CHAPTER XIII

THE BELLEVUE HOSPITAL CASE

On December 15, 1900, there appeared in the _New York World_ an article

written by Thomas J. Minnock, a newspaper reporter, in which he claimed

to have been an eye-witness to the shocking brutality of certain nurses

in attendance at the Insane Pavilion of Bellevue Hospital, which

resulted in the death, by strangulation, of one of its inmates, a

Frenchman named Hilliard. This Frenchman had arrived at the hospital at

about four o'clock in the afternoon of Tuesday, December 11. He was

suffering from alcoholic mania, but was apparently otherwise in normal

physical condition. Twenty-six hours later, or on Wednesday, December

12, he died. An autopsy was performed which disclosed several bruises on

the forehead, arm, hand, and shoulder, three broken ribs and a broken

hyoid bone in the neck (which supports the tongue), and a suffusion of

blood or hæmorrhage on both sides of the windpipe. The coroner's

physician reported the cause of death, as shown by the autopsy, to be

strangulation. The newspaper reporter, Minnock, claimed to have been in

Bellevue at the time, feigning insanity for newspaper purposes; and upon

his discharge from the hospital he stated that he had seen the Frenchman

strangled to death by the nurses in charge of the Pavilion by the use of

a sheet tightly twisted around the insane man's neck. The language used

in the newspaper articles written by Minnock to describe the occurrences

preceding the Frenchman's death was as follows:--

"At supper time on Wednesday evening, when the Frenchman, Mr. Hilliard,

refused to eat his supper, the nurse, Davis, started for him. Hilliard

ran around the table, and the other two nurses, Dean and Marshall,

headed him off and held him; they forced him down on a bench, Davis

called for a sheet, one of the other two, I do not remember which,

brought it, and Davis drew it around Hilliard's neck like a rope. Dean

was behind the bench on which Hilliard had been pulled back; he gathered

up the loose ends of the sheet and pulled the linen tight around

Hilliard's neck, then he began to twist the folds in his hand. I was

horrified. I have read of the garrote; I have seen pictures of how

persons are executed in Spanish countries; I realized that here, before

my eyes, a strangle was going to be performed. Davis twisted the ends of

the sheet in his hands, round and round; he placed his knee against

Hilliard's back and exercised all his force. The dying man's eyes began

to bulge from their sockets; it made me sick, but I looked on as if

fascinated. Hilliard's hands clutched frantically at the coils around

his neck. 'Keep his hands down, can't you?' shouted Davis in a rage.

Dean and Marshall seized the helpless man's hands; slowly,

remorselessly, Davis kept on twisting the sheet. Hilliard began to get

black in the face; his tongue was hanging out. Marshall got frightened.

'Let up, he is getting black!' he said to Davis. Davis let out a couple

of twists of the sheet, but did not seem to like to do it. At last

Hilliard got a little breath, just a little. The sheet was still brought

tight about the neck. 'Now will you eat?' cried Davis. 'No,' gasped the

insane man. Davis was furious. 'Well, I will make you eat; I will choke

you until you do eat,' he shouted, and he began to twist the sheet

again. Hilliard's head would have fallen upon his breast but for the

fact that Davis was holding it up. He began to get black in the face

again. A second time they got frightened, and Davis eased up on the

string. He untwisted the sheet, but still kept a firm grasp on the

folds. It took Hilliard some time to come to. When he did at last, Davis

again asked him if he would eat. Hilliard had just breath enough to

whisper faintly, 'No.' I thought the man was dying then. Davis twisted

up the sheet again, and cried, 'Well, I will make him eat or I will

choke him to death.' He twisted and twisted until I thought he would

break the man's neck. Hilliard was unconscious at last. Davis jerked the

man to the floor and kneeled on him, but still had the strangle hold

with his knee giving him additional purchase. He twisted the sheet until

his own fingers were sore, then the three nurses dragged the limp body

to the bath-room, heaved him into the tub with his clothes on, and

turned the cold water on him. He was dead by this time, I believe. He

was strangled to death, and the finishing touches were put on when they

had him on the floor. No big, strong, healthy man could have lived under

that awful strangling. Hilliard was weak and feeble."

The above article appeared in the morning _Journal_, a few days after

the original publication in the _New York World_. The other local papers

immediately took up the story, and it is easy to imagine the pitch to

which the public excitement and indignation were aroused. The three

nurses in charge of the pavilion at the time of Hilliard's death were

immediately indicted for manslaughter, and the head nurse, Jesse R.

Davis, was promptly put on trial in the Court of General Sessions,

before Mr. Justice Cowing and a "special jury." The trial lasted three

weeks, and after deliberating five hours upon their verdict, the jury

acquitted the prisoner.

