learn that this piece of surgery upon which his
reputation was based was in reality a case of malpractice meant ruin. To
have his married life disturbed by the appearance of a wronged woman
meant destruction to his domestic happiness, so he planned that the
poison should be sent to wipe out this family on the eve of his wedding
and before any damage had been done him in either of these directions.
You must confess it was a skillful job. Only one piece of poisoned fruit
in the box, and that so arranged as not to disturb its contents. Whether
mother or daughter got this piece of candied fruit first, the other was
doomed, for a kiss from those dying lips would have conveyed a like
fate, so powerful was this solution. The only thing that thwarted his
nefarious purpose to kill them both was the absence of the child, who
was in the country, a fact entirely unknown to Dr. Earl."
This and much more of like import furnished the closing portion of his
statement to the jury, and when he finished it was apparent that his
recital had made a deep impression upon every person in the courtroom.
The atmosphere was charged with serious import to Dr. Earl.
His sister had moved closer to him and was holding his hand. Her husband
came nearer, and Frank turned and gave him a reassuring glance. His
expressive face showed deep concern rather than worry.
As soon as the district attorney resumed his seat Silvia arose and
deathlike stillness fell upon the courtroom. "With your permission, your
honor, I will reserve my statement of defense until the State has closed
its case."
"Certainly, that is your privilege," replied the Judge.
Then there was a buzz of excited whispering. "What does it mean?" "Is
she afraid to state her defense after that terrific arraignment of the
defendant?" "Oh, there comes in the timidity of woman!" said an old and
skilled criminal lawyer. "Does she not realize that it is a fatal
evidence of weakness not to state a defense at the opening of the
trial?"
But the district attorney had called his first witness and the bailiff
rapped loudly for order. For three days the State put witness after
witness on the stand and by expert medical testimony, by toxicologists,
by direct and inferential testimony, the district attorney more than
proved the case which he had outlined to the jury.
That the child was probably permanently crippled from tuberculosis of
the knee and that the tuberculosis resulted from faulty surgery
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