knew Lavan in his lifetime. When he came to Cortland he passed his house at East Homer. Mr. Lavan gave evidence of having been drinking every time he returned from Cortland to East Homer. He saw Lavan on his return three weeks before his death and he had been drinking at that time. Lavan was short limbed and thick set and he had understood that he weighed 140 lbs.
JUDSON S. WRIGHT.
Mr. Wright is a resident of Tully, a druggist, and knew Patrick Galvin, but his son or clerk was in his store on the day which the whiskey was sold.
W. W. WRIGHT.
W. W. Wright, station agent of the D., L. & W. R. R. at Preble, saw Galvin at the station in the fall of 1895. He brought crates of potatoes to the station and made such hard work unloading them that the witness assisted him. He was thinner about the face than he appears to-day.
DR. H. D. HUNT.
Dr. H. D. Hunt lives in the village of Preble and is supervisor and magistrate of the town. He has known Patrick Galvin for twenty-five years and Lavan also. The death of Lavan was made known to him by Robert Dorothy on the 26th of February at his office. On his return from Jamesville the next day he went to the Galvin house for the purpose of making a post mortem examination at the request of Coroner Bradford. The doctor was a student at Syracuse University Medical college and has been a practicing physician for the last twenty-four years.
Dr. Hunt arrived at Galvin’s on Friday, Feb. 26. The jurors were there when he arrived. The blood spots were first examined, including the one on the banking and those on the ground. Next the body of Lavan was examined. The cuts in the back of his head were discovered, two in number as before mentioned. The cuts were an inch to an inch and a quarter at the bottom and an inch and a half to an inch and three-quarters at the top. The scalp was cut down to the skull in both places. He looked over the woodpile behind the stove to find a weapon which might have been used in making those wounds. Nothing w as found in the house which indicated that it had been used in making the wounds. He then went out of doors in quest of such evidence. A block was found in the ice with no blood on it, but there was some blood on the snow near it. It projected above the ice about 1 3/4 inches. The block was presented for identification. The witness said it did not look like the block. He directed that the block be taken out of the ice. The two sharp edges exactly fitted the cuts in the scalp. The block was frozen in the ice, slant towards the west at an angle of 45 degrees projecting above the surface about 1 1/3 inches.
A description of the post mortem examination made on Saturday. The clothes were removed and a cut was found on the left leg about a third of the way down at left of the shin bone. The back of the hands were swollen and a little skin knocked off. There was a cut in the lip and two teeth were knocked out of the mouth. A punctured wound was found on the head as before described. In the autopsy the skull cap was removed and two clots of blood were found directly beneath the wounds on the back of the head. They contained about a half ounce of blood each. The blood vessels in that part of the brain were highly congested. The doctor could not state the condition of the walls of the blood vessels, as he did not examine them. There was some fluid blood in each side of the heart. There was blood in the nose. No fracture of the skull was found. There was no laceration of blood tissue in the brain. The doctor expressed it as his opinion that a man might be killed by falling over backward and striking his head on ice, also that wounds found on the back of the head could have been made by Lavan falling on the stick or block referred to. The injury received at the points where the two cuts were found on the back of the head caused death. Alcoholic liquor drank for a period of years weakens the walls of the blood vessels of the system.
Cross-examination: The doctor has been employed as an expert witness for the defense in this case. He was in consultation with expert witnesses of the defense last evening. He saw the counsel for the defense in Preble on the 4th of July. He has acted as agent for Mr. Galvin. He took Mr. Courtney to the Galvin place, talked with him about the witnesses and who to subpoena. Liquor made no difference upon the vital organs of Lavan, so far as revealed by the post mortem examination. His testimony before the coroner’s jury was that the brain aside from the injury mentioned was in a normal condition. Mr. Dubois handed the block to the doctor for examination, but he found no hair or blood upon the block, but within five inches of it blood was found. The block extended above the ice about 1 1/2 inches high and about 2 1/4 inches long in the shape of pyramid.
The doctor gave a clinic, showing how he applied the block to the head of the corpse by demonstration upon the head of District Attorney Duffey before the court and jury. The block as it is now would not fit the wounds in the back of the head and in the form that it is here now it would not produce the wounds. He had no recollection how much the block projected out of the ice. He fitted the block in the wounds only as to the width and not as to the length. The testimony before the grand jury was to the effect that there was no good way of measuring the length of the wound as compared with block. Anything on the head either from a fall or blow may produce a blood clot on the opposite side of the skull. The fall would not cause the bruise over the eye, the cut in the lip or the bruises on the hands. There were fifteen abrasions on the face of Lavan.
Court adjourned at 5:45 P. M. until 9:30 A. M. Thursday morning.
The ninth day of the Galvin trial. Dr. Hunt was called to the stand and cross-examination was continued by Hon. O. U. Kellogg. The cut, he said, on the back of the head was a lacerated wound made with a sharp instrument. The cut on the lip was also lacerated. The testimony before the grand jury by the witness was reviewed which was that the cut on the lip was an incised wound. Bruise on the hip bone at the crest of the ilium was discovered. It is the opinion of the witness that the wounds on the back of Lavan’s head did not render him insensible. They might or might not have done so. Wounds so inflicted might have rendered him helpless. Whatever was sworn to by the witness before the grand jury was true then and now. He could not say what he testified to before the coroner’s jury, but whatever he swore to was true. This reply was made in answer to the question whether he swore before the coroner’s jury that the wounds on the back of Lavan’s head were such as to render him unconscious and from which condition he would not again rally.
