son, "is not our witness. He is
not named in the indictment. There is no reason, however, why the
defence should not call him if they wish him."

"Upon what ground, Mr. Dudley," asked the Recorder, "do you make this
motion?"

"Upon the ground, sir, that Dr. Fisher is an important witness to
material facts connected with the demise of Miss Sloane. He was the
senior attending physician, whilst Dr. Meredith had only been called
in consultation. The prosecution have called Dr. Meredith, recognizing
that as an attending physician his knowledge of the facts is material
to the cause at issue. We claim that the testimony of Dr. Fisher, the
other physician in attendance, and present at the death-bed, is
equally material, and that the prosecution have no right to choose
between the two men, selecting one as their witness, and rejecting the
other. The fact that they have done so, would warrant the imputation
that the prosecution are seeking for a conviction of our client,
rather than looking for justice, in a thorough sifting of all
available facts. I am sure that the honorable council on the other
side will be only too glad to avoid such an imputation in the public
mind, now that their attention has been called to the omission."

"Counsel is very generous," said Mr. Munson, with much sarcasm. "His
solicitude for the reputation of the district attorney's office is
very touching, but at the same time entirely misplaced. In this
matter, those who have charge of the case of the commonwealth, feel
that they can safely permit the conduct of this case to meet the most
searching criticism. We decline to call Dr. Fisher, unless ordered to
do so by the court."

"Then we move that the court so order," snapped back Mr. Dudley.

"It certainly seems to me," said the Recorder, "that the testimony of
this physician is very material, and that he should have been included
among the witnesses for the people. Have you any arguments against
this view, Mr. Munson?"

"Only this, your Honor, that it was considered that the testimony of
one witness would suffice. The selection was made without regard to
known opinion, for none had been expressed prior to the issuance of a
subpoena calling Dr. Meredith into the case. We decided to have but
one witness, merely to save unnecessary costs. Now so far as this
motion is concerned, we maintain that it comes too late. Counsel was
served with a copy of the indictment, which contained a list of our
witnesse