The Superior Criminal Court room at Cambridge was crowded at both sessions yesterday by spectators eager to hear the evidence against Trefethen and smith, charged with the murder of Tena Davis.
A majority of the seats outside the bar enclosure were taken by women and girls, who eyed the defendants curiously and listened intently to the proceedings of the day.
The prisoners were, as usual, calm and collected in manner. They did not seem to be much depressed by the previous day's developments, and eyed the jury at all times in a frank and confident manner.
The distinguished chief justice seated himself with an air of enterprise and a manifest desire for business.
Justice Blodgett eyed the jury in his dignitied(sic) manner and then closed his eyes as if he would have been glad of another hour's sleep.
Justice Hammond sat on his chief's left in the least desirable position on the bench.
Mr. Cooney, the district attorney, began his examination of the first witness, Capt. Robert A. Perry of the Somerville police, and Justice Hammond used his right hand for an ear trumpet until he was obliged to demand louder and clearer speech from both.
Attorney-General Pillsbury was promptly at his desk, where he sat most of the day listening intently to the evidence and occasionally suggesting a question to Mr. Cooney, who conducted the examination in each instance for the State.
Ex-Gov. Long, as heretofore, cross-examined all witnesses, Mr. Coggan being constantly occupied in taking notes.
Following is a brief resume of the day's proceedings:
Capt. Perry testified, as a practical boatman, about the ebb and flow of tides in the Mystic at or near the Wellington bridge. His evidence tended to prove that Tena's body and hat would have floated in the general direction they took if the dead girl had been thrown into the water at the time the government declares.
Charles L. Davis, brother of the deceased, briefly testified that he identified the body found as that of his sister.
Undertaker George W. Nichols followed, stating what he knew as to the time and place of the autopsy, and the disposition made of the body.
After other unimportant testimony by Patrick H. Gray, who found Tena's hat, and Charles J. Mills, the civil engineer, the medical testimony in the case was begun.
Medical Examiner Thomas H. Durell of Somerville first took the stand. His evidence, which was corroborated by Medical Examiner Frank A. Harris of Boston and Medical Examiner Swan of Cambridge, was important.
Death was Due to Drowning.
and the victim was in a delicate condition. There were no indications of violence, but it was certain the girl was alive when she entered the water.
Dr. Durell said under cross-examination that his evidence was entirely consistent with the theory that Tena had thrown herself into the water and committed suicide.
Dr. Edward S. Wood, the well-known professor of chemistry in the Harvard medical school, was the next witness. He testified that he had examined the stomach of the victim, and that the contents found were in a state of digestion that would ordinarily indicate that about three hours had elapsed since the food was partaken of. In other words, that if Tena ate her supper at 5, it was not inconsistent to presume that she might have gone into the water about 8 o'clock.
Prof. Wood testified that he found no trace of poison.
He also testified as to the similarity of a hair submitted to him as having been found on the seat of Trefethen's buggy with a lock of hair said to be the victim's.
Prof. Wood, however, agreed with Mr. Long that the hair might have come from any other head, the hair of which was the same color.
Prof. William D. Hills of the Harvard medical school also testified that he saw the hair and that he agreed fully with Dr. Wood.
Dr. Harris in his testimony added the fact that the deceased was muscular and apparently of decided physical strength in life.
The defence in cross-examination did not draw forth from the medical witnesses a fact to which it is understood all will testify when later called to the stand.
A very material part of the government's case is to show that death took place in about three hours after Tena had supper. This is necessary to prove that she did not mail the letters that the defence alleges she or some other person besides the defendants, wrote to Mrs. Davis, senior, and to Trefethen, announcing her intended suicide, which were mailed later in the night, in Charlestown.
The government depended on Prof. Wood to fix this time, which he has done so far as he is able.
But there is another phase of the matter to be later considered.
Prof. Wood's statement was founded on the theory that as soon as food was eaten the process of digestion was commenced and that it progressed without interruption until death ensued.
In that event his statement of “About three hours” is said to be unquestionably correct.
On the other hand it is learned that Drs. Durell, Harris, Swan and Profs. Wood and Hills agree that it is commonly known in medicine that excitement or similar causes, either physical or mental, will produce irregularity in
The Digestive Organs,
so that food that has lain six or more hours in the stomach will have the appearance of having been consumed but three, and perhaps less time.
In short, THE GLOBE is informed that when again called to the stand none of the medical gentlemen will attempt to estimate in the individual case of Tena Davis the actual time between eating her last food and the hour of her death.
This will infinitely strengthen the defence in their position.
Following the medical evidence came the testimony of the police.
Chief Emmerton told his story in easy conversational tones, and his evidence showed that Trefethen was decidedly mixed in his first stories.
He was fully corroborated by Sergt. Hewitt and by Deputy Chief Sullivan, who doubted the accuracy of the official stenographer in the lower court, who he said quoted him wrongly.
State Officer Whitney followed. His testimony was the feature of the afternoon. He spoke in a clear voice, and held the attention of the jury from first to last. Like the other officers, his evidence was a recital of interviews with the prisoners before and after their arrest, and what they said and did.
Except to prove that Trefethen and Smith varied in the stories they told, there was nothing of radical importance developed.
Another lady was also on the stand who knew Tena Davis and positively saw her on the corner of Broadway and Ferry sts. a little before 7 o'clock on the evening of her disappearance. She seemed to be standing alone waiting for somebody, although not alone, as two persons—a man and a woman—stood near her.
A horse car driver was also called, who remembered seeing a man and a woman on Malden bridge the night of Dec. 22 about 9 o'clock. He could not, however, describe the woman, except to say she was small, and he could not identify either of the defendants as the man he saw.
Unless there is an unexpected battle between counsel and experts on handwriting, who will occupy the witness box today, it is probable the government will rest by Friday, at the latest.
TESTIMONY IN DETAIL
Tena's Hat and Hair Referred to by Several Witnesses.
The prisoners were brought into court just before 9o'clock, handcuffed together.
Trefethen's countenance gave indications of apparently recent weeping, while Smith seemed to feel much easier in his mind than he did on the opening day.
When Judges Mason, Blodgett and Hammond had taken their places on the bench, and the members of the jury, who had been given a morning airing, and a walk of about three miles through Cambridgeport, had answered to their names, the hearing of the case was resumed.
The first witness was Robert R. Perry, who testified as follows:
‘I am captain of police in Somerville, and have been for 30 years familiar with the Mystic river and its currents.
“A body thrown into the Mystic river at the Wellington side of the bridge, with an ebb tide, would float down the river to the creek. A hat would float the same way.
“Above the bridge until it would get about 700 feet, it would float on the Medford side, and then it would get into the channel. If a hat were thrown in farther up the river, it would float in the middle of