"Objection sustained!" said the Recorder.

"Now, then, we will come down to the administration of the hypodermic," said Mr. Bliss. "You testified that you saw Dr. Medjora administer the hypodermic. Are we to understand that you saw Dr.

Medjora dissolve the tablets, fill the syringe, push the needle under the skin, press the piston so that the contents were discharged, and then remove the instrument?"

"No, sir. I did not see all that."

"Well, what did you see?"

"I saw him taking the syringe out of Miss Sloane's arm. Then he cleaned it and put it in his pocket, after putting it in a case."

"Oh! You did not see him push the syringe in, you only saw him take it out. Then how do you know that he did make the injection, if one was made at all?"

"Why, he must have. I saw him take out the syringe, and there was no one else who could have done it."

"Then you saw him put the syringe in a case, and place the case in his pocket, I think you said?"

"Yes, sir."

"What sort of case was it?"

"A metal case!"

"Was it a case like this?" Mr. Bliss handed her an aluminum hypodermic case, which she examined, and then said:

"It looked like this." The case was then marked as an exhibit for the defence.

"In what position was Miss Sloane when you saw the Doctor leaning over her?"

"She was lying across the bed, with her head in a pillow. She was crying softly!"

"I think you said that this occurred at half-past eight o'clock?"

"Yes, sir. About that time."

"At what hour did Miss Sloane die?"

"At eleven thirty!"

"That is to say, three hours after you supposed that you saw Dr.

Medjora make the injection."

"Yes, sir!"

"Did you leave the room again during that time?"

"No, sir."

"Not even to get the coffee which Dr. Meredith had ordered?"

"No, sir. I made that on the gas-stove in the room."

"Well, then, during that last three hours did you, or any one else, in your presence, inject, or administer morphine in any form to Miss Sloane?"

"No, sir; positively not."

"Such a thing could not have occurred without your knowledge?"

"No, sir."

"Now, your Honor," said Mr. Bliss, "I would like to ask the prosecution whether this is the only witness upon whom they depend to prove the hypothesis that morphine was administered within three hours prior to the death of Miss Sloane?"

"That is our evidence on that point," replied Mr. Munson.

"Then, if it please the court, I move that all that testimony of Professor Orton's following and dependent upon the hypothetical question, shall be stricken from the records."

"State your grounds," said the Recorder.

"Your Honor admitted the question upon the express understanding, that the hypothesis that morphine had been administered within the specified time should be proven. The prosecution's own witness tells us that no such administration occurred during the last three hours of the life of the deceased. The proposition then hinges upon what this witness claims to have seen as she entered the room. She admits that she only saw Dr. Medjora remove a syringe. She did not see him insert it, and she could not possibly know what the contents of that syringe were."

"I think," said the Recorder, "that the question whether or not her testimony shows that Dr. Medjora administered a hypodermic of morphine is a question for the jury. The evidence may stand."

"We take exception," said Mr. Bliss. After a few moments consultation with Mr. Dudley he said to the witness: "That is all," and she was allowed to leave the stand. This ended the day's proceedings.

CHAPTER VII.

THE PROSECUTION RESTS.

The first witness called, on the resumption of the trial, was a druggist, named Newton, who qualified as an expert pharmacist and chemist. He examined the pellets contained in the bottle identified by the professional nurse as the one which she had given to Mr. Munson.

These he dissolved in water, and then submitted to chemical tests, from the results of which he p.r.o.nounced them to be morphine. He testified that he recognized them as the usual pellets carried by physicians for hypodermic use. He was not cross-examined.

The next witness was Prof. Hawley, an expert pathologist. He swore that he had a.s.sisted at the autopsy, and in the main substantiated the evidence of Dr. McDougal, the Coroner's physician, agreeing with him, that from the physical appearances, the probable cause of death had been morphine poisoning. He was asked the hypothetical question and answered as did the other witness, that at least three grains must have been administered. Up to this point the evidence was merely c.u.mulative, but Mr. Munson then essayed another line of inquiry.

"Professor," said he, "from your examination of this body can you tell us whether or not the deceased had been a mother?"

"I object!" cried Mr. Bliss springing to his feet, with more energy than he had yet exhibited. It was plain that though heretofore his objections to the admission of evidence may have been suggested rather by his desire to fully protect his client, than because he feared the testimony, this time he fought to exclude this evidence because of some vital interest, as though, indeed, this point having been foreshadowed in the early newspaper accounts, he had been fully instructed by Dr. Medjora. This became the more apparent, when Mr.

Dudley himself took part in the argument, for the first time bringing the weight of his legal knowledge to bear upon the case publicly. For when the court asked for a cause of objection, it was Mr. Dudley who replied.

"May it please your Honor," said he, "it seems to us, that the fact which counsel here endeavors to introduce, is entirely irrelevant.

Whether or not Miss Sloane was a mother, can have no possible connection with our client's responsibility for the crime of which he is accused. It is no more against the law to kill a mother, than to slay any other woman. We hope that your Honor will see the advisability of shielding the name of the dead from any such imputation as the guesses of even this celebrated expert might cast upon her."

"I really cannot see the bearing of this evidence," said the Recorder, addressing Mr. Munson.

"If it please your Honor," said Mr. Munson, "we wish to show that this girl was an unmarried woman; who nevertheless bore a child to the prisoner. Further, we will show that Miss Sloane was a poor girl, seeking to earn her living as a music teacher. Now the accused suddenly finds the opportunity to marry a wealthy woman, and the poor musician, with her claim upon him as the father of her child, becomes an obstacle in his path. Thus, your Honor, we supply a motive for this crime."

"But, your Honor," said Mr. Dudley, "there has not been a particle of evidence to prove any of these a.s.sertions, so glibly put for the benefit of the jury, and therefore we must contend that this evidence is entirely incompetent."