416 Slide – American State Trials 1918 Volume X Leo Frank Document

334 - X. AMERICAN STATE TRIALS.

Hr. Arnold. I move to exclude that as groesly improper, He says
he is arguing that some physician was brought here because he was
tbe physician of some member of the jury, it’s grossly unfair and it's
grossly improper and insulting, even, to the jury.

Mr. Dorsey. I say it is eminently proper and absolutely a legiti-
mate argument,

Mr. Arnold, I just record my objection, and if Your Honor lets
it stay in, you ean do it.

Mr, Dorsey. Yes, sir; that wouldn't seare me, Your Honor.

The Court. Well, I want to try it right, and I suppose you do.
Is there anything to authorize that inference to be drawnt

Mr. Dorsey. Why sure; the fact that you went out and got gen-
era] practitioners, that know nothing about the analysis of the stom-
ach, know nothing about pathology.

The Courr. Go on, then.

Mr. Dorsey. 1 thought 0.

Mr. Arnold. Does Your Honor hold that is proper—“T_ thonght 30?”

The Court. I hold that he ean draw any inference legitimately
from the testimony and argue it—I do not know whether or not there
is anything to indicate that any of these physicians was the physi-
cian of the family.

Mr. Rosser. Let me make the suggestion, Your Honor ought to
know that before you let him testify it.

The Covrr, He says he does not know it, he’s merely argning it
from an inference be bes drawn. ,

T can’t see any other reason in God's world for going out
and getting these practitioners, who have never had any
special training on stomach analysis, and who have not had
any training with the analysis of tissues, like a pathologist
has had, except upon thet theory. And I am saying to you,
gentlemen of the jury, that the number of doctors that these
men put up here belie the statement of Mr, Rosser that he
doesn’t attach any importance to this cabbage proposition,
because they knew, as you know, that it is a powerful factor
in sustaining the State’s case and breaking down the alibi
of this defendent. It fastens and fixes and nails down with
the accuracy only which a scientific fact can do, that this
little girl met her death between the time she entered the
office of the superintendent and the time Mrs. White camo
up the staira at 12:35, to see her husband and found this
defendant at the safe and saw him jump. Yon tell me that
this Doctor Childs, this general practitioner, who don’t