“You, ladies and gentlemen of the jury, have doubtless read the statement of counsel for the defense made to the press that his client was crucified upon a cross of coincidence. The prosecution expects to prove that the defendant deliberately became a poisoner, a murderess, a blackmailer and became ensnared in the toils of her own iniquity.”
Hamilton Burger bowed to the jury and, turning, lumbered back to his seat at the counsel table for all the world like some huge, vindictive grizzly bear that had the power and the savagery to smash down all opposition.
“Does the defense wish to make a statement?” Judge Ashurst asked.
“Not at this time,” Mason said.
The judge turned to the district attorney. “Call your first witness.”
“Dr. Medley P. Granby,” Hamilton Burger said.
Dr. Granby came forward and was sworn.
“Stipulate to the doctor’s qualifications as a physician and surgeon subject to the right of cross-examination,” Mason said.
“Very well,” Hamilton Burger said. “Doctor, your full name is Dr. Medley Prosner Granby, and you are the physician who took care of Mosher Higley during his lifetime and during his last illness?”
“I am.”
“Did you see Mosher Higley as he was dying?”
“I arrived very shortly after Mosher Higley had expired.”
“What was his physical appearance at that time? What did you notice?”
“I noticed that there was a redness of the skin, that there had been a history of—”
“Just a moment,” Mason interrupted. “We object to any history so-called, on the ground that that is hearsay. I take it, Doctor, that you are now referring to something that was told you by nurses in charge of the case.”
“That is true.”
“That would be hearsay,” Judge Ashurst ruled. “Just confine yourself to the physical appearance.”
“I noticed a peculiar redness of the skin. I noticed that the man had evidently been drinking chocolate when he had the fatal—”
“Just a moment,” Mason said. “I move that that part of the answer may go out as being a conclusion of the witness and not responsive to the question. The fact that he had evidently been drinking chocolate is very definitely a conclusion of the witness.”
“This is an expert medical witness. He is entitled to give his opinion,” Hamilton Burger said.
“He can draw medical conclusions,” Mason said, “but he can’t become an expert on circumstantial evidence. He can tell what he saw. He can make medical deductions under proper circumstances.”
“Oh, if the Court please,” Hamilton Burger said, “this is very evidently a technicality.”
“The defendant serves notice,” Mason said, “that under the circumstances of this case the defendant intends to rely upon every technicality which the law gives for her protection. These things the prosecutor sneeringly refers to as technicalities are simply the safeguards that the law provides a defendant to prevent a defendant from being unjustly convicted. The defense intends to insist that none of these safeguards be ignored.”
“The motion of the defense is granted. The part about the decedent having evidently been drinking chocolate will be stricken,” Judge Ashurst ruled.
“Very well,” Hamilton Burger said with exasperation. “Just what did you see, Doctor? Now you understand the objection that has been raised by the defense. Tell us what you saw with your own eyes.”
“I saw Mosher Higley. He was my patient. He was dead. I noticed a certain redness of the skin. I saw fragments of a broken cup on the floor. I saw chocolate, or a liquid which I assumed to be hot chocolate because it smelled like chocolate, spilled on the floor and on the nightshirt which covered Mosher Higley.”
“Now then,” Hamilton Burger said, “were you present when the body of Mosher Higley was exhumed in accordance with an order of this Court?”
“I was.”
“Did you assist in performing a post-mortem on that body?”
“I did.”
“Did you as a result of that autopsy reach a conclusion as to the cause of death?”
“I did.”
“What was it?”
“I decided that Mosher Higley had died of poison.”
“Did you reach a conclusion as to the type of poison?”
“I did.”
“What was it?”
“Cyanide of potassium.”
“Cross-examine,” Burger said triumphantly.
Mason said, “Doctor, at the time you saw Mosher Higley you noted all of these symptoms that the district attorney has outlined?”
“I did.”
“You considered them carefully?”
“Well, no. I saw them. That is all I can say.”
“You didn’t consider them carefully?”
“Not at that time.”
“Why?”
“Because the full possible significance of those things had not as yet dawned upon me.”
“You were called as a physician?”
“Yes.”
“You knew the man was dead?”
“Yes.”
“You knew you were going to have to certify as to the cause of death?”
“Yes.”
“Therefore you examined the body and the surroundings for the purpose of determining the cause of death?”
“Well, yes and no.”
“What do you mean by that?”
“I mean that I made what I would call a cursory examination.”
“And as a result of that examination you reached a decision at that time as to the cause of death?”
“Well, I signed the death certificate.”
“Doctor, don’t avoid the question. I am asking you did you at that time reach a decision as to the cause of death?”
“Well, yes.”
“And you decided the man had died as the result of a coronary thrombosis, did you not?”
“I did.”
“And you signed the death certificate attributing that as the cause of death?”
“Yes, sir.”
“And you now think you were mistaken when you signed that death certificate?”
“I do.”
“You now feel that Mosher Higley did not die as a result of coronary thrombosis?”
“I know he did not die as a result of coronary thrombosis.”
“You know, therefore, that you made a mistake when you decided that was the cause of death when you first saw him?”
“Yes, sir, and I want to tell you my reasons.”
“I’m not interested in your reasons at the present time,” Mason said. “I am asking you simply as a matter of fact whether you made a mistake, whether you reached an erroneous conclusion. You can answer either yes or no, either you did or you didn’t. Now did you reach an erroneous conclusion or did you not?”
“I did,” Dr. Granby said, his lips quivering with anger.
“Is it possible to bring about a coronary thrombosis by drinking chocolate?”
“Certainly not. A coronary thrombosis is an occlusion of the coronary artery by a clot of blood, shutting off the circulation and resulting in death.”
“As soon as you found Mosher Higley was dead you knew you were going to be called upon to sign a death certificate?”
“Naturally.”
“And therefore you looked around for the cause of death, did you not?”
“Well, in the manner that I usually do.”
“You mean that your usual manner is a careless, slipshod manner?”
“Certainly not.”
“You mean this usual manner was one not calculated to determine the cause of death?”
“Certainly not.”
“Do you want this jury to understand that you used your very best professional competency, skill, experience and judgment in determining the cause of death at that time?”
“Well, I am forced to admit that I overlooked the significance of the reddish tinge of the skin.”