The intense interest taken in the case, not only by the public, but by

the medical profession, was increased by the fact that for the first

time in the criminal courts of this country two inmates of the insane

pavilion, themselves admittedly insane, were called by the prosecution,

and sworn and accepted by the court as witnesses against the prisoner.

One of these witnesses was suffering from a form of insanity known as

paranoia, and the other from general paresis. With the exception of the

two insane witnesses and the medical testimony founded upon the autopsy,

there was no direct evidence on which to convict the prisoner but the

statement of the newspaper reporter, Minnock. He was the one sane

witness called on behalf of the prosecution, who was an eye-witness to

the occurrence, and the issues in the case gradually narrowed down to a

question of veracity between the newspaper reporter and the accused

prisoner, the testimony of each of these witnesses being corroborated or

contradicted on one side or the other by various other witnesses.

If Minnock's testimony was credited by the jury, the prisoner's

contradiction would naturally have no effect whatever, and the public

prejudice, indignation, and excitement ran so high that the jury were

only too ready and willing to accept the newspaper account of the

transaction. The cross-examination of Minnock, therefore, became of the

utmost importance. It was essential that the effect of his testimony

should be broken, and counsel having his cross-examination in charge had

made the most elaborate preparations for the task. Extracts from the

cross-examination are here given as illustrations of many of the

suggestions which have been discussed in previous chapters.

The district attorney in charge of the prosecution was Franklin Pierce,

Esq. In his opening address to the jury he stated that he "did not

believe that ever in the history of the state, or indeed of the country,

had a jury been called upon to decide such an important case as the one

on trial." He continued: "There is no fiction--no 'Hard Cash'--in this

case. The facts here surpass anything that fiction has ever produced.

The witnesses will describe the most terrible treatment that was ever

given to an insane man. No writer of fiction could have put them in a

book. They would appear so improbable and monstrous that his manuscript

would have been rejected as soon as offered to a publisher."

When the reporter, Minnock, stepped to the witness-stand, the court room

was crowded, and yet so intense was the excitement that every word the

witness uttered could be distinctly heard by everybody present. He gave

his evidence in chief clearly and calmly, and with no apparent motive

but to narrate correctly the details of the crime he had seen committed.

Any one unaware of his career would have regarded him as an unusually

clever and apparently honest and courageous man with a keen memory and

with just the slightest touch of gratification at the important position

he was holding in the public eye in consequence of his having unearthed

the atrocities perpetrated in our public hospitals.

His direct evidence was practically a repetition of his newspaper

article already referred to, only much more in detail. After questioning

him for about an hour, the district attorney sat down with a confident

"He is your witness, if you wish to cross-examine him."

No one who has never experienced it can have the slightest appreciation

of the nervous excitement attendant on being called upon to

cross-examine the chief witness in a case involving the life or liberty

of a human being. If Minnock withstood the cross-examination, the nurse

Davis, apparently a most worthy and refined young man who had just

graduated from the Mills Training School for Nurses, and about to be

married to a most estimable young lady, would have to spend at least the

next twenty years of his life at hard labor in state prison.

The first fifteen minutes of the cross-examination were devoted to

showing that the witness was a thoroughly educated man, twenty-five

years of age, a graduate of Saint John's College, Fordham, New York, the

Sacred Heart Academy, the Francis Xavier, the De Lasalle Institution,

and had travelled extensively in Europe and America. The

cross-examination then proceeded:--

_Counsel_ (amiably). "Mr. Minnock, I believe you have written the story

of your life and published it in the _Bridgeport Sunday Herald_ as

recently as last December? I hold the original article in my hand."

_Witness._ "It was not the story of my life."

_Counsel._ "The article is signed by you and purports to be a history of

your life."

_Witness._ "It is an imaginary story dealing with hypnotism. Fiction

partly, but it dealt with facts."

_Counsel._ "That is, you mean to say you mixed fiction and fact in the

history of your life?"

_Witness._ "Yes, sir."

_Counsel._ "In other words, you dressed up facts with fiction to make

them more interesting?"

_Witness._ "Precisely."

_Counsel._ "When in this article you wrote that at the age of twelve you

ran away with a circus, was that dressed up?"

_Witness._ "Yes, sir."

_Counsel._ "It was not true?"

_Witness._ "No, sir."

_Counsel._ "When you said that you continued with this circus for over a

year, and went with it to Belgium, there was a particle of truth in that

because you did, as a matter of fact, go to Belgium, but not with the

circus as a public clown; is that the idea?"

_Witness._ "Yes, sir."

_Counsel._ "So there was some little truth mixed in at this point with

the other matter?"

_Witness._ "Yes, sir."

_Counsel._ "When you wrote that you were introduced in Belgium, at the

Hospital General, to Charcot, the celebrated Parisian hypnotist, was

there some truth in that?"

_Witness._ "No, sir."

_Counsel._ "You knew that Charcot was one of the originators of

hypnotism in France, didn't you?"

_Witness._ "I knew that he was one of the original hypnotists."

_Counsel._ "How did you come to state in the newspaper history of your

life that you were introduced to Charcot at the Hospital General at

Paris if that was not true?"

_Witness._ "While there I met a Charcot."

_Counsel._ "Oh, I see."

_Witness._ "But not the original Charcot."

_Counsel._ "Which Charcot did you meet?"

_Witness._ "A woman. She was a lady assuming the name of Charcot,

claiming to be Madame Charcot."

_Counsel._ "So that when you wrote in this article that you had met

Charcot, you intended people to understand that it was the celebrated

Professor Charcot, and it was partly true, because there was a woman by

the name of Charcot whom you had really met?"

_Witness._ "Precisely."

_Counsel_ (quietly). "That is to say, there was some truth in it?"

_Witness._ "Yes, sir."

_Counsel._ "When in that article you said that Charcot taught you to

stand pain, was there any truth in that?"

_Witness._ "No."

_Counsel._ "Did you as a matter of fact learn to stand pain?"

_Witness._ "No."

_Counsel._ "When you said in this article that Charcot began by sticking

pins and knives into you little by little, so as to accustom you to

standing pain, was that all fiction?"

_Witness._ "Yes, sir."

_Counsel._ "When you wrote that Charcot taught you to reduce your

respirations to two a minute, so as to make your body insensible to

pain, was that fiction?"

_Witness._ "Purely imagination."

_Court_ (interrupting). "Counsellor, I will not allow you to go further

in this line of inquiry. The witness himself says his article was almost

entirely fiction, some of it founded upon fact. I will allow you the

greatest latitude in a proper way, but not in this direction."

_Counsel._ "Your Honor does not catch the point."

_Court._ "I do not think I do."

_Counsel._ "This prosecution was started by a newspaper article written

by the witness, and published in the morning _Journal_. It is the claim

of the defence that the newspaper article was a mixture of fact and

fiction, mostly fiction. The witness has already admitted that the

history of his life, published but a few months ago, and written and

signed by himself and sold as a history of his life, was a mixture of

fact and fiction, mostly fiction. Would it not be instructive to the

jury to learn from the lips of the witness himself how far he dressed up

the pretended history of his own life, that they may draw from it some

inference as to how far he has likewise dressed up the article which was

the origin of this prosecution?"

_Court._ "I shall grant you the greatest latitude in examination of the

witness in regard to the newspaper article which he published in regard

to this case, but I exclude all questions relating to the witness's

newspaper history of his own life."

_Counsel._ "Did you not have yourself photographed and published in the

newspapers in connection with the history of your life, with your mouth

and lips and ears sewed up, while you were insensible to pain?"

_Court._ "Question excluded."

_Counsel._ "Did you not publish a picture of yourself in connection with

the pretended history of your life, representing yourself upon a cross,

spiked hand and foot, but insensible to pain, in consequence of the

instruction you had received from Professor Charcot?"

_Court._ "Question excluded."

_Counsel._ "I offer these pictures and articles in evidence."

_Court_ (roughly). "Excluded."

_Counsel._ "In the article you published in the _New York Journal_,

wherein you described the occurrences in the present case, which you

have just now related upon the witness-stand, did you there have

yourself represented as in the position of the insane patient, with a

sheet twisted around your neck, and held by the hands of the hospital

nurse who was strangling you to death?"

_Witness._ "I wrote the article, but I did not pose for the picture. The

picture was posed for by some one else who looked like me."

_Counsel_ (stepping up to the witness and handing him the newspaper

article). "Are not these words under your picture, 'This is how I saw it

done, Thomas J. Minnock,' a facsimile of your handwriting?"

_Witness._ "Yes, sir, it is my handwriting."

_Counsel._ "Referring to the history of your life again how many

imaginary articles on the subject have you written for the newspapers

throughout the country?"

_Witness._ "One."

_Counsel._ "You have put several articles in New York papers, have you

not?"

_Witness._ "It was only the original story. It has since been redressed,

that's all."

_Counsel._ "Each time you signed the article and sold it to the

newspaper for money, did you not?"

_Court._ "Excluded."

