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Selected Testimony of Mary Cowan in
Sam Sheppard's
1966 Murder Trial
Q:
What are your duties as a member of the Cuyahoga
County Coroner's office? Q: And have you been engaged
in this work for the past 27
years? Q: Would you give us an
outline of your educational
background, please? A: I was graduated from Q: And when was that? A: In 1935. Q: Did you receive a Degree
from A:
Yes, Bachelor of Science. Q:
Now, have you had occasion to teach with regard to the field that you
are in? A:
Yes, I have. Q:
And where do you teach? A: At Q: Do you teach anywhere else
beside the A: No. Occasional lectures. My
title is Lecturer. in
Legal Medicine to the Department of Pathology, Q: That is your title? A: Yes. Q:
You do have
occasion to lecture at the medical school? Q: Pardon me? A:
And to law students. Q: Can you give us an outline of
your professional affiliations that you have
and organizations? A: I am a member of
the American Chemical Society, a Fellow in the American Association for
the
Advancement of Science, a Fellow in the American Academy of
Forensic Sciences,
a member of the National, State and Local Medical Technology Societies.
Q: Now, have you had occasion to
write papers with regard to the work that you
are engaged in? A:
Yes, sir. Q: Will you tell us briefly some
of those
articles that you have written? A: "Use of
Associated Evidence," which appeared in the Journal of Criminal
Law and
Criminology, and Police Science. Q:
Keep your
voice up. A: I have a little
sore throat, I am sorry. "Trace Evidence Discussion," which appeared
in Postgraduate Medicine. The most recent was "Fundamentals of
Crime Laboratory
Investigations. I am sorry. THE COURT: Would you like some
water, Miss Cowan? THE
WITNESS: I think
it would be a good idea. A:
Which appeared in the American Medical Technology Journal.
I think there are others that I have
forgotten. A:
Yes.
A: Presently, and
for the past 16 years, I have been-my attention has been directed to
most and
now specifically to the trace evidence examinations, which is the
examination
of any material, mark, or sign, that is to say, traces, which will
afford a
means of demonstrating source or identity, activity or use or
association between
persons and objects, or between individuals involved in any type
of incident. This includes
examination conducted at the scene, examination of clothing,
examination of
suspected weapons or materials collected from the scene of the
incident,
examinations of blood stains, hairs, fibers, and evidentiary material. Q:
Previously
you mentioned the word immunology; is that
correct? A:
Yes, sir. Q:
What is
that? A: Immunology is a
science more directly concerned with antibody, antigen reactions,
which are
responsible, for instance, for immunity and disease which people are
most
familiar with. But it includes, also, the reactions of blood
groupings.
Q: Then, immunology simply has to
do with
blood, is that correct? A: More than that, but
specifically my interest has been
in the field of blood grouping. Q: As a medical technologist with
the
County Coroner's office, have you had occasion to work with blood? A:
Yes, sir. Q: How often would you say that
you do this? A:
Well, actually, I
work with it every day, one type or another, either fluid blood being
grouped,
because it is routine in our office, we group blood from homicide
victims and
traffic victims, so that the blood grouping on fluid blood is performed
every
day. The examination of blood stain is frequent and I would say
certainly
several times a week. Q: Several times a week? A: Yes. Q: And you have been engaged in
this type
of work for how long? A: 27 1/.2 years.
That is, with the blood stains at the Coroner's office. Before that at
the
hospital. Q: Now, Miss Cowan, directing
your attention to the month of July in the year
1954, did you have occasion to conduct any investigations in connection
with
this case before this Court and Jury? A:
I did. Q: At that time you were employed
by the
County Coroner's office, is that correct? A:
That's correct. Q: Were you at that time a
medical
technologist with them? A:
Yes, sir. Q: Now, did you have occasion at
that time
to examine the blood of Marilyn Sheppard? A:
I did. Q: And what examination did you
conduct on
that blood? A: I did the blood grouping
for the A-B factors. Q: You will have to tell us what
the A-B
factors are. A: This is the major blood
group of O, A, B and A-B. Q:
In other
words, there are four groups? Q: What are those four groups
again? A: O, A, B and A-B. A:
That's correct.... Q: For the record, State's
Exhibit 24 is
the man's watch. Now, what examination did you first conduct on that
man's
watch? A: As I said, Dr.
