Sunday morning globe., 1901-11-24


statement and the inference is left
with the jury that criminal connection
between the pair was not only prob
lematical but in reality did not exist,
and that the ungovernable jealousy
without the justification or mitigation
Of having made any sacrifice Of her
honor for Ayres hurried her on in mad
infatuation to murder him and hence
she is without the pale Of mercy or
mitigation. The defense has several
Ines left open, along when it can safe
ly retreat before the onslaughts Of the
prosecution, and win out either in
a hung jury or acquittal Of their
client The defense does not fear an
adverse verdict even If the Govern.
ment completes its chain of circum
stanual evidence and establishes the
fact that Mrs. Bonine killed Ayres and
even that she entered his room by the
fire escape to do so, provided the con-
viction is left unimpared that she and
Ayres had been maintaining improper
relations. and that designations be-
tween the two were OF frequent occur
renee in his room. The woman having
sacrificed all and the libertine having
tired of her, repudiated her. will be
sufficient to destroy the fabric of the
Government i'm the minds of the
youngest element in the jury and a
disagreement or acquittal will follow.
The Government is aware Of its dan
ger, evidently in this direction even
supposing il clearly establishes Its case
by unimpeachable circumstantial evil
dpence. hence it will seek to emascu.
late the defense by maintaing the vir-
tue of its client. The defense has an
other splendid line Of retreat before
the direct charge of murder itself in
the fact that the Government can only
establish that murder was committed
by Mrs, Bonine on corroborative testi
mony supporting the manner and
method and couse of the homicide as
she stated IT, OF course, the differ
ent deductory differences which the
Sr--rnment will advance to affect Mrs
Bonine's statement will be after all
simply deductory and theory, not es-
tablished facts, circumstantial evil
dence only, with the woman's repudi-
ated story (by the prosecutiOn) as the
foundation stone Of its superstructure.
In other words the Government pro-
poses to accept the defendants state
ment that she killed Ayres, which It
will corroborate with circumstantial
evidence that her motives in doing so
and her methods Of accomplishing the
act were not those she has assigned
and stated The Government thus
puts itself in the position Of declaring
one portion Of Mrs Bonine's statement
true and the other false. 1t accepts
and rejects to establish its case. This
is an almost impossible achievement
in law, especially in a criminal trial
for a capital offense. And herein lies
Mrs. Lola Ida Bonine's safety.
District Attorney Gould's direct oX-
animation OF the Government witness
es so far on the stand, including the
police officers, has not called for extra
eXertions by the defense and evident
w fails to disturb the serenity of Mrs.
Bonine and her counsel. The produc-
tion of the only garment-an under
shirt-found on the body Of the ILL |
fated Ayres and covered with his con-
gealed blood, was a dramatic attempt
to not only influence the jury, but to
unnerve Mrs. Bonine. 1t failed in both !
cases. The jury gazed at it stolidly !
enough and Mrs. Bonine preserved her !
outward composure.
All the rumors and stories circulat-
ed at the time Of the finding Of the
body Of Ayres. touching certain deli
cate and unprintable statements on his
alleged sexual connection, as determ-
ined by the medical examination Of
the body Immediately before his MUIR
der we're shown to be the fictions or
inventions Of prurient-minded gossips, |
as no such testimony was developed,
either in the direct or cross-examina- !
tion OF the police officers, who first
found the body. The court room is
daily crowded to its full capacity and |
the ladies in attendance listen TO the |
testimony without batting an eye or
forcing a blush.
"Messrs. Bailiffs, you will see to It
that these twelve jurors are given |
plenty Of air and exercise tomorrow.
I would suggest, or better 1 will or
der. that you secure an omnibus and
drive the men around the city tomor-
row. They are not to hold any con-
versation, either with outsiders or
among themselves, and must not see
any OF the parties, places, or exhibits
having any connection with this case"
Such we're the words with which
Judge Anderson adjourned court yes
terday until 10 o'clock tomorrow
The Jurors were driven
around town and will have another
outing today.
Mrs. Bonine, the prisoner at the bar,
Wal rest in her cell in the county jail.