Part 20 (1/2)
THE DEFENCE CLOSES.
The next day's proceedings began promptly, Dr. Medjora taking the stand for cross-examination. His evidence in his own behalf, it was generally conceded, had materially weakened the prosecution's case, and it was with much interest that the lawyers watched the outcome of his cross-examination. Mr. Munson began:
”You have testified that Miss Sloane was a morphine _habitue_.” Before he could propound a question based upon this statement, the Doctor replied quickly:
”I have not so testified.”
”You have not?” asked the attorney, with much surprise.
”No! I said that she had taken morphine, for pain from Bright's disease, until she had almost become an _habitue_.”
”That is practically the same thing,” said the lawyer, testily.
”Pardon my disagreeing with you. Had she become a confirmed user of the drug, for the drug's sake, she would probably have been suspected by those who lived in the house with her, and thus it would be easy for us to produce witnesses in corroboration of my a.s.sertion. But as she used it merely to soothe pain, even though she did take large doses, it was at such intervals, that symptoms of morphine were not sufficiently marked to attract the attention of an ordinary observer.”
Messrs. Dudley and Bliss were delighted at this early proof that the Doctor would be a match for the astute attorney, who was about to endeavor to entangle him in contradictions, or damaging admissions.
”Oh! Very well!” said Mr. Munson. ”You say that she took morphine in large doses. You knew this, and also that she had a serious disease, and yet you left her alone in a strange boarding-house, whilst you went away to Europe?”
”I left her under the medical care of one who certainly possessed skill, and who pretended to be my friend. I went to Europe, in the cause of humanity, to prosecute studies which I yet hope to make a benefit to my fellows.” Thus the Doctor confidently predicted his acquittal. This was most shrewd, for it not infrequently occurs that men may be moved by suggestion, even when not in the hypnotic state.
Dr. Medjora was a past master in psychological science.
”How long had you been married, at this time?”
”Eighteen months.”
”Then, when you left this woman, she was not only suffering from disease, and the dangers of morphine, but she was grieving for her dead child, was she not?”
This was a neat trap, sprung without warning, but the game was shy and wary. The Doctor replied sternly:
”I have not testified either that she had a child, or that, if so, she had lost it.”
”Well, did she have a child?”
”You have had expert testimony upon that point. Why ask me?”
”That is my affair. Answer my question.”
”I must decline to do so!”
”I appeal to the court to compel the witness to answer.”
”Your Honor,” cried Mr. Dudley, rising, ”we object. Counsel, for some undiscoverable reason, seems determined to probe the private affairs of our client. We think that this question is irrelevant and incompetent.”
”What is the object of this, Mr. Munson,” asked the Recorder.
”Your Honor has ruled, and a million precedents uphold you, that we may examine into the relations that existed between the accused and the deceased.”
”Your Honor,” interjected Mr. Dudley, ”you allowed a similar question yesterday, because counsel argued, that if he could prove the existence of a natural child, he would show that the deceased through the child had strong claim upon our client. I will also call your Honor's attention to the fact, that at that time allusion was made to another visionary claim on the part of the prosecution. This was that Dr. Medjora was in the position to marry a wealthy woman, and that the poor musician, with her child, became an obstacle in his way. Now, not a scintilla of evidence has been brought out, in substantiation of that claim, which as I said, at that time, was made merely to affect the jury. Moreover, since then, we have shown that this woman was the lawful wife of Dr. Medjora, and, therefore, her having, or not having a child, can have no possible bearing upon the issue. I hope that the question will not be allowed.”
”I cannot see,” said the Recorder, ”what is to be gained by this, Mr.