The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
Prosecuting Attorney Is Un-
merciful in His Argument.
NO MAN is ALL BAD
He Finds Good Qualities in
Geo. ID. SaXtOn.
People Stand All Day in Court
House Corridors.
Case is Given to the Jury at
Noon Today.

Canton, O., April 27.-What was ex-
pected to be the last day of the trial of
Mrs. George for the murder of George
D. SaxtOn began with a resumption by
Prosecuting Attorney Pomerene of his
closing arguments for the prosecution.
He continued a review of the testimony,
first paying attention to the time OF
various incidents and the alibi made on
behalf of the accused. He said that no
man is all bad, and that many have rea-
son to remember George D. SaxtOn for
his good qualities and for his charity.
He declared no one could say George
D. Saxton ever insulted a Virtuous and
upright woman
Prosecuting Attorney Pomerene began
his argument shortly after O'Clock
yesterday.
The day was without special incident,
far the accused was concerned.
Mrs. George sat all day with downcast
eyes and was occasionally moved to
tears as the story of her life was mar
rated.
The court room was thronged from
early morning to the hour of adjourn
ment, and many who could not gain
adnittance stood in the court house
corridors all day to get what they could
hear and see at long range.
Attorney POmerene spoke briefly on
the legal propositions of the case, al
though he cited a number of authorities
for the jury's consideration in connec-
He insisted that the extent to which
the testimony of one addicted to the
opium habit should be excluded was for
the jury to decide, according to the teS-
timony on the use of the drug, resisting
the proposition of the defense that the
court should order the jury to ignore
the testimony entirely of one so ad
dicted.
Ho also took grounds opposite to the
defense on the matter of threats, in
sisting that these threats should be con-
-, So, IL
crime and circumstantial evidence
thereon, as well as on the question of
the degree of premeditation and delib-
Grafton.
the prosecuting attorney insisted that
the jury should not consider what the
character of SaXtOn was or was not
and that If the accused was found guilty
some length upon the subsequent re-
suits of an acquitta1 under such cir
cumstances when testimony had proven
guilt. He insisted that an alibi, at
tempted and not established, is an evil
dence of fraud and deception, and in
sisted that the alibi in this case had
not accounted for the accused at the
momentouS time involved. He argued
that the accused was not the simple
country woman her attorney had rep
resented her, but that she had been car
ried away by her vanity, her ambition
and her desires for what only a rich
man could provide for her He insisted
with much vehemence that when she
secured a divorce from her husband
she must either have sworn truly to the
good grounds for that divorce from her
husband or else have falsified to the
court either of which he said was per-
tinent to this case. He insisted that her
1angua ge and conduct had not been that
of a woman such as her attorneys had
represented her, and recalled the testi-
mOny of witnesses who had sworn that
Mrs. Georges words were too profane
and too obscene to be repeated on the
witness stand. AS to most of the wit
nesses for the accused, the prosecuting
attorney was disposed to be kind and
considerate. He charged them with
nothing worse than a mistake as to the
time of the incidents they narrated, and
this he did only through the testimony
we're and scathing in his references to
GOES TO THE JURY.
Mr.. Pomerene concluded his argu-
ment and submitted his case to the
jury at 1880 o'clock. The judge imme-
diately began his charge to the jury.
The judge finished II o'clock and
the jury Immediately retired to the
jury room. The judge in his charge
said if one of the jurors had a doubt
as to Mrs. Georges guilt, that juror
should vote to acquit her.
The points in the charge bearing
specially on this case and aside from
the usual form, were as follows:
THAT Mrs. George has been suspect
ed and charged with the preparation
of a crime does not tend. in any degree
to show her guilt or remove from her |
the presumption of innocence, which the
law casts about her. Under this indict-
ment you may find the defendant guilty |
of murder in the first degree, of murder
in the second degree, of manslaughter,
of assault and battery or of assault: or |
you may find her not guilty at all. This |
is not a mere discretion, but it is your /
duty to return such a verdict as the !
testimony under the law, as the court |
has given it to you demands. Evidence |
of the alleged relations of the defendant |
and the deceased George D. Saxton /
since 1889 and prior to the death of !
Saxton has been permitted to go to |
you, not because the said relations of |
Saxton and the defendant are any eX- |
cuse or justification, or defense of the |
offense of killing the deceased by the |
defendant.
THE fact that the defendant did not |
testify and attempt to prove an alibi |
are not to be considered against her."