An Open Verdict: Byrne and Asimov Genealogy and Family Histories

Source Information

Title	An Open Verdict
Date	7 Jun 1888
Locality	Newspapers.com
Page	1
Periodical	Brooklyn Daily Times
Place	Brooklyn, Kings, NY USA
Source Type	Newspaper
URL	https://www.newspapers.com/article/the-brooklyn-daily-times-titus-baby-deat/163772936/
Source ID	S1465
Text	AN OPEN VERDICT. The Titus Baby Died From Causes Unknown. SO THE CORONER'S JURY SAY. They Couldn't Reconcile the Expert Testimony. THE DOCTORS DIFFERED. Dr. Zabriskie Re-examined and Deposition Read from the Mother of the Child -The Testimony Has Been Sent to the District Attorney, but This is Probably the Last of the Case. The inquest concerning the death of the male child of Mr. and Mrs. Jacob W. Titus, of Glen Cove, Long Island, was continued before Coroner Hall and his jury yesterday afternoon. The first. witness called was Mr. William H. Coles, the father of Mrs. Titus. He affirmed that he had lived in Glen Cove about fifty years. Was present in the house when his daughter gave birth to child. Was in the room twice, once about five or ten minutes, and asked how she was getting along. "I think I spoke to her, but she did not answer me, to best of my knowledge. My wife informed me that my daughter had had a miscar riage. This was about 6:30 A. M. I did not see the child. No part of child was exposed. Was not present in the room at any time when Dr. Zabriskie was present, that is when the child was there. If there was a child there it may have been under the covers at the foot of the bed. My wife told me it was there the first time I visited the room." Dr. William H. Zabriski, the attending physician, and who assisted in the post-mortem, was recalled and testified as follows: " Heard part of Mrs. Coles' testimony. Before the child was born Mrs. Coles asked me two or three times if the child was alive and I told her I thought it was. After delivery the child began to cry and loud enough to be heard in the next room if any one listened. It was a good strong voice. Mrs. Coles took end of quilt and put it over the child's face and said 'Don't let it cry' She had her hand also over the child's mouth, and I asked her what was the matter? I moved her hand away and said, 'Let it cry.' I should think it cried for ten or fifteen minutes so that any one conscious in the room could have heard it. Did not wrap the baby up myself. Mrs. Coles wrapped it up; it was then crying. Testified before that it was a full-timed child. I loosened the cloth about its head, as it was too tight to suit me. Mrs. Coles said she would go down stairs and make a fire and get water to wash the child, and said she knew all about it. The child was breathing perfectly free when I left." In response to an inquiry by one of the jury he said: "I was there when Mr. Titus was there and left him there when I went away. Mr. Titus looked at baby, I think, immediately after birth." Coroner Hall then read deposition of Mrs. Titus, mother of the child, and said she was unable to go out, and that after she bad made her deposition fainted away. The main points were as follows: "Am the daughter of William H. and Maria A. Coles, and wife of Jacob W. Titus, to whom I was married on January 7, 1888. Was taken sick about 12:30 o'clock on Monday, May 21. Did not know at that time that I was about to be confined. Dr. Zabriskie came to see me at about 3:30 A. M.. He did not tell me that I was about to be confined. I did not know what time the baby was born ; was unconscious all of the time, and it was after 11 o'clock before I was conscious, and not until 9 o'clock the next day did I know of the baby being born. Did not see the child at any time. It was not a fully developed child. Had made no preparation for the confinement in the way of making clothes, and did not expect it to be born at this time." The jury then desired to hear some testimony from medical experts, and Dr. William J. Burns was called in, and his testimony was about as follows: "It is impossible to tell whether a person died from forcible strangulation where there are no external marks." In response to the question, "After a post-mortem could a doctor tell if a person was forcibly strangled in the absence of external marks?" he said he could not. He said he did not consider the autopsy made a thorough one that there were rules laid down in medical jurisprudence for conducting autopsies, and' cited Caspar, a noted medical authority, and stated that he was prepared to say, as his own opinion, that these rules had not been followed. He