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Show U. S. OFFSGER if! ROW AT TRIAL DF IS. MILES Government X-Ray Expert Appears in Uniform and Is Criticised by Attorney Attor-ney for Defense. B7 H. S. KUSHMOES, Staff Correspondent of the International Interna-tional News Service. MIXEOLA, L. I.. Xov. 30. There were three outstanding: features at to-dav's to-dav's session of the trial of Bkinca Er-r.izuriz Er-r.izuriz de Smiles for the alleged murder mur-der of her husband, John L. de Saulles, at his country home here last August. Drs. J. Sherman Wight and Smith Ely Jelii'ie. the noted alienist, testified positively pos-itively that Mrs. de Saulles was mentally men-tally unsound and irresponsible when she shot and killed her husband. Major Lew-is Gregory Cole, M. D a government govern-ment X-ray expert at Cornell university, univer-sity, testified for the state that Dr. Wight 's X-ray failed to show the skull fracture alleged by the defense. Henry A. t'terhart, counsel for Mrs. tie Saulles. made a spirited attack upon Major Cole for appearing on the stand against his client while in uniform. Maior Cole rcsronded wirh heat, and Justice Man-n.r.g Man-n.r.g stopped the attack while people in the pac'sed courtroom were murmur-i'-ig their disapproval of Utevhart s action. ac-tion. Friends Explain. The lawyer's motive in criticising Ma.'or Cole for appearing in uniform, .it v.-as later explained by one of his close friends outside the courtroom, was not what at first it appeared to be. He plajis, it was claimed, to direct a vigorous vigor-ous artac!. upon District Attorney 'h.Tles K. Weeks when he sums up. for intro'iucini: unnecessarily, as he will a iece. a witness for the state in a solder's sol-der's uni'orrr:. I terhart wiii nrgft that Weeks mi'nt --as-!y hive se!c:ed an X-ray expert from civil life, but tiiat he transgressed rcquireirerts. if not e'hies. when he h-ot-ght a uniformed officer into court at a rime when th people are fostering a erowmg love for the uniform being worn by American boys in France. In order to be enabled to bring that rnint into his ciosinc address to toe ;ury, some mention of the imit'orm hml to he j in the rtiorli t ptimony. l:terh;rt. , his frienls ohnmrtd, a-'Opted the criti- ; risni lie know must follow his attack in j the interest of li is client. j Mother Too 111 to Appear. Scnora Bhuu'a Vergara. -lo Krrazuriz i w;vs too ill to testify today or oven ap- j pear in oourt. Tbe defence saiil it wiis ; improbable that she will be able to take the '"witness stand before the eao is in the jury's bauds. Nearly two hour? were required hy County Judie Lewis J. Smith; as-'oeia e eounsel for the defense, to read the hy- pothtnif.'iL question propounded lo the 1 alienists. The question eon sis ted of about 2i000 T.-ords, and recited the history his-tory of the voiiujj Chilean defendant and the eir.nimsT::nees surrounding the -lay in s of her husband. , as shown by the M'srinionv. At the conclusion three spsrate q'le.-nons were asked, ench be-tjinniv.: be-tjinniv.: with the words: ' A ssumiiiiZ h1 the foregoinfr facts and bavins; in mind your personal examination exam-ination of the defendant " the question, ques-tion, st ripped of legal verbiage, were: '"In your opinion, was the defendant tneutallv sound at the time of the shooting shoot-ing on " August 3. 1917 " 'Tn your opinion, did the defendant know the nature or quality of the rut he was committing ? ' ' ( ' In your opiuion. did the defendant, know the act was wrong?' ! Answered "No.v Prs. Wight and Jeiif fe answered (fXo' to all three questions, and no recession from their contention was obtainable ob-tainable by District Attorney Weeks, even under a eross examinnt ion whoso edges were sharpened bv frequent suggestions sug-gestions from the state 's alienists. Both Dr. Wirht and Dr. Jeliffe distinctly dis-tinctly repudiated anv theory that the fracture of Mrs. de Saulles '6 ekull was the primary cause of her mental condition condi-tion on August 3 or that the fracture was , of necessity a contributing factor. This disavowal was made despite the fact that both expressed unqualified belief that the fracture and resultant pressure uron the young woman's brain actually did form a strong contributing factor." i District Attorney Weeks strove to make a telling point against Dr. Witr'nt when he asked him if he had ever ts- i tifiei before in a murder case. The effort was reactionary as the witness said. ' ' The only mur ler cace in which T was a:ked to testify prior to this eas" was in one in which T found tb defendant defen-dant was feigning insanity. I de.i-ied to have anything to do with the case after examining the defendant.'' Grewsome Exhibition. Not only was Ms. de Saulles $ X-rayed skull shown a;ain to the jury on an illuminated necarjye to-!ay, but several other X-ray plate of nthT 1 skulls were displayed by the projreu-tinn. projreu-tinn. tbe whole forming a grew?omo exhibition. ex-hibition. ?.Irs. de Saulles manifested eon siderarde intere-t in hpr own skull today, thus d; f f ar; r z i'ora her st udied avoidance r-f it before. Dr. Wight, during whose cro-exam- ' ination the 6 tat.