Galvin had been at the doctor’s house very often before the tragedy occurred. He had plowed, drawn wood and had done other work for him. He never knew that Galvin had any physical ailment.
Redirect examination: There are three kinds of wounds: Incised, lacerated and punctured. The wound on the leg was a lacerated wound, the wounds on the back of the head were lacerated, those on the face and lip were lacerated and punctured wounds. The lacerated wound does not bleed as quickly as an incised one. The bruises on the hips could have been made by falling. The cut on the lips could have been made by falling forward. The witness acted as the agent of Galvin. After Galvin was confined in jail he came to see him and the prisoner instructed him to sell all his worldly effects except his bed. The money so obtained was to be used to pay his debts, for he owed the doctor and others.
The block was next considered. It was so changed in appearance that he could scarcely recognize it.
Cross-examination: It was the witness’ opinion that the block is the same one found at the Galvin place. The doctor said that he did do more than counsel concerning witnesses. At the inquest he had a conference with the defendant’s counsel, had talked with him since and had taken him to the Galvin house. He was asked if he read any book that laid down the rule that a person may be killed by falling on the back of his head. Tidy was cited as authority.
DR. KAUFMAN.
Dr. Kaufman of Syracuse, N. Y., is a physician of ten years’ experience, a graduate of Harvard Medical school and Heidelberg university. He was surgeon in the Austrian army a year. The qualification as expert was further pursued. The witness testified as to his knowledge of injuries to the skull and body. He swore that he had heard the testimony of Dr. Hunt, that he understood from his explanation the position of the block in ice before referred to. Three questions were at this point asked by Attorney Courtney, to which objection was taken and sustained by the court. The question was whether the death of Thomas Lavan was produced by falling on the stick referred to. The proper question which was finally hit upon was in substance whether a fall such as has been described might reasonably be expected to produce the wounds as described on the back of the head and cause death. Such an injury might be produced by the fall in the manner described. The effect of the continued use of liquor, which is a poison, is the same as a chronic poisoning of any kind. The blood is thinned and the walls of blood vessels are weakened. Fatty degeneration sets in.
The manner in which hemorrhages have been formed which have come to the notice of the doctor were described. A hemorrhage produced by a blow on a cheek in pugilistic contest of note in Syracuse, five years ago, when one of the contestants was killed by the blow was described. The blood clot was found on the upper opposite side of the brain. One would most naturally expect to find a hemorrhage and blood clot under the skull cap at the point in which the head came in contact with outside substance. A person wounded by a fall might get up and walk again and live four or five hours and then die from the effects of the fall. Blood unexposed to elements or wear may be discovered, examined and identified twenty years or more thereafter.
Cross-examination: Blood changes after a very short time to brown color, but its presence remains in that condition for years. An excessive use of alcoholic liquors, as shown by the effect upon the blood vessels, may be observed by a person with a knowledge of medicine. A calcareous deposit made in the vessels in some instances may be felt with the fingers. The blood vessels are made up of three layers. The inner tissue is the one which is thinned and the others are dilated and inflamed and consequently weakened by those who use liquor. Blood clots of the brain are to be found directly under the point of contact usually, but in some instances blood clots are to be found on the opposite side of the head called contre coup which is caused by the reverberation of the skull. A person falling on a sharp instrument may have a wound just the shape of the instrument or a lacerated long wound if the head slipped along upon it. If the head slipped along upon the block one would expect to find blood upon it or if it was an incised wound one would expect to find blood. If the points upon which the head fell are side by side and the head slid along on them the cut produced by them would be parallel and not V shaped. The wounds on the head are large enough to warrant the belief that the injury received at that point could occasion immediate death. Any number of instruments with two points or two blows side by side with the same point might have made the wounds under discussion.
Redirect examination: Injury at the point described on the skull might have caused a spasm. It is probable that a person so injured could have made spasmodic motions. The wounds because of their laceration must have been produced by some blunt instrument. It is probable that a wound was produced as claimed by the defense by a man’s falling backward and striking his head on the stick.
DR. S. J. SORNBERGER.
Dr. S. J. Sornberger of Cortland, a physician and surgeon of practice of three years, was educated in medicine at Syracuse and College of Physicians and Surgeons at New York. Before that time the doctor was a teacher in Cortland Normal for twelve years.
The opinion of the witness was asked as to whether he believed that a man could have been killed by a fall upon the block in the manner before described. His reply was “I think he could.” It would be possible and probable that the wounds described were made by the points on the block marked exhibit “A” and “B.” The clot of blood would usually be found immediately under the scalp at the point of contact. The wound described might reasonably be expected to produce insensibility. The cut on the lip might have been made by falling upon the ice.
Court adjourned at 12:39 until 2 P. M. leaving the examination of Dr. Sornberger unfinished.
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