Gerber showed these items to me in the box, and apprised me of the fact
that
they had not been examined for fingerprints, and warned me not to
handle them
until I had looked at them which is our routine with blood stained
articles. It was taken to the
laboratory in the box~ each item laid out on the microscope stage,
still in the
cleansing tissue; the cleaning tissue opened up then to reveal the
item. The item was handled
with tweezers, the tips of which were protected with rubber tubing, and
the
watch or other items were examined on all edges with the lights
directed for
any type of pattern imprint. Q:
What do you
mean by pattern imprint? A: An imprint that would be
made from fingerprints or
fabrics, indentations of any type. Q: Did you find any pattern
imprints? A: I did not. Q: Who performed this examination
that you
have just described for us? A:
I performed the examination myself. Mr. Johnson, our photographer, was
present; and also looked through the scope, but the examination was
mine. Q: Did you have occasion to
examine other
articles at that time? A: Yes, sir all of the items
from this box were handled
in the same manner. Q: Referring to State's Exhibit
23, will you tell us whether or not the same
examination was conducted on that? A:
It was. Q: What were your findings with
regard to
State's Exhibit 23? Q: Now, referring to State's
Exhibit 25, can you tell us whether or not any
examination was made with regard to that? A: It was examined
in exactly the same manner. Q: State's Exhibit 25 being the
ring. State's Exhibit 23, being the chain. Did
you find anything on State's Exhibit 25? A: I did not. Q: And can you tell us what
examination if any was made on State's Exhibit 22, a
lady's wristwatch? A: This was examined
similarly. It was presented as you
see it here, in a vial, plastic vial. It was removed from
the vial with the forceps, the tweezers, protected with rubber tips,
and
examined likewise under the
stereomicroscope. Q:
Now, you
indicated an examination of State's Exhibit 24.
Can you tell us what your first observations were of State's Exhibit
24, the
man's watch? A: Well, the first thing that
was noted was the blood
staining that was present on the watch. Q: After noticing the blood
staining on your first observation, did you have
occasion to conduct a further examination, a more detailed examination
of that
watch, State's Exhibit 24? A: In regard to the stain? Q: Yes. A: Yes, the watch was steady
as to the pattern and type
of stain present. Q:
Now, did you have occasion to take any pictures of State's Exhibit 24? A:
Yes. Q:
When were those pictures taken? A: Again, the ones
that were taken in my presence were stereo photographs that were
taken in the
7th by Mr. Johnson in my presence. The watch was photographed first by
Mr.
Johnson immediately after I had examined it under the stereomicroscope;
he took
it to photography and photographed it. Q: And were you present when that
photo
was taken? A:
Not the first photograph that was taken originally. I was present when
the stereo-- Q:
When a
stereo photo was taken, is that correct? A:
That's correct. Q: And do you recall what
portion of the watch the stereo
photo was taken of? A: The stereo photo
was taken of the area below the usual position of the numeral six, and
the
wristband, the first two links of the wristband, the
wristband having 37
links, each one with a groove through the center, so the appearance is
twice as
many-there are 37 links. Q: You indicated there was a
pattern on the watch, is
that correct, on State's Exhibit 24? A: A stained
pattern, yes, across the crystal of the watch there was a thin film
that was
typical of smearing. Around the rim of the watch there was blood in the
crevice, between the crystal and the rim.
