"No, sir, it could not be said."

"How was the pulse?"

"The pulse was slow, but that is what we expect with this form of death."

"So that the slow pulse would not necessarily indicate poison?"

"Not at all."

"Was the breathing stertorous?"

"Not in the true sense. Respiration was very slow, and there was a slight difficulty, but it was not distinctly stertorous."

"How were the pupils of the eyes? Contracted?"

"No, they were dilated if anything."

"Now then, Doctor--please consider this. Dr. Meredith told us that a symptomatic effect of morphine death, would be pupils contracted and then dilating slowly as death approached. Now did you observe the contracted pupils?"

"No, sir."

"What effect does atropine have upon the pupils?"

"It dilates them."

"Dr. Meredith admitted that he injected atropine. In your opinion would that account for the dilatation of the pupils just previous to death, which you say that you yourself observed?"

"I should say yes."

"I will only detain you another minute, Doctor." Mr. Bliss then asked for and obtained the aluminum hypodermic case and handed it to Dr.

Fisher. He asked:

"Doctor, do you recognize that?"

"Yes, it is mine."

"How long has it been out of your possession?"

"I missed it on the day of Miss Sloane's death. I think now that I may have left it there by accident."

Mr. Bliss then yielded the witness, and Mr. Munson began a re-direct examination, which was practically a cross-examination, because this witness, though technically for the prosecution, was in effect a witness for the defence. The lawyer tried with all his cunning to confuse the old doctor, but the longer he continued the more he damaged his own cause. About the only thing which he brought out that might help him, was the following in relation to the hypodermic case.

"How do you know that this case is yours?"

"Because it is made of aluminum. I had it made to order. I do not think that such another is yet on the market, though the house that made mine for me, has asked permission to use my model."

"So this is certainly yours?"

"Yes, sir."

"If you did not make any injections, as you have testified that you did not, how is it that you could have left this at the house?"

"I probably took it out of my bag, when getting out my laryngoscope and other instruments to treat the throat."

"I see that this case not only contains the syringe, but also some small phials filled with tablets. What are those tablets?"

"They are various medicines used hypodermically."

"Was there any morphine in this case when you last saw it?"

"Yes, sir."

"How much?"

"There was a phial filled with tablets. Altogether eighty tablets, of one eighth of a grain each."

"Please count the tablets remaining, and state how many there are?"

"I find forty-eight."

"That is to say thirty-two pellets have been taken out?"

"Yes, sir."

"Now, then, supposing that this is the identical syringe which the nurse saw Dr. Medjora using, and deducting the four pellets which she found in the bed, how large a dose must have been administered at that time?"

"I object!" said Mr. Bliss.

"It seems to be a mere matter of arithmetic," said the Recorder.

"No, your Honor. That question supposes that the tablets missing from the phial were administered to the patient. Now there is no evidence whatever as to that?"

"Whether the missing tablets were administered or not is a question for the jury to decide. You may state, Doctor, how much morphine was contained in the missing tablets."

"As there are forty-eight here, thirty-two are missing. Deducting four, that leaves us twenty-eight, or a total of three and a half grains."

This was a corroboration of the estimate made by the experts, that three grains must have been the minimum dose administered, and if the jury should believe that these missing tablets had been given by the prisoner, it was evident that they must convict him. So that after all the prosecution did gain something out of the witness who had been forced upon them. They then rested their case, and court adjourned, leaving the opening for the defence until the following day.

CHAPTER VIII.

FOR THE DEFENCE.

When Mr. Dudley arose to open the case for the defence, the crowded court-room was as silent as the grave, so intense was the interest. He spoke in slow, measured tones, with no effort at rhetorical effect.

Tersely he pictured the position of his client, a.s.sailed by circ.u.mstantial evidence, and encircled by a chain which seemed strong enough to drag him to the dreadful doom which would be his upon conviction. But the lawyer claimed that the chain was not flawless. On the contrary he said that many of the links had been forged, and he dwelt upon the word with a significant accent, as he glance towards the prosecuting counsel; forged from material which was rotten to the core, so rotten that it would be but necessary to direct the intelligent attention of the jury, to the inherently weak spots, to convince them that justice demanded a prompt acquittal of Dr. Medjora.