Direct examination by Hon. H. G. Bailey

Q    Your initials are R.R.?

A    Yes sir.

Q    Are you a practicing physician and surgeon at Scottsboro, Alabama?

A    Yes

Q    How long have you been practicing medicine and surgery there?

A    Since 1914

Q    Of what medical institute are you a graduate?

A    Vanderbilt.

Q    Do you know this laldy, Victoria Price?

A    Yes sir.

Q    Do you recall the day in March, 1931, it was said some negroes were taken off a train at Paint Rock and accused of raping Victoria Price?

A    Yes sir.

Q    Did you see Victoria Price that day?

A    Yes sir.

Q    Where did you see her the first time?

A    At the jail.

Q    At Scottsboro?

A    Yes sir.

Q    Did you make an examination of her person at that time?

A    At my office.

Q    Do you recall about what time of day that examination was made?

A    It was in the late afternoon around four o'clock the best I remember.

Q    Just state to the jury Doctor what her general condition was, whether there were any bruises or wounds or lacerations on her body?

A    Well she came over to the office in overalls, and we had those removed and we found some scratches on the back part of her wrist.

Q    Back of the wrist?

A    Left wrist, yes sir, small scratches, and she had some blue places in the small of the back.

Q    About where?

A    Low down in the soft part, right about the top of the hops, three or four bruises that ranged, oh, about like a joint of your thumb, small as a pecan, and then on the shoulders, between the shoulders another place about the smae size, a blue place, and we put themm on the table and an examination there showed no lacerations.

Q    You are speaking of Victoria Price?

A    Yes sir.

MR. LIEBOWITZ:    No lacerations?

A    No sir, no lacerations; and the vaginal examination showed the male element microscopically, and we saw the fluid with they eye, that is the fluid the spermatozoa is carried in.

Q    From where did you obtain that fluid?

A    From the vagina.

Q    From Victoria Price?

A    Yes sir.  We made a smear and transferred it to cover glasses annd examined it with a microscope, thespermatozoa is microscopic.

Q    What is the spermatozoa?

A    It is commonly called the male germ.

Q    Did you find many germs?

A    Yes, sir lots of them.

Q    From your examination of the genital organs of the woman Victoria Price made on that occasion would you say that she had recently had sexual intercourse?

A    Yes sir.

Q    Could you tell about how long before from your examination?

A    No sir, I couldn't tell in time of hours or minutes, I couldn't say.

Q    The spermatozoa you examined under the microscope were they alive or dead?

A    They were non-motile.

Q    Does that necessarily mean they were dead?

A    Well as a rule, yes.

Q    They were non-motile when you observed them under the microscope?

A    Yes sir.

Q    You say there were no lacerations or torn places?

A    Well there was a slight congestion of the vagina, but as a tear there wasn't any.

Q    Slight congestion of the vagina?

A    Yes sir.

Mr. Liebowitz:    You say there were no lacerations?

A    No tear, but a congestion of the vagina.

COURT:    Explain what you mean by congestion?

A    The mucosa of the vagina was redder than normal; the tissue are like those of your mouth, the same type, and the mucosa or tissue as you call it was red, redder than the normal.

Q    I will ask you, based upon your examination, the condition of the vagina was in as you found it, whether or not that was evidence of recent sexual intercourse?

MR. LIEBOWITZ:    We object, the Doctor said he couldn't say how recent it was.

MR. BAILEY:    He said from an examination of the spermatozoa he couldn't say, but not from the organs.

COURT:    Of course there is no question about him being a physician.

COURT:    Can you tell by an examination of the condition of the mucosa of the vagina anything about the recentness of the intercourse?

A    I couldn't swear to it other than it was congested.

COURT:    You just know it was congested?

A    Yes sir.

MR. LIEBOWITZ:    You couldn't swear how recent it was?

*    *    *    *    *    *    *   *

From cross-examination by Mr. Liebowitz.

Q    The tablespoon full or two tablespoons full you found there, you can't tell when that was planted in her?

A    I couldn't say the exact time.

Q    In other words she might have had intercourse one night and didn't clean herself and than have intercourse a few hours later then the second deposit would be added to the first deposit.

A    Yes sir.

Q    That is of no particular significance is it?

A    This was a different vagina from the other.

Q    Wasn't any significance as to the time?

A    No sir.

Q    Still in both cases, the young girl and Victoria Price the germ was dead apparently.

A    Yes sir.

Q    Which is likely to prove isn't it, which is more likely to prove that the intercourse had taken place some hours ago; some hours had elapsed, some appreciable period of time?

A    No sir.

Q    It wouldn't indicate the intercourse was recent, the fact it was non-motile?

A    No sir.

Q    In other words the best you can say about the whole case is that both of these women showed they had had intercourse.

A    Yes sir.

Q    With how many men or when it took place nobody can say?

A    No.

Q    No doctor can say?

A    I think not, no sir.

*   *   *   *   *   *   *

COURT:    Did you observe the respiration at the time, whether they were breathing fast of slow -- Excitement causes a quickening of the breath?

A    Yes sir

COURT:    Did you notice any unusual respiration?

A    I don't think so, their pulse they were normal.

COURT:    In other words so far as you noticed their pulse was normal?

A    Practically normal, yes sir.

COURT:    Any excitement or great strain would have a tendency to increase the  pulse and res and respiration?

A    Yes sir, very much at the time, but after a time it will be quiet.

Q    Over what period, how long?

A    Different people, different times.

*   *   *   *   *   *   *

COURT:    Did you notice their pulse and respiration the next morning?

A    Yes sir, they were crying and nervous and hysterical.

COURT:    Their breathing was faster the next morning.

A    Yes sir, it was faster.

COURT:    And the pulse was?

A    Yes sir.

1933 Trial Excerpts
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