On the rim and on the wristband there were numerous
spatter type
staining of large and small drops of varying sizes, some drops
coalescing with
each other, and some drops, fine drops, superimposed on them. The fine spray or spattering type of drops
extending on what I call the medial side of the band that is the part
running
from the watch down this way on the wrist. There were fine tiny stains
to
beyond the link where there is the dent here, and a few even all the
way around
to the middle. Q: Now, you said splatter type
stains;
what do you mean by splatter? A: Spatter type
stain is composed of a spray of blood, of which the original size of a
drop is
broken up by force, and blood moving in a direction will give various
types of
deposits, and most of them will be very small stains. Q:
Now, you
indicated that there was a photo taken, a stereo
photo, is that correct? A:
That's correct. A: It was taken to
demonstrate the presence of a drop superimposed upon another drop. Q: And do you have that photo
with you? A: I do. A:
Yes. MR. SPELLACY: Will you mark this,
please. (State's Exhibit 69 was marked for identification by the
reporter.) Q: Miss Cowan,
showing you what has been marked for identification purposes as State's
Exhibit
69, can you identify that for us, please? A: I can. This is- Q: Keep your voice up, please. A: This is one of
the set of stereo pictures that was taken in my presence, a stereo-may
I show
the other one? Q: Yes, please. A: I have a little difficulty
explaining, I think. Ordinarily a stereo
camera, as with a stereomicroscope, takes two views directed from
different
angles, so again, your two eyes are seeing in stereo. One of these has
been removed and mounted in the single
mount. Q: And for what purpose was it
removed and mounted in a
single mount? A: So that it could
be projected in an ordinary projector. Of course, now it loses the
three dimensional
effect, and you see it only in two dimensions. Q: Referring once
again to State's Exhibit 69, was this a photo that was taken in your
presence? A: It was. Q: And is this a fair and
accurate portrayal of the watch as you saw it when
this photo was taken? A: Of a portion of the watch. Q: Of a portion of the watch;
what portion of the watch
was this taken of? A: This is the medial area
below what would be the normal
position of the numeral six. Q: Could you indicate on
State's Exhibit 24? A: (Indicating.) Q: All right, just below the
number six,
then, is that correct? A: Yes. MR. SPELLACY: If it please the
Court, at this time I would offer into evidence State's Exhibit 69. MR. BAILEY: Your Honor, I don't fully
understand what we have here. This appears to be
half of a stereo. If the witness represents
that it is the same as an ordinary camera would take, forgetting any
stereo
aspects, I would have no objection. I just don't fully
understand what it is supposed to show, or whether it has some
distortion due
to the peculiarities of a stereo camera. THE COURT: May I see counsel? (Thereupon counsel and Court
conferred at the Court's
bench outside the hearing of the Jury.) THE COURT: Please proceed,
counselor. Q: Miss Cowan, referring once
again to State's Exhibit 69, the photo, is what
is depicted here now what you would get if you took this picture with a
regular
camera, rather than a stereo? A: To the best of my
knowledge, yes. I am not a
photographer. Q: At any rate, is this a fair
and accurate representation
of what you saw? A: Yes. MR. SPELLACY: At this time, then,
if it please the Court, I will offer in evidence State's Exhibit 69. MR. BAILEY: No objection, your
Honor. THE COURT: Received. MR. SPELLACY: And request
permission of the Court to show this to the Jury. THE COURT: Permission granted. , (Thereupon the exhibit was shown on the
projection screen.) A: The rim of the
watch is out of focus, because the concentration was on the blood
stain. But
you can see that there are numerous tiny-may I have the pointer? Q:
Yes. A:
That these are discrete stains. Q:
What do you
mean by discrete stains? A: They are isolated
individual stains made by a single
droplet. Q: You referred to a pattern
before, and
what was that pattern? A: The pattern was a
spatter pattern, which is composed of the varying sizes. Again, the
photograph
was taken concentrating on this stain, which would be opposite the
numeral six,
showing that it is a crusted stain and superimposed upon it, and this
is why we
try, to take it in three dimensional, so that we can show that this
stain here,
this drop here, was superimposed upon the other stain. Q:
What do you mean by superimposed on the other stain? A: It was on top of
it. Q: It was on top of
it? Q:
And what is
congeal? A:
Well, like jello congeals. Q: Is that part of the drawing
process? A: The beginning of it, yes. Q: So if I understand you
correctly, some
time after the one had landed on the watch, and had started to congeal,
another
one landed on top of that, is that correct? A:
Yes. Q: Calling your attention now to
just directly underneath the numeral six on
the watch portion itself, what is that, in that area? A: These are-this is the rim
of the watch, and these are
individual spatter type stains. Q: Now, Miss Cowan, while we have
the projector up, did you have occasion to
examine other photos in connection with this watch? A:
Yes, sir. Q: Now, if you will step over
this way, .please; showing you what has been
marked for identification purposes as State's Exhibit 42, can you tell
us what
that is? A: Yes, sir. That is
the photograph that was taken originally prior to this. This was taken
on the
5th of July. Q: Can you tell us what the
examination of the other portions of the watch
revealed insofar as a spatter stain? A: There were, as I
said, these fine tiny spray type of droplet stain extending on the
lateral
surface of the wristband, around to the under surface of the wristband.