said if the child had died a natural death all the sppearances found at this autopsy could have been present, and could not tell if a person had been forcibly strangled. Cross-examined by Counselor Russell, he said he was 29 years of age, was 8 graduate of Bellevue Hospital, New York. and -had practiced for seren years. Based his evidence only on the evidence he had heard ; was not present at autopsy. If there was anything else discovered at the autopsy not yet revealed, then his theory might be incorrect. In response to an inquiry of Counselor Russell in regard to possible strangulation of the child he replied: "I do not see how a child of that age could be accidentally strangled; and believe that if said child had been strangled it could not have been accidental." Recalled instances to modify that judgment and gave it as his opinion beyond a reasonable doubt that the cause of the child's death was apoplexy; and "in the absence of any testimony of the physicians who made the postmortem I certainly believe the child died a natural death." The death certificate was offered in evidence and was recognized by Dr. Zabriskie, the attending physician. The certificate gave the cause of death as " strangled or smothered." Here ensued a war of words regarding an adjournment at this period. The Coroner was emphatic in his determination that " he intended to finish it at this session if it took all night." An adjournment of one hour was proposed, but the jury finally agreed to hear further testimony from medical experts, and Dr. Fred A. Wright was called to the stand. Counselor Cromwell plied him with the same questions that he did Dr. Burns, and his answers were the same. His evidence occupied but ten minutes. Then Dr. James 8. Cooley was called and Counselor Cromwell asked him these questions, which were the same asked the other two physicians, only they were more brief: Q.- Are all the appearances given by the doctors who made the autopsy indications of death from strangulation or suffocation? A.- They are not. Q.-- Are any of them necessary indications? They are not. Q -- If the child had died a natural death could all the appearances found at the autopsy have been present? A. -They might have been. Q.-- How could you tell whether a child was accidentally or intentionally smothered in the absence of external marks? A. -I could not. Q.-- Is the blood necessarily clotted in cases of strangulation ? A.--No, but, on the contrary, fluid. Q.-- Is it possible to tell from the autopsy, beyond a reasonable doubt, the cause of this child's death? A. -From the evidence of the autopsy I should say yes. Q.--- What, in your opinion, was the cause of the child's death? A.-Probably apoplexy. Q.--In death from strangulation would a body necessarily, as stated by Dr. Watson in his tostimony, present the appearance this child did externally? A.-Not necessarily. Q -- Could you determine whether or not a person died from strangulation without examining the throat? A. -I could not. By a juryman: Might not apoplexy be caused from some external force ? A-1 think it might. By Counselor Cromwell--Is there anything in the evidence here that would justify that conclusion? A.- -There is not. This closed the testimony, and In a very few words Coroner Hall sent the jury to their room to decide upon the verdict. They were out about twenty minutes when they returned and handed in their verdict, which was as follows: That the said male child came to its denth by reason of some cause or causes unknown to this jury, the voluminous testimony of five medical experts being of so conflicting a character as to make it impossible for the jury to reach any other conclusion in the case. James B. Pearsall, foreman; ; Thomas Duffee, Henry T. Durgea, John Mallitor, Martin B. William H. Harrold, Alfred B. Hendrickson, Jacob Zoeller, T. James Wood. Coroner Hall discharged the Jury with thanks and the inquest which has excited Glen Cove for two weeks was at an end. Coroner Hall says he will now forward all the evidence taken to the District Attorney, as is customary in such cases. The verdict is the talk of the village, and one gentleman aptly said to a Times representative: The jury were wise in returning such a good natured verdict. They seem to have excluded all other evidence except the doctors, and it is known they are jealous of each other as a boy of his first pair of boots. Under these circumstances and where there was so much go-as-you-please testimony they are to be congratulated.".
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