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Show PAYNE CASE IS A BATTLE ' - ROYAL I BETWEEN EXPERTS Defense Will Base Its Fight on Difference of Opinion Expressed by Doctors as to Conditions Condi-tions Affecting Autopsy. The case of the State against Dr. E. 8.. . Payne, whose preliminery hearing on a charge of murder in the second degree, which was preferred against him as the result of the death of the young school teacher, Anna D. Hill, who died in his office December 20th, promises to resolve itself into a battle royal between experts ex-perts In obstetric surgery. Deals in Technicalities. -. Dr. T. O. Odell, assistant county physician, phy-sician, occupied the witness stand during dur-ing the entire morning session of the court. His testimony was wholly technical, tech-nical, couched In language almost unintelligible un-intelligible to the layman. Dr. Odell differed somewhat in opinion as to certain conditions from the testimony testi-mony given by Dr. Mayo yesterday, and on this point the experts for the defense will lay particular stress. Dr. Odell was the last witness called by the State, and at the conclusion of his testimony County Attorney Wester-velt Wester-velt rested, for the State. Iffotion for Dismissal. Attorney Wanless, representing Dr. Payne, informed the court that he ln- tended to make a motion to dismiss the defendant at 3 o'clock this afternoon, and If the motion were not granted, after af-ter argument, he would be prepared to place experts on the stand In behalf of the defense tomorrow morning at 10 o'clock. Dr. Odell's examination bristled with technical terms, and in the course of his testimony he had frequent recourse to a large number of technical works, from which he Illustrated his explanations explana-tions to the court and to the attorneys. Assisted in the Autopsy. Dr. Odell said that he had assisted in the autopsy on the body of Miss Hill, and corroborated Dr. Mayo's testimony as to what conditions were found at the post-mortem. When asked as to what In his opinion, was the cause of death, he repeated the opinion expressed by Dr.'Mayo yesterday, that the fidmlnis- " tratlon of an anaesthetic, probably chloroform or ether, caused cardiac par- , alysls, which brought about the death of Miss Hill. The witness said that the condition of the body showed evidences and indications indica-tions that a criminal operation had been performed within two hours of the time v the young woman died. Blood-Stained Cloth. A mild sensation was created when the prosecuting . attorney produced a blood-stained cloth and asked Dr. Odell if he could identify It. Dr. Odell identified It as a cloth which was removed from Miss Hill's body at the autopsy. Attorney Wanless then directed a cross fire of questions at the witness, in an effort to show that such an operation opera-tion as was disclosed in the post-mortem examination of Miss Hill's body could have been performed by herself. His effort was not altogether successful, success-ful, as the witness called attention to a number of circumstances that pointed to the operation as having been performed per-formed by another. Position of the Body. Reverting to the testimony presented yesterday, regarding the position in which the body was found. Dr. Odell said that it would have been impossible for a woman who had died in convulsions, convul-sions, alone, to have been in the position posi-tion which Miss Hill's body was de scribed as having been found. Not Performed by Woman. Dr. Odell said that the criminal ope-tatlon ope-tatlon which was disclosed In the postmortem post-mortem examination could not have been performed by the woman, as had she performed it, there would have been a great deal more laceration of the membrane. The operation could have been done by one skilled in surgery leaving the membranes and organs in the condition they were found. Never had he read in medical literature, and his reading was extensive, of so success- ful an operation or tnat cnaracter un.v lng been performed by a patient upon herself.' Defense Is Confident. After court had adjourned, to meet this afternoon, Attorney Wanless expressed ex-pressed hlmBelf as follows to a Telegram reporter: "The State has a good case based wholly on presumptions and probabilities, probabili-ties, but It has no direct evidence or direct di-rect proof that my client was guilty of having caused the death of Miss Hill. The discrepancies between the testimony testi-mony of Dr. Mayo and that of Dr. Odell will be fully gone into, if my motion to dismiss the case is not granted." Payne Expects Acquittal. Dr. Payne said to The Telegram! "Any one can see from the manner In which Dr. Mayo's testimony was given that he bears a deep-seated prejudice preju-dice toward me. He has shown his prejudice pre-judice from the very start. I am satisfied satis-fied with the State's case, and can see but one conclusion. I will be given my liberty at once, and my name will oe . cleared." . |
