The times., 1901-06-21
MORTIMER'S TRIAL ENDING
The Defendant Does Not Testify in
His Own Behalf,

| No Attempt Made TO Offset the Slight
ing Statements of Mrs. Starring-
The Opposing Counsel to Sum Up
the Case Before the Jury Today.
The Starring diamond robbery case,
which was begun this week in Criminal
| Court No. ] before Justice Anderson and
I a jury is nearing its end. The testi-
mony was closed yesterday afternoon and
| the arguments to the jury will be com
menced this morning, and the case sub
| mitted TO the jury at about $3.50 p. m.
/ When counsel for the defence announced
| yesterday afternoon that it closed its
side of the case without calling Lewis
| Francis Mortimer, who is charged with
the theft of the diamonds, to testify in his
own behalf, the crowd of spectators who
filled the courtroom were very much dis
| appointed, not to say surprised. Because
| of the circumstances under which Morti-
mor and Mrs. Starring became acquaint-
cd, and the sighting manner in which
she had spoken of him while she was tes-
! tifying on behalf of the Government,
| everyone expected the defendant to give
some very interesting evidence in refer
ence to the matter.
! District Attorney Gould announced
| about 1 p m. that the Government had
| concluded it's side of the case, and the
defence was begun. Only a few witness
es were called to testify, and Mortimer
himself was not among them. 1t was
| then announced that no further evidence
would be offered on behalf of the defen-
dant.
The first witness called on the part
| of the Government yesterday morning,
| fed that at the time of the robbery she
occupied the basement and fourth floor
of Mrs. Starring's residence, 1855 Massa-
chusetts Avenue northwest. Mrs. Vein
brenner said that she dined about =
o'clock in the afternoon OF that day and
afterward went to her rooms on the
fourth floor. She said she was looking
out of the front window when Mrs. Star
ring and Mortimer started on their bicycle
ride.
On cross examination Mrs Weinbren-
ner stated that she met Mrs. Starring
about two years ago. At that time, the
witness said, she occupied the house next
door to Mrs. Starring's residence.
While residing there, she said, Samuel
G. Eberly dined with her frequently. Aft
er she moved to Mrs. Starring's home Mr..
Eberly continued TO dine with her There
were three rooms on The fourth floor, and
these, the witness stated were furnished
as bedrooms.
1t was stated that on the day after Nor
timer was indicted by the grand jury,
charged with the robbery of Mrs Star
ring, Mrs. Weinbrenner moved from 1855
Massachusetts Avenue She went to Bal
timore to live with her sister She said
she removed her furniture from Mrs.
Starring's, but refused to say where it
was sent. On more than one occasion
the witness stated she saw two men
standing on the corner of Fifteenth and
Massachusetts Avenue watching Mrs.
Starring's residence.
Mrs. p. Haley was next called. She
said that on May last, the day when
Mrs. Starring was robbed she was at the
latters home. visiting Mrs. Weinbrenner.
She stated she never was in Mrs. Star
rings studio. The witness stated that
her husband was employed in the United
States Navy. In response to question.
she said that her husband was in Boston
When asked why she did not live with
her husband, Mrs Haley hesitated about
answering and District Attorney Gould
objected TO the witness being compelled to
answer. The objection was sustained by
the court.
Detective Frank NJ Helan testified that
he first saw Mortimer on May at Mrs.
Starring's residence. He said he arrived
at MIS-. starring ABOUT D. ana gave
a description of the studio as he found II
upon his arrival. AS a result OF his in
vestigaticns Detective Helan said that
when Mortimer was taken to Police Head
quarters the prisoner claimed tia. he was
unmarried and was an inventor. When
searched at Headquarters the detective
said he found $50 on Mortimer's person.
The money was in a small bag, pinned to
his underShirt.
on cross examination Detective Helan
gave minute description of the cabinet
in the studio, in which, it is said. the
stolen property was kept. He said he
would designate the drawer Of the cabi-
net as a secret" drawