THE CROSS-EXAMINATION OF DR. ———
determination to strike quickly and to sit down if he got in one telling blow. The first one missed aim a little, but the second brought a peal of laughter from the jury and the audience, and the witness retired in great confusion. Even the lawyers for the defence seemed to lose heart, and although two hours before time of adjournment, begged the court for a recess till the following day.
Counsel (quietly). "Do you wish the jury to understand, doctor, that Miss Helen Potts did not die of morphine poisoning?"
Witness. "I do not swear to that."
Counsel. "What did she die of?"
Witness. "I don't swear what she died of."
Counsel. "I understood you to say that in your opinion the symptoms of morphine could not be sworn to with positiveness. Is that correct?"
Witness. "I don't think they can, with positiveness."
Counsel. "Do you wish to go out to the world as saying that you have never diagnosed a case of morphine poisoning excepting when you had an autopsy to exclude kidney disease?"
Witness. "I do not. I have not said so."
Counsel. "Then you have diagnosed a case on the symptoms alone, yes? or no? I want a categorical answer."
Witness (sparring). "I would refuse to answer that question categorically; the word 'diagnosed' is used
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