_Counsel_ (with a sudden change of manner, and in a loud voice, turning

to the audience). "Is the chief of police of Bridgeport, Connecticut, in

the court room? (Turning to the witness.) Mr. Minnock, do you know this

gentleman?"

_Witness._ "I do."

_Counsel._ "Tell the jury when you first made his acquaintance."

_Witness._ "It was when I was arrested in the Atlantic Hotel, in

Bridgeport, Connecticut, with my wife."

_Counsel._ "Was she your wife at the time?"

_Witness._ "Yes, sir."

_Counsel._ "She was but sixteen years old?"

_Witness._ "Seventeen, I guess."

_Counsel._ "You were arrested on the ground that you were trying to drug

this sixteen-year-old girl and kidnap her to New York. Do you deny it?"

_Witness_ (doggedly). "I was arrested."

_Counsel_ (sharply). "You know the cause of the arrest to be as I have

stated? Answer yes or no!"

_Witness_ (hesitating). "Yes, sir."

_Counsel._ "You were permitted by the prosecuting attorney, F. A.

Bartlett, to be discharged without trial on your promise to leave the

state, were you not?"

_Witness._ "I don't remember anything of that."

_Counsel._ "Do you deny it?"

_Witness._ "I do."

_Counsel._ "Did you have another young man with you upon that occasion?"

_Witness._ "I did. A college chum."

_Counsel._ "Was he also married to this sixteen-year-old girl?"

_Witness_ (no answer).

_Counsel_ (pointedly at witness). "Was he married to this girl also?"

_Witness._ "Why, no."

_Counsel._ "You say you were married to her. Give me the date of your

marriage."

_Witness_ (hesitating). "I don't remember the date."

_Counsel._ "How many years ago was it?"

_Witness._ "I don't remember."

_Counsel._ "How many years ago was it?"

_Witness._ "I couldn't say."

_Counsel._ "What is your best memory as to how many years ago it was?"

_Witness._ "I can't recollect."

_Counsel._ "Try to recollect about when you were married."

_Witness._ "I was married twice, civil marriage and church marriage."

_Counsel._ "I am talking about Miss Sadie Cook. When were you married to

Sadie Cook, and where is the marriage recorded?"

_Witness._ "I tell you I don't remember."

_Counsel._ "Try."

_Witness._ "It might be five or six or seven or ten years ago."

_Counsel._ "Then you cannot tell within five years of the time when you

were married, and you are now only twenty-five years old?"

_Witness._ "I cannot."

_Counsel._ "Were you married at fifteen years of age?"

_Witness._ "I don't think I was."

_Counsel._ "You know, do you not, that your marriage was several years

after this arrest in Bridgeport that I have been speaking to you about?"

_Witness._ "I know nothing of the kind."

_Counsel_ (resolutely). "Do you deny it?"

_Witness_ (hesitating). "Well, no, I do not deny it."

_Counsel._ "I hand you now what purports to be the certificate of your

marriage, three years ago. Is the date correct?"

_Witness._ "I never saw it before."

_Counsel._ "Does the certificate correctly state the time and place and

circumstances of your marriage?"

_Witness._ "I refuse to answer the question on the ground that it would

incriminate my wife."

The theory on which the defence was being made was that the witness,

Minnock, had manufactured the story which he had printed in the paper,

and later swore to before the grand jury and at the trial. The effort in

his cross-examination was to show that he was the kind of man who would

manufacture such a story and sell it to the newspapers, and afterward,

when compelled to do so, swear to it in court.

Counsel next called the witness's attention to many facts tending to

show that he had been an eye-witness to adultery in divorce cases, and

on both sides of them, first on one side, then on the other, in the same

case, and that he had been at one time a private detective. Men whom he

had robbed and blackmailed and cheated at cards were called from the

audience, one after another, and he was confronted with questions

referring to these charges, all of which he denied in the presence of

his accusers. The presiding judge having stated to the counsel in the

hearing of the witness that although he allowed the witness to be

brought face to face with his alleged accusers, yet he would allow no

contradictions of the witness on these collateral matters. Minnock's

former defiant demeanor immediately returned.

The next interrogatories put to the witness developed the fact that,

feigning insanity, he had allowed himself to be taken to Bellevue with

the hope of being transferred to Ward's Island, with the intention of

finally being discharged as cured, and then writing sensational

newspaper articles regarding what he had seen while an inmate of the

public insane asylums; that in Bellevue Hospital he had been detected as

a malingerer by one of the attending physicians, Dr. Fitch, and had

been taken before a police magistrate where he had stated in open court

that he had found everything in Bellevue "far better than he had

expected to find it," and that he had "no complaint to make and nothing

to criticise."

The witness's mind was then taken from the main subject by questions

concerning the various conversations had with the different nurses while

in the asylum, all of which conversations he denied. The interrogatories

were put in such a way as to admit of a "yes" or "no" answer only.

Gradually coming nearer to the point desired to be made, the following

questions were asked:--

_Counsel._ "Did the nurse Gordon ask you why you were willing to submit

to confinement as an insane patient, and did you reply that you were a

newspaper man and under contract with a Sunday paper to write up the

methods of the asylum, but that the paper had repudiated the contract?"

_Witness._ "No."

_Counsel._ "Or words to that effect?"

_Witness._ "No."

Counsel. "I am referring to a time subsequent to your discharge from the

asylum, and after you had returned to take away your belongings. Did

you, at that time, tell the nurse Gordon that you had expected to be

able to write an article for which you could get $140?"

_Witness._ "I did not."

_Counsel._ "Did the nurse say to you, 'You got fooled this time, didn't

you?' And did you reply, 'Yes, but I will try to write up something and

see if I can't get square with them!'"

_Witness._ "I have no memory of it."

_Counsel._ "Or words to that effect?"

_Witness._ "I did not."

All that preceded had served only as a veiled introduction to the next

important question.

_Counsel_ (quietly). "At that time, as a matter of fact, did you know

anything you could write about when you got back to the _Herald_

office?"

_Witness._ "_I knew there was nothing to write._"

_Counsel._ "Did you know at that time, or have any idea, what you would

write when you got out?"

_Witness._ "Did I at that time know? _Why, I knew there was nothing to

write._"

_Counsel_ (walking forward and pointing excitedly at the witness).

"Although you had seen a man choked to death with a sheet on Wednesday

night, you knew on Friday morning that there was nothing you could write

about?"

_Witness_ (hesitating). "I didn't know they had killed the man."

_Counsel._ "Although you had seen the patient fall unconscious several

times to the floor after having been choked with the sheet twisted

around his neck, you knew there was nothing to write about?"

_Witness._ "I knew it was my duty to go and see the charity commissioner

and tell him about that."

_Counsel._ "But you were a newspaper reporter in the asylum, for the

purpose of writing up an article. Do you want to take back what you said

a moment ago--that you knew there was nothing to write about?"

_Witness._ "Certainly not. I did not know the man was dead."

_Counsel._ "Did you not testify that the morning after you had seen the

patient choked into unconsciousness, you heard the nurse call up the

morgue to inquire if the autopsy had been made?"

_Witness_ (sheepishly.) "Well, the story that I had the contract for

with the _Herald_ was cancelled."

_Counsel._ "Is it not a fact that within four hours of the time you were

finally discharged from the hospital on Saturday afternoon, you read the

newspaper account of the autopsy, and then immediately wrote your story

of having seen this patient strangled to death and offered it for sale

to the _New York World_?"

_Witness._ "That is right; yes, sir."

_Counsel._ "You say you knew it was your duty to go to the charity

commissioner and tell him what you had seen. Did you go to him?"

_Witness._ "No, not after I found out through reading the autopsy that

the man was killed."

_Counsel._ "Instead, you went to the _World_, and offered them the story

in which you describe the way Hilliard was killed?"

_Witness._ "Yes."

_Counsel._ "And you did this within three or four hours of the time you

read the newspaper account of the autopsy?"

_Witness._ "Yes."

_Counsel._ "The editors of the _World_ refused your story unless you

would put it in the form of an affidavit, did they not?"

_Witness._ "Yes."

_Counsel._ "Did you put it in the form of an affidavit?"

_Witness._ "Yes."

_Counsel._ "And that was the very night that you were discharged from

the hospital?"

_Witness._ "Yes."

_Counsel._ "Every occurrence was then fresh in your mind, was it not?"

_Witness_ (hesitating). "What?"

_Counsel._ "Were the occurrences of the hospital fresh in your mind at

the time?"

_Witness._ "Well, not any fresher then than they are now."

_Counsel._ "As fresh as now?"

_Witness._ "Yes, sir."

_Counsel_ (pausing, looking among his papers, selecting one and walking

up to the witness, handing it to him). "Take this affidavit, made that

Friday night, and sold to the _World_; show me where there is a word in

it about Davis having strangled the Frenchman with a sheet, the way you

have described it here to-day to this jury."

_Witness_ (refusing paper). "No, I don't think that it is there. It is

not necessary for me to look it over."

_Counsel_ (shouting). "Don't _think_! You know that it is not there, do

you not?"