There were fewer on
the lateral side, that is, it would go from the position of 12, of the
numeral
12, to around about the back of the band. Q: If I understand you correctly,
then, most of these spatter stains were from
the numeral six around towards the bottom of the watch? A:
That's correct. Q: And there were fewer from the
numeral
12 around in that direction is that correct? A:
Yes. MR. SPELLACY: If it
please the Court, at this time I would request permission to show
State's
Exhibit 42 and have Miss Cowan explain that. THE
COURT: Please
proceed.... Q: Now, showing you once again
what has been marked for identification as
State's Exhibit 42, would you please show that to the Jury? A:
We will have to use the large projector. Q. Now, can you tell us what this
photo shows with regard to the examination
you made for blood? A: In comparison
with a previous photograph we just showed, this is the stain that was
photographed in the close-up. These are the small discrete spatter type
stains on the
rim of the watch. This is a film or
smear type stain on the crystal, and these are deposits made by flying
drops of
blood in motion that only could be making this type of drop coming at
an angle.
Q:
And why do
you say that? A:
Because this is the way these stains are made. Q:
Pardon me? A:
Do you want a lecture? I am sorry. Q: Is this based on your
experience in
blood work? A:
Yes, sir. Q: Particularly directing your
attention to the drop over the numeral, I guess
it would be the figure 11- A:
Yes. Q:
could you
describe that for us, please? A: This is a drop
that has been drawn out, elongated, along a line of force.
Normally a drop of
blood is spherical, and when it strikes a surface, a metal surface such
as
this, perpendicularly with a low speed or simply falls on it, it will
be a
round type of stain. When it strikes at
an angle, you will have it adhering
and then drawing out along the line of force. Q: Are you able to tell us what
angle that
particular spatter mark struck at? A: The indication is
that it struck here on the broad surface and was pulled out, as it
were, along
to this little tailing effect here. I believe some--Dr. Adelson refers
to them
as tadpoles. Q:
Pardon me? A:
Dr. Adelson refers to them as tadpoles. Q: Now, immediately above that,
above that
mark, there is another area; what is that? A: This I would not
want to say definitely whether this is a smatter of several drops
or whether
this is -it would appear from this, that it is a large drop which may
be made
up of two drops hitting simultaneously. Q: Directing your attention now
below the numeral six, is that an area that
you have previously described for us? A: On the rim here? Q: Yes. A: On the rim and this large
stain are the ones that are
shown in the stereo photograph. Q: Are there other spatterings on
that
watch that are shown in that picture? A: Shown in this
picture, yes. Here for instance is a very small one, this is
definitely, this
comes from a spatter type staining. These very small ones. The larger
ones, in
that they are broken up by the grooves in the wristband itself, it is
difficult
to tell whether these are multiple small ones hitting at
approximately the
same time, or whether they were larger drops. Q:
Is that the
extent of the spatterings, then? A: As shown in this
photograph, yes. There is this one on the crystal. There are these.
This could
be a smearing type of stain. This is on the crystal, certainly
smearing. These
are spatter type. Q:
Pardon me? A: These are spatter type, the
smaller, and the smaller
discrete type.
Cross-examination
by F. Lee
Bailey Q: Did you give us an opinion
this morning with reference to the watch of Dr.
Sam Sheppard which is marked as Exhibit 24, and with reference to a
small spot
with a tail on it appearing on the rim of the watch just above the
figure 11 or
where the figure 11 should be, that you could tell the direction
of travel of
that spot as it struck the watch, based on the tail that you saw? A: I meant to infer
that this is typical of this reaction, but the general pattern of
staining was
more important. Q: This was the only spot you
found with
the tail? A: No. This is the only one
that shows in the photograph.
Q:
Are there others that you did not cause to be photographed? A:
Yes. Q:
Where were they? A: In the lateral
part of the band there is one that I believe still shows in the black
and white
photograph. Q: Do you know where that
photograph is? A: It would be an exhibit. Q: All right. Are these the only
two blood spots on the watch that had the
little tail on them indicating a direction? A:
No. Q: Are there more that you
didn't photograph or that you
did photograph? A: Not every blood spatter was
photographed. Q: If a blood spatter is round
and has a
smooth circumference to it, that is an indication of low velocity
at the time
it strikes, is it not, generally? A:
Generally. Q:
If a blood
spot is round and has jagged edges around it
that is an indication of greater velocity at the time of incidence or
striking,
true? A:
Yes. Q:
And the more
jagged the edge, generally the greater the
velocity, true? A:
Yes. Q: If the velocity is sufficient,
the blood spot is likely to break up into
smaller globules of spots, true? A:
True. Q: Where a large
spot of blood, and by large I have in mind something between a quarter
and a
half inch in diameter, where a large spot of blood hits a vertical
surface such
as the wardrobe door, and does not run down but runs off at an angle,
there is
an indication there as to the angle at which it hit the surface, true? A: This depends,
too, on the weight of the drop itself, the size of the drop and the
weight of
the drop. Q: Understood, but in order for
the trail to go off at an angle, other than
the vertical, it must have struck at an angle other than vertical,
isn't that
true? A:
Exactly 90 degrees, yes- Q: In order to get a
direction of trail-off from a blood spot on a vertical flat surface
that is
other than straight down, it is necessary for that blood spot to hit
the
surface at something other than a straight down angle that is my
question. A:
Unless something disturbed it. Q: All right, assuming that
nothing disturbed it that
would be true? A:
Yes. Q: Did you find any blood spots
on the wardrobe door that had such
characteristics, that is to say, a flow, or a tail trailing off but not
straight down? A:
Not a tail, no. Q: Any indication of flow from
the original spot? A: There was one that didn't
follow the rest of the
general pattern. Q: Miss Cowan, I show you a
close-up of the door depicted in Defense Exhibit
M, showing a large spot of blood and a somewhat smaller spot underneath
it,
this being a panel of the wardrobe door, and I now refer you to Defense
Exhibit
D, and ask you whether or not you recognize that spot? A:
Yes. Q: Now, I show you a greater
enlargement, Defense Exhibit B, showing you also
at the same time Defense Exhibits M and D, and ask you whether or not
that is
not the same spot? A:
Yes. THE COURT: Counselor, is
Exhibit B an enlargement of Exhibit D? MR. BAILEY: Yes, you’re Honor. Exhibit D
is a close-up of Exhibit M, and B is a
close-up of M or D as you will have it. I now show the
witness Defense Exhibit A and ask her whether or not that is also an
enlargement of the spot shown in Exhibit M and again in Exhibit D,
being the
lower of the two large spots. THE
WITNESS: Yes. Q: Now, did you examine those
spots, Miss Cowan? A:
Visually only. Q: And were you able
to make a determination as to whether those spots were deposited on
that door
by weapon throw-off, or in some other manner? A: They were
consistent with weapon throw-off, and might have been a composite or
clotting
blood. Q: How large a drop
can a weapon, any metallic weapon, carry before it will break up
into smaller drops
as it is thrown off, is there a limit? Q: Have you ever
made experiments to determine whether or not a drop that large
could possibly
be thrown off by a swinging weapon? A:
Not myself, no. Q:
Have you
made studies of literature where other people
have made such tests? A:
The only result of- Q: Have you made studies? A: --of experience. Q: Have you made studies of
literature
where other people have made such tests? A:
No.... Q: …You examined this watch
and you noted of course that
the band was broken? A:
Yes. Q: And that was broken when you
first saw
it, wasn't it? A:
It was. Q: Now, did you examine the break
in the band to determine whether or not
blood was present where it could only have gotten after the break was
accomplished?
