The cross-examination of Dr. McBrain was very long and searching; but it
did not materially affect the substance of his testimony. On the
contrary, it rather strengthened it; since he had it in his power to
explain himself more fully under the interrogatories of Williams, than
he could do in an examination in chief. Still, he could go no farther
than give his strong belief; declining to pronounce positively on the
sex of either individual, in the state in which the remains were found.
Although nothing positive was obtained from this testimony, the minds of
the jurors were pointedly directed to the circumstance of the sudden and
unexplained disappearance of the German woman; thus making an opening
for the admission of a serious doubt connected with the fate of that
person.
It was a sad thing to reflect that, beyond this testimony of McBrain,
there was little other direct evidence to offer in behalf of the
accused. It is true, the insufficiency of that which had been produced
by the prosecution might avail her much; and on this Dunscomb saw that
his hopes of an acquittal must depend; but he could not refrain from
regretting, and that bitterly, that the unmoved resolution of his client
not to let her past life be known, must so much weaken his case, were
she innocent, and so much fortify that of the prosecution, under the
contrary supposition. Another physician or two were examined to sustain
McBrain; but, after all, the condition of the remains was such as to
render any testimony questionable. One witness went so far as to say, it
is true, that he thought he could distinguish certain unerring signs of
the sex in the length of the lower limbs, and in other similar proof;
but even McBrain was forced to admit that such distinctions were very
vague and unsatisfactory. His own opinion was formed more from the size
of the bones, generally, than from any other proof. In general, there
was little difficulty in speaking of the sex of the subject, when the
skeleton was entire and well preserved, and particularly when the teeth
furnished some clue to the age; but, in this particular case, as has
already been stated, there could be no such thing as absolute certainty.
It was with a heavy heart, and with many an anxious glance cast towards
the door, in the hope of seeing Michael Millington enter, that Dunscomb
admitted the prisoner had no further testimony to offer. He had spun out
the little he did possess, in order to give it an appearance of
importance which it did not actually bring with it, and to divert the
minds of the jurors from the impression they had probably obtained, of
the remains necessarily being those of Goodwin and his wife.
Public-domain text, read in full here on John Shaqi.
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