_Witness_ (nervously). "Yes, sir; it is not there."

_Counsel._ "Had you forgotten it when you made that affidavit?"

_Witness._ "Yes, sir."

_Counsel_ (loudly). "You had forgotten it, although only three days

before you had seen a man strangled in your presence, with a sheet

twisted around his throat, and had seen him fall lifeless upon the

floor; you had forgotten it when you described the incident and made the

affidavit about it to the _World_?"

_Witness_ (hesitating). "I made two affidavits. I believe that is in the

second affidavit."

_Counsel._ "Answer my questions, Mr. Minnock. Is there any doubt that

you had forgotten it when you made the first affidavit to the _World_?"

_Witness._ "I had forgotten it."

_Counsel_ (abruptly). "When did you recollect?"

_Witness._ "I recollected it when I made the second affidavit before the

coroner."

_Counsel._ "And when did you make that?"

_Witness._ "It was a few days afterward, probably the next day or two."

_Counsel_ (looking among his papers, and again walking up to the

witness). "Please take the coroner's affidavit and point out to the jury

where there is a word about a sheet having been used to strangle this

man."

_Witness_ (refusing paper). "Well, it may not be there."

_Counsel._ "Is it there?"

_Witness_ (still refusing paper). "I don't know."

_Counsel._ "Read it, read it carefully."

_Witness_ (reading). "I don't see anything about it."

_Counsel._ "Had you forgotten it at that time as well?"

_Witness_ (in confusion). "I certainly must have."

_Counsel._ "Do you want this jury to believe that, having witnessed this

horrible scene which you have described, you immediately forgot it, and

on two different occasions when you were narrating under oath what took

place in that hospital, you forgot to mention it?"

_Witness._ "It escaped my memory."

_Counsel._ "You have testified as a witness before in this case, have

you not?"

_Witness._ "Yes, sir."

_Counsel._ "Before the coroner?"

_Witness._ "Yes, sir."

_Counsel._ "But this sheet incident escaped your memory then?"

_Witness._ "It did not."

_Counsel_ (taking in his hands the stenographer's minutes of the

coroner's inquest). "Do you not recollect that you testified for two

hours before the coroner without mentioning the sheet incident, and were

then excused and were absent from the court for several days before you

returned and gave the details of the sheet incident?"

_Witness._ "Yes, sir; that is correct."

_Counsel._ "Why did you not give an account of the sheet incident on the

first day of your testimony?"

_Witness._ "Well, it escaped my memory; I forgot it."

_Counsel._ "Do you recollect, before beginning your testimony before the

coroner, you asked to look at the affidavit that you had made for the

_World_?"

_Witness._ "Yes, I had been sick, and I wanted to refresh my memory."

_Counsel._ "Do you mean that this scene that you have described so

glibly to-day had faded out of your mind then, and you wanted your

affidavit to refresh your recollection?"

_Witness._ "No, it had not faded. I merely wanted to refresh my

recollection."

_Counsel._ "Was it not rather that you had made up the story in your

affidavit, and you wanted the affidavit to refresh your recollection as

to the story you had manufactured?"

_Witness._ "No, sir; that is not true."

The purpose of these questions, and the use made of the answers upon the

argument, is shown by the following extract from the summing up:--

"My point is this, gentlemen of the jury, and it is an unanswerable one

in my judgment, Mr. District Attorney: If Minnock, fresh from the

asylum, forgot this sheet incident when he went to sell his first

newspaper article to the _World_; if he also forgot it when he went to

the coroner two days afterward to make his second affidavit; if he still

forgot it two weeks later when, at the inquest, he testified for two

hours, without mentioning it, and only first recollected it when he was

recalled two days afterward, then there is but one inference to be

drawn, and that is, _that he never saw it, because he could not forget

it if he had ever seen it_! And the important feature is this: he was a

newspaper reporter; he was there, as the district attorney says, 'to

observe what was going on.' He says that he stood by in that part of the

room, pretending to take away the dishes in order to see what was going

on. He was sane, the only sane man there. Now if he did not see it, it

is because it did not take place, and if it did not take place, the

insane men called here as witnesses could not have seen it. Do you see

the point? Can you answer it? Let me put it again. It is not in mortal

mind to believe that this man could have seen such a transaction as he

describes and ever have forgotten it. Forget it when he writes his

article the night he leaves the asylum and sells it to the morning

_World_! Forget it two days afterward when he makes a second important

affidavit! He makes still another statement, and does not mention it,

and even testifies at the coroner's inquest two weeks later, and leaves

it out. Can the human mind draw any other inference from these facts

than that he never saw it--because he could not have forgotten it if he

had ever seen it? If _he_ never saw it, it did not take place. He was on

the spot, sane, and watching everything that went on, _for the very

purpose of reporting it_. Now if this sheet incident did not take place,

the insane men _could not_ have seen it. This disposes not only of

Minnock, but of all the testimony in the People's case. In order to say

by your verdict that that sheet incident took place, you have got to

find something that is contrary to all human experience; that is, that

this man, Minnock, having seen the horrible strangling with the sheet,

as he described, could _possibly_ have immediately forgotten it."

The contents of the two affidavits made to the _World_ and the coroner

were next taken up, and the witness was first asked what the occurrence

really was as he now remembered it. After his answers, his attention was

called to what he said in his affidavits, and upon the differences being

made apparent, he was asked whether what he then swore to, or what he

now swore to, was the actual fact; and if he was now testifying from

what he remembered to have seen, or if he was trying to remember the

facts as he made them up in the affidavit.

_Counsel._ "What was the condition of the Frenchman at supper time? Was

he as gay and chipper as when you said that he had warmed up after he

had been walking around awhile?"

_Witness._ "Yes, sir."

_Counsel._ "But in your affidavit you state that he seemed to be very

feeble at supper. Is that true?"

_Witness._ "Well, yes; he did seem to be feeble."

_Counsel._ "But you said a moment ago that he warmed up and was all

right at supper time."

_Witness._ "Oh, you just led me into that."

_Counsel._ "Well, I won't lead you into anything more. Tell us how he

walked to the table."

_Witness._ "Well, slowly."

_Counsel._ "Do you remember what you said in the affidavit?"

_Witness._ "I certainly do."

_Counsel._ "What did you say?"

_Witness._ "I said he walked in a feeble condition."

_Counsel._ "Are you sure that you said anything in the affidavit about

how he walked at all?"

_Witness._ "I am not sure."

_Counsel._ "The sheet incident, which you have described so graphically,

occurred at what hour on Wednesday afternoon?"

_Witness._ "About six o'clock."

_Counsel._ "Previous to that time, during the afternoon, had there been

any violence shown toward him?"

_Witness._ "Yes; he was shoved down several times by the nurses."

_Counsel._ "You mean they let him fall?"

_Witness._ "Yes, they thought it a very funny thing to let him totter

backward, and to fall down. They then picked him up. His knees seemed to

be kind of muscle-bound, and he tottered back and fell, and they

laughed. This was somewhere around three o'clock in the afternoon."

_Counsel._ "How many times, Mr. Minnock, would you swear that you saw

him fall over backward, and after being picked up by the nurse, let fall

again?"

_Witness._ "Four or five times during the afternoon."

_Counsel._ "And would he always fall backward?"

_Witness._ "Yes, sir; he repeated the operation of tottering backward.

He would totter about five feet, and would lose his balance and would

fall over backward."

The witness was led on to describe in detail this process of holding up

the patient, and allowing him to fall backward, and then picking him up

again, in order to make the contrast more apparent with what he had said

on previous occasions and had evidently forgotten.

_Counsel._ "I now read to you from the stenographer's minutes what you

said on this subject in your sworn testimony given at the coroner's

inquest. You were asked, 'Was there any violence inflicted on Wednesday

before dinner time?' And you answered, 'I didn't see any.' You were then

asked if, up to dinner time at six o'clock on Wednesday night, there had

been any violence; and you answered: 'No, sir; no violence since Tuesday

night. There was nothing happened until Wednesday at supper time,

somewhere about six o'clock.' Now what have you to say as to these

different statements, both given under oath, one given at the coroner's

inquest, and the other given here to-day?"

_Witness._ "Well, what I said about violence may have been omitted by

the coroner's stenographer."

_Counsel._ "But did you swear to the answers that I have just read to

you before the coroner?"

_Witness._ "I may have, and I may not have. I don't know."

_Counsel._ "If you swore before the coroner there was no violence, and

nothing happened until Wednesday after supper, did you mean to say it?"

_Witness._ "I don't remember."

_Counsel._ "After hearing read what you swore to at the coroner's

inquest, do you still maintain the truth of what you have sworn to at

this trial, as to seeing the nurse let the patient fall backward four or

five times, and pick him up and laugh at him?"

_Witness._ "I certainly do."

_Counsel._ "I again read you from the coroner's minutes a question asked

you by the coroner himself. Question by the coroner, 'Did you at any

time while in the office or the large room of the asylum see Hilliard

fall or stumble?' Answer, 'No, sir; I never did.' What have you to say

to that?"

_Witness._ "That is correct."