A: The band was examined
generally, in general staining. Q: Let me rephrase the
question to make it clear. As we examine the
watch, there is a portion of the bracelet where the under link is
broken away
from the upper link or over link, and a hole appears where there was
some sort
of rivet or fastener, true? A:
Yes. Q: Was a specific examination
made in that
hole to determine whether or not blood was placed in the watch after
the watch
was broken or the band was broken? A:
No. Q: You examined the watch for
fingerprints?
A: Yes, or any pattern print. Q: Did you ever submit it to
someone who was qualified to examine for
fingerprints, that is to say, a fingerprint expert? Q: You did not. In 1954 did you
consider
yourself to be a qualified fingerprint expert? A: Not in identifying
fingerprints, but in recognized
pattern imprints, yes. Q: Did you use any dusting powder
to try
and get a print off this watch? A:
No. Q:
Off the
ring? A:
No. Q: Off the key chain or the
attendant
keys? A: No. Q: Would you say that dusting
powder would be the best method to lift or
discover a latent print on those surfaces? A: "Any latent
print would show up under the indirect lighting under the stereo
microscope,
and this would be an indication- Q: Would you agree that dusting
powder would have been a better method to make
this test for fingerprints? A:
No. Q:
To your
knowledge was this watch ever examined to
determine the cause of stoppage? A: It was taken to a watch
repairman. Q: Beatty's by chance? A:
Yes. Q: Did you get a report from
Beatty's as to their
findings as to the interior of this watch, its mechanical
condition, any
impact that may be shown? A:
The report I believe went to Dr. Gerber. Q: Well,
do you
have any idea where that report is? A:
I would assume that it was with the case. Q: Then
you have
no personal knowledge of where it might be today, I take it, if your
assumption
proves incorrect? A: I recollect the last time I
looked at the case there
was a communication, but I do not know the contents of it. Q: Was the watch running again
by the time you got it, or
was it stopped at 4: 15, or was it stopped at some other time? A:
I do not recollect. I know- Q: Would it help you if you
glanced at the photograph
you took of it to see whether it's still set for 4:15? A: No, I know it does not say
4: 15. Q: Then it was running some- A: As I recall, the watch
would run a short time and
stop, but I can't tell you how long. Q: The watch of Marilyn
Sheppard was discovered, so the
evidence has indicated, with a time I believe 10 after three, and you
photographed that watch? A:
It was photographed by Mr. Johnson. Q: Do you know whether or not
that watch ever started
running again? A:
Yes, it did. Q: Was it examined in order to
determine whether or not
it stopped at 10 past three for some reason? A: It was examined at the same
time as the other. Q: And I take it the report of
Marilyn’s
is somewhere with the report of Sam's watch? A:
Yes. Q: You last saw them together? A: I saw a single
communication. Q:
A single report on both watches? A: A single communication. I
cannot tell you the contents....
Q:
At the time it was given to you, these things were all wrapped up in
tissue paper of some kind? A: In cleansing tissue. Q: Were you informed A: Individually. Q: Were you informed by anyone
that the watch and the
ring had already been handled by two young boys before they were ever
given to
the detectives? MR.
SPELLACY: Objection.
THE
COURT: Sustained.
Oh, she may answer. Overruled. She may answer the question. Do
you understand the question, please? A: Yes. When Dr. Gerber showed
me this, these, he said,
"I don't know, they have not been examined by fingerprint people, but
they
were handled before they were given to me."
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