The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-25
FIGHT FOR LIFE.
Attorneys on Both Sides of the
George Case
Sum Up the Evidence and Make
Their Pleas.
AFFECTS MRS. GEORGE
More Than at ANY Other Stage
of the Proceedings.
AFFECTS MRS. GEORGE
Prosecution Relies Largely on
Werntz's Testimony.

Canton, O., April 25.-At the open
ing of court in the George trial today
Attorney James D. Sterling began the
opening address in defense of Mrs
George. The Barber case dwelt upon by
Mr.. Grant yesterday was first taken up
Mr.. Sterling disputed the position of
the state that the testimony Mrs.
Georges grievances against Saxton
could only be considered in connection
with an implied confession and then
only in determining the degree of the
crime. He said the wrongs of the &C
cused were offered and should be &C
cepted as showing the circumstances
and conditions surrounding the threats
which 1t was sought to be proved she
had made. Later Mr.. Sterling took up
a review of the testimony He was ex-
pected to occupy the greater part of the
day.
Attorney J. ]. Grant occupied the
whole day yesterday in opening the
arguments on behalf of the state.
The court room was filled as it has
not been at any other stage of the pro-
ceedings.
during most of the proceedings of the
day. She seemed more affected by Mr..
Grants summing up of the case than
by any other incident of the trial.
During the day attorneys for each
side presented their requests as to the
charges of the judge.
The state asks that the jury be in
Structed that the alleged promise to
marry and the failure to keep it, the
promises of any money consideration,
the alleged settlement in Allegheny, the
divorce and the payment for it, the re-
lations between the accused and the
deceased and all the testimony as to
Mrs. Georges grievances against Sax
ton shall be cited to the jury by the
judge as not being any justification, ex-
cuse, or defense for the homicide. but
merely subjects for consideration in de-
termining the degree of the homicide
and the mental responsibility. The
state also asks that the general weak
ness of the alibi defense shall be re-
cited to the jury in connection with in
structiops that an alibi to be a defense
must cover the whole period of the hon.
1c1de, or must prove, beyond all doubt
the impossibiiity of the accused being
at the scene of the homicide when it oc-
CURED.
The defense asks the court to charge
the jury that the homicide must be
proven and the accused guilty of it be-
fore any of the threats are considered
against the accused and that the
threats are only to be considered in de-
termining the degree of the homicide
after it has been otherwise established.
They also ask that the court charge
that the accused is not to be pre1u-
diced by reason of the defendant not
having taken the stand in her own be-
half. and that the evidence of one ad-
dicted to the opium or morphine habit
is not credible.
After arguing that the defense by
cross-examination and direct evidence
had tacitly made a confession and
sought to justify it by relations with
Saxton, and grievances against him.
Mr.. Grant reviewed the testimony in
detail. seeking to show not only Mrs
Georges connection with him but by
the threats she made, and the plans un-
folded, to prove the generalization and
elaboration necessary to constitute
first degree murder. In the latter con-
nectiOn the testimony of Attorney w
o. Werntz, to whom alleged plans were
unfOlded was largely used.
Following the citation of authorities
on the legal proposition involved Mr.
Sterling presented quotations from a
number of medical text books in sup
port Of the requests for a charge to the
jury on the opium or morphine habit
and then briefly referred to the testi-
| mony.
Mr. Sterling paid his respects to Sax
ton and others connected with the case.
| He presented SaXton in the most I'M
favorable light and dwelt upon the al
| legged wrecking of the George home
| This occupied the time until the noon
adjournment. The present indication is