Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-07


had been placed by Rose Rosary, a witness for
the government. by the tree He read her
testimony at great length and emphasized the
| fact that she it was who swore that the defend
| and hold his wife by the wrist and shot low into
her four times, missing her once. calling at
| tentiOn to the fact that not until she
had been recalled for further direct ex-
animation by the district attorney did
she state how the defendant shot her. The
direction in which the defendant fired at his
wife, claimed Judge Wilson. was an after
| thought OF the government The man who did
not do the shooting was shown by Mrs.
Rosary testimony to be standing nearest the
curb, by tie tree. If this woman's statement
was true, said Judge Wilson, then the con-
tention of the defense was true that Frank
Hamlink began the firing. 1t was also true
that there were at least six shots fred. Listen
gentlemen Of the jury" said Judge Wilson, TO
what Mrs Rosary says: The man fred four
| shots low into the lady. Sic lodged the first
one, but the next three went right into her.
Then he fired at the man. Now doesn't this
make six shots fired by some one? The first
| time the defendant fred he missed his wife,
according to Mrs. Rosary, the second, third
and fourth shots hit her. and the fifth. accord
ing to the government, killed Frank Hamlink.
the defendant, all he had in his revolver, but
who fred the ball which entered the window
Of the Hamink residence? If that doesn' t
prove that two pistols were fred ON that ocea-
sion, Wuat uOeS IL prove!
Judge Wilson had the coat Of the defendant's
| wife brought in, and placing it on the dress
frame, exhibited it to the jury, claiming that
the coat would show burns it
from defendants pistol had he
held his wife by the wrist and shot her as
Claimed by the government. The coat he said,
showed two very important things-that the
defendant did not hold his wife by the wrist,
| and that the bullets which entered her body
! were fired by some one further away than was
the defendant. The man who was further
| away was Frank Hamlink. The ipdict-
ment charges the defendant with firing those
| bullets into his wife. Therefore if Frank
Hamlink fired them the defendant must be
| acquitted. The fact that there were no burns
on the coat did this, said Judge Wilson. If it
dldn anything else-it created a reasonable
doubt as to who did FIRE the bullets into bis
| wife 8 body. And, gentlemen of tine Jury. if
| you have such n doubt You must give the de-
PENDANT the benefit Of it and acquit him.
| FROM THE STANDPOINT OF THE DEFENDANT.
| SO far, said Judge Wilson, he had disc
the case from the standpoint of the govern
ment alone. and he then proceeded to discuss
it from the standpoint Of the defense. He
read from the defendants testimony, claim
ing that he had been corroborated in every
material particular. Mr.. Clagett had asked
| why did the defendant run. 1t was not easy to
| say why he or any other man ran under
/ similar circumstances but 1t was true
! tnat ne ran ana IL was equally true that he had
given himself up The government had indi-
| rectly and by insinuations attempted to show
that it was Appleby who put the pistol in
the alley where it was found, but
he claimed that Appleby's Whereabouts had
| been accounted for from the time the firing oc
Cured until that pistol was found,
and 1t mad not been shown that
Appleby entered the alley that night.
Judge Wilson then traced the defendant :
course from the scene Of the shooting
to the police station, claiming that
his version Of the journey could
not be doubted. He had the de-
PENDANTS two coats and vest brought
| in and placed on the dress frame, and ex-
hibited the holes in the clothes to the jury.
Judge Wilson said that the holes were
there, and the question was how
we're they made? II they were
not seen by the policemen on the night of the
| shooting they were seen the next morning.
| That night the defendant had not q thing in
the world with him in his cell to make such
holes.
| District Attorney Cole Begins.
| Judge Wilson concluded his argument at
3:15.
DISTRICT Attorney Cole then commenced the
| closing argument