_Counsel._ "Then what becomes of your statement made to the jury but

fifteen minutes ago, that you saw him totter and fall backward several

times?"

_Witness._ "It was brought out later on before the coroner."

_Counsel._ "Brought out later on! Let me read to you the next question

put to you before the coroner. Question, 'Did you at _any time_ see him

try to walk or run away and fall?' Answer, 'No, I never saw him fall.'

What have you to say to that?"

_Witness._ "Well, I must have put in about the tottering in my

affidavit, and omitted it later before the coroner."

At the beginning of the cross-examination it had been necessary for the

counsel to fight with the Court over nearly every question asked; and

question after question was ruled out. As the examination proceeded,

however, the Court began to change its attitude entirely toward the

witness. The presiding judge constantly frowned on the witness, kept his

eyes riveted upon him, and finally broke out at this juncture: "Let me

caution you, Mr. Minnock, once for all, you are here to answer counsel's

questions. If you can't answer them, say so; and if you can answer them,

do so; and if you have no recollection, say so."

_Witness._ "Well, your Honor, Mr. ---- has been cross-examining me very

severely about my wife, which he has no right to do."

_Court._ "You have no right to bring that up. He has a perfect right to

cross-examine you."

_Witness_ (losing his temper completely). "That man wouldn't dare to ask

me those questions outside. He knows that he is under the protection of

the court, or I would break his neck."

_Court._ "You are making a poor exhibit of yourself. Answer the

questions, sir."

_Counsel._ "You don't seem to have any memory at all about this

transaction. Are you testifying from memory as to what you saw, or

making up as you go along?"

_Witness_ (no answer).

_Counsel._ "Which is it?"

_Witness_ (doggedly). "I am telling what I saw."

_Counsel._ "Well, listen to this then. You said in your affidavit: 'The

blood was all over the floor. It was covered with Hilliard's blood, and

the scrub woman came Tuesday and Wednesday morning, and washed the blood

away.' Is that right?"

_Witness._ "Yes, sir."

_Counsel._ "Why, I understood you to say that you didn't get up

Wednesday morning until noon. How could you see the scrub woman wash the

blood away?"

_Witness._ "They were at the farther end of the hall. They washed the

whole pavilion. I didn't see them Wednesday morning; it was Tuesday

morning I saw them scrubbing."

_Counsel._ "You seem to have forgotten that Hilliard, the deceased, did

not arrive at the pavilion until Tuesday afternoon at four o'clock. What

have you to say to that?"

_Witness._ "Well, there were other people who got beatings besides him."

_Counsel._ "Then that is what you meant to refer to in your affidavit,

when speaking of Hilliard's blood upon the floor. You meant beatings of

other people?"

_Witness._ "Yes sir--on Tuesday."

The witness was then forced to testify to minor details, which, within

the knowledge of the defence, could be contradicted by a dozen

disinterested witnesses. Such, for instance, as hearing the nurse Davis

call up the morgue, the morning after Hilliard was killed, at least a

dozen times on the telephone, and anxiously inquire what had been

disclosed by the autopsy; whereas, in fact, there was no direct

telephonic communication whatever between the morgue and the insane

pavilion; and the morgue attendants were prepared to swear that no one

had called them up concerning the Hilliard autopsy, and that there were

no inquiries from any source. The witness was next made to testify

affirmatively to minor facts that could be, and were afterward,

contradicted by Dr. Wildman, by Dr. Moore, by Dr. Fitch, by Justice

Hogman, by night nurses Clancy and Gordon, by Mr. Dwyer, Mr. Hayes, Mr.

Fayne, by Gleason the registrar, by Spencer the electrician, by Jackson

the janitor, and by several of the state's own witnesses who were to be

called later.

By this time the witness had begun to flounder helplessly. He

contradicted himself constantly, became red and pale by turns, hesitated

before each answer, at times corrected his answers, at others was silent

and made no answer at all. At the expiration of four hours he left the

witness-stand a thoroughly discredited, haggard, and wretched object.

The court ordered him to return the following day, but he never was seen

again at the trial.

A week later, his foster-mother, when called to the witness-chair by the

defence, handed to the judge a letter received that morning from her

son, who was in Philadelphia (which, however, was not allowed to be

shown to the jury) in which he wrote that he had shaken from his feet

the dust of New York forever, and would never return; that he felt he

had been ruined, and would be arrested for perjury if he came back, and

requested money that he might travel far into the West and commence life

anew. It was altogether the most tragic incident in the experience of

the writer.

The Art of Cross-Examination With the Cross-Examinations of Important Witnesses in Some Celebrated Cases · 第 13 / 15 章