Los Angeles herald., 1891-07-22
The Jury to Take the Case
This Afternoon.
No Evidence introduced at
Yesterdays Session.
The Attorneys for the Defense Make
Their Arguments.
Judge Ling and Judge Carpenter Make
Their Argumsnts-Dye's Charac-
ter as A Killer Enlarged
Upon-The Prosecution
to Argue Today.

Contrary to expectation no more wit
nesses were introduced by the defense
in the Mason Bradfeld trial yesterday
morning, and the defendants attorneys,
when court convened at 1920, an
nounced that their case was closed. On
the evening before, at the hour of ad-
journment, Judge Carpenter had made
tie statement that there were two or
three more witnesses yet to be examined,
and the change in their plans was there
fore great surprise to the prosecution.
District Attorney McLachlan moved
the court, when the defense rested their
case, that all of the testimony which
had been introduced relative to Joe
Dyes character as a fighting man be
stricken from the record, as it had not
been shown that the defendant knew
that Dye had such character, and
further because it was incompetent,
irrelevant and immaterial The motion
was argued at length and finally denied.
The argument then commenced, AS
sistant District Attorney Phibbs open
ing the case for the people at II O'Clock
and finishing his address at the noon
recess. He reviewed the evidence
briefly and said that the state had sue
ceeded in proving that Joe Dye was shot
down while walking along the street; !;
that the defendant Mason Bradield was
the man who shot him, and that Dye
was not looking for an attack, and,
therefore, the deed was not committed
in self-defense.
AT IL 80 o'clock Judge r. A. Ling took
the floor and spoke just an hour. He
dwelt particularly upon Dyes character
and reputation as killer, who thought
himself called upon to murder every
man who incurred his displeasure. Dye
boasted of the number of men he had
planted in his private graveyard, and he
did not attempt to conceal his intention
of killing Bradfield next. The Linde in
cident was the theme OF large portion
of the speakers address. Dye had
fully intended to kill Brad
field at that time, he said, but the young
man was careful not TO give him chance
: to make another case OF "self-defense."
Dye knew the law of self-defense better
than any lawyer in the state; he had
been through three murder trials, and
was coached by the best attorneys in the
region, and therefore knew just how far
he could go.
In Linde's store he struck Bradfield
with his left hand while he reached for
his gun with his right. If the defendant
had made an attempt to reach for his
weapon he would have fallen to the floor
corpse before he could have got it from
his pocket, and Dye, would have killed
another man in self-defense.
Judge Carpenter began speaking at
2 :35, and closed his address shortly be-
fore O'Clock. In the earlier part
Of his speech he made mention of
the three physicians which the
district attorney had sitting by
his side during the introduction OF the
testimony as to Brad6eld's insanity, and
drew the conclusion that these doctors
must have advised the district attorney
that they could do him no good, or else
they would have been put on the stand.
The speaker was interrupted by the
asked the court to compel Judge Car
penter to stick to the evidence, and q
controversy took place between Messrs.
McLachlan and Carpenter as to their
respective methods of conducting the
case.
"If the gentleman wants to know why
/ did not call the doctors to the stand, I'll
tell him." said the district attorney. II
had them here for the purpose of listen
ing to the defendants testimony, but
you did not dare put him on the stand /;
there you have it."
"Well, Pm sorry. gentlemen of the
jury" continued Judge Carpenter,
'that we did not conduct this case to
the satisfaction of the district attorney"
The testimony of the witnesses, Mrs.
Rising, Mrs. Lee, and Barber Nance,
occupied good deal OF the speakers
attention, and he said that from the
prosecutions own testimony the two
ladies who swore that they were only a
few feet behind Dye were perjurers; he
did not believe they were there at all.
The Linde's store episode was also dis
cussed at length, and Judge Ling's re-
marks about Dyes intention to kill
Bradfield on that occasion were reiter-
ated.
Attorney Shinn will make his address
this morning, and will be followed by
District Attorney McLachlan, who will
close the case. The instructions of the
court will not be of unusual length, and
the case will probably go to the jury in
the middle of the afternoon. The gen.
eral impression prevails that Bradfeld
will either be acquitted in short order
or that the jury will disagree.