DR J W HURT, Sworn In For The State, 30th To Testify

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DR. J. W. HURT, sworn for the state.

I am County Physician. I saw the body of Mary Phagan on Sunday

morning, the 27th of April. She had a scalp wound on the left side of her

head about 2 and 1/2 inches long, about 4 inches from the top to the left ear through the scalp to the skull. She had a black contused eye. A number of small minor scratches on the face. The tongue was protruding about a half an inch through the teeth. There was a wound on the left knee, about 2 inches below the knee. There were some superficial scratches on the left and right elbow. There was a cord around the neck and this cord was imbedded into the skin and in my opinion she died from strangulation. This cord (Exhibit "C" for State) looks like the cord that was

around her neck. There was swelling on the neck. In my opinion the

cord was put on before death. The wound on the back of the head seemed

to have been made with a blunt-edged instrument and the blow from

down upward. The scalp wound was made before death. It was calculated

to produce unconsciousness. The black eye appeared to have been

made by some soft instrument in that the skin was not broken. I think

the scratches on the face were made after death. I examined the hymen.

It was not intact. There was blood on the drawers. I discovered no violence to the parts. There was blood on the parts. I didn't know whether

it was fresh blood or menstrual blood. The vagina was a little larger

than the normal size of a girl of that age. It is my opinion that this enlargement of the vagina could have been produced by penetration immediately preceding death. She had a normal virgin uterus. She was not pregnant. I made no examination of the blood vessels of the uterus or

womb.

CROSS EXAMINATION.

The body looked as if it had been dragged through dirt and cinders.

It is my impression that she was dragged face forward. If she had fallen

on the corner of the floor that was sharp edged, or the corner of an elevator

shaft with an edge, it might have produced the wound. I do not know

of the kind of instrument that produced the wound. There was no contusion

on the inside of the skull, but the skull wasn't fractured. Neither

the brain nor the meningis were affected. There was a little contusion on the inner lining of the skull. There was no bleeding on the brain tissues. I don't know whether it would produce unconsciousness or not. I was never asked before to examine the inside of anybody's skull to determine the fact whether death or unconsciousness resulted from the wound. It is my impression that this lick did produce unconsciousness, but I won't swear it, I don't know. The hemorrhage which we discovered in the skull caused no pressure on the brain. That was no sign that unconsciousness resulted. When a person is strangled to death the lungs ought to show congestion. I never examined this girl's lungs. When I saw the body on April 27th I gave it as my opinion that she had been dead from 16 to 20 hours at 9 o'clock Sunday morning. Rigor mortis was complete. It is a very variable thing. I couldn't tell whether the blood on her underclothes was menstrual blood or not. The hymen was not intact, and I was not able to say when this hymen was ruptured. I saw no indication of an injury to the hymen. The appearance of the blood on the parts was characteristic of a menstrual flow. There was no laceration on the vagina, and no mutilation on this girl's body except those wounds on the face, head and legs. The size of the vagina is no indication of anything except the anatomy and the natural build of the person. It is no indication of rape. I found no outward signs of rape. I have formed no opinion whether this little girl was raped or had ever had intercourse with anybody.

There was no external marks of violence. I told Colonel Rosser at

the Coroner's inquest that this little girl had her monthly period on, but

I got that from somebody else. I did not conclude that from my examination. The monthly period causes some inflammation and congestion in the blood vessels of the ovaries and uterus. The vagina itself might have some different appearance. I was present when Dr. Harris made the post mortem examination of this girl. Cabbage is digested better by some people than others. It depends on the individual very much. It is considered hard to digest. It depends largely on mastication. You can

chew up so thoroughly that it would go down into the stomach almost a

liquid, but it would not be digested until the stomach took up that chewed

mass. It would take a much longer time to digest and assimilate unmasticated cabbage than if it had been thoroughly chewed. It takes about 31/2 hours to digest cabbage properly masticated, and it would take longer if the cabbage had been taken into the stomach actually or practically whole. Digestion continues partially in unconsciousness. It is a

guess to say whether the girl was conscious or not. I would not undertake

to give an opinion how long she remained unconscious. I would not

undertake to give an opinion and don't know of any way of telling ten

days after death how long a distended condition of the vagina existed

before death.

RE-DIRECT EXAMINATION.

I could not detect the hymen from a digital and occular examination.

Ordinary normal menses would produce a dilation of the blood vessels in

the womb. The blood, flowing over the hymen I think would produce a

little inflammation at the hymen, but if the hymen was broken down, I

don't know that menstruation would have any affect upon the hymen. If

the menstruation was about off, then I would say that any undue excitement might produce the flow again, or increase the flow that was already there. The contents of this bottle (Exhibit "G," State) didn't stay in

the stomach very long.

RE-CROSS EXAMINATION.

I wouldn't undertake to say how long that cabbage (Exhibit "G,"State) had been in the child's stomach. A blow on the back of the head might blacken one or both eyes.

RE-DIRECT EXAMINATION.

I think excitement could produce flow from the uterus. I don't think

it would cause any discoloration of the walls of the vagina, except from

the blood.