- i or.trib;tion of ric- , turd skulls wa? made, for com f arison ' with th" X-rav of the defendant' cr-i- i nium. ehnrat-rird one of th proiee?i- tion s platen a "very poor.'' ' 1 And your plate was poor, too? ' 1 aiked Week. ''Mine was a tt goo-3 plat.' aid Dr. Wieht positively. ; ' lie took it him?elf," said .Jn'ir Manning and th tension wa- relieved f hv langh'er in which judire. jury, si i ta tors and defcDdftnt joined. Avoided Pitfalls. j Dr. Jeiirf. who ha t--'t-fi'-d in many capital rae, ikilf ul!y avoid--! -e-.pry jitiall prepared for him by h 1 T rosiiti at tore v. He dlin"'! to' lo."' his tmp". p was asicd it h1 re.-'ail'-'d that' Hans Schmidt. afrr Dr. I .Teliffp and c'hr a'ier.i-ts bad tetifirj thst he wa in?an, had d'.'!ar-d h' 1 I had ' ' fooled the doctor". ' ' an-i h 1 bnen xfcutd for his rr.ir. i ""lians chrnidt wa. a very rra-v, man.'' said Dr. Jeliffr. "It made him' none th" b-ss ern.?;v b 'JiMse he aH h- '. i had foolH us. il wan wry rra?'.. I j know it. Th saf" rx.?u" I a i ra.-r l man." ' The witn"-i dr-nid that Mrs. d 1 aullf ' am n-ta ?.an urd bv the fratnr of Cn skull. II df-'dar--d "wq? r.Ot fl'l thre ' v hen h .ought to xamin hrr. A ki if fh I.i-t I' i! ;h tf!ephond ?-ni,fone af'T th - boot i nc, con- r.ja ind of h u n z' r arid a k f-d for mi ! k and d j d va ri rnj it j r ; "pt!v rat ; nr,n M,i r. g r r.n f 1 ; "t r i r'n h i theory that h- n;nt a : ' ui-eot; ui-eot; nd af th" ti m " of the -hoot j i, K-. he ; r-a id al ', that w-.o." ' ' rn U fd y '-on ; Tpjit : v 1 1 h hi" t h r r v t h u t h a f -1 auto , mnticall;- without knoK-.1g ur inter. r-,Ti"n bra rrr (,f - hat he t,. ''.-hp if-ai in a "ritp of pxrn; ng j g'- ibijty, ' ' nid th flb":iC Major Cole's Testimony. Ma. .or .e-- ',rr:nrv d. r. f . "hn .,T--i- n Mr". '! J-n-; !- 's X r- r-S '"id. ('' in ror : ''ft Vrj'twvj r, r. r v i d n - "" whn fpver of a frartnrp. Th" :ot hov-n in rnv opinion i the Anterior f on f u n - ' th 'of Mrt wh"rp th' hor.e-i .m:':o to- "'h'-r rnd nify after hildKno-l. Son"-Um'"i Son"-Um'"i th" hones knif with a t!"pre";nn j and lornet i men v.-1 1 !i n bu I (,'" at that p-,int." . The v-i'ne1-" ";lh1 if was n: i'mhi.i r ' to TT'a k" e; if h t e . i'c'i re -t in , nvin a 1 o!v;il, and tVrit prmv rejnj int ion s require 1 tiiftt nnrriber. 1 "Mi"-, de Sa ulle ta 1 V e'l v ' h me in I the jnil on A Hi.-"" r'. i'-li''n I (aH"H to, her.' ' dee; a red Wr. 1 f l"n Martin,; W(,0 ;i.ld iie dad ilin-.-ri he 'leferid'int th r"" v"arn. A ide f rorn i"i n ill "h" j appeared to tne to be rational. She I re-iporided when I nil- r, Jirr if I pom Id j do jtnvthinf; fnr her ur ;itv nny ni"i-v;i ni"i-v;i f f. She fne if j i-fi'V little .Ijj'"': i to f e , i m her lo-"". Sh" ft ll O 'Ti t ! i her love tr, T r. pi'n'T. ' ' I Mri, T n r 1 1 ri v, ;ii aed but one fpuis t inn bv 1 ' t er ha rt. 'Are oil i bite frind of the K-'V -hera ? ' ' r'he said h" v.n. I i Sister Rccjilled. ! ! M r. ' aroblie termer, fie Htu11" ' I ,o.r. w:J rerplb-d f tetif- that th" 'iff en riant a pp' ar-d ra t .final at ' ' Th" I ', x ' ' i mine-1 1 a I el v be fore uut f ,,ibjv j mi;' the cdioohn;'. I M" " Jean .' 1 a 1 ini-!: , f or me r " i erne-i f .i;i.!r, .( tierWei- '.vlille I fyinK bh" ndimtled that ),e m.-i''1' ;hiive f'jrrndiej Mr, de Hfinlle with, hendar-he re'pedie'f nor (I h"r dis -hare I;, .t J,,lv. ' o f i t ri I d e Thurne, v h't took th" de fM,d;.pt to fail nfter the hortiii, Im tfie, fhal die ftppenre-l rt.inal. j J J:)ro f a n n i til' i n t " r ni fJ ed tod a v "i j ;.-f-iffn t(, pn'-'i lenfenee nnn I torn i n i l i I ir-niii rn-ii, t-ie. for rnurdec i in rn"d ta (" '.' before th" f t- Sun 1 b-n trial, bu t, eon i t ' e, 0f n-n nulauyhtT. lie 1 tentenee-l to fle-.-fri U'ftri in Hjritf Hintf. n ndionrfiiny Ju'-.twe Munnirijr an I n ou fie I'd a .-;:it ii rda v """-i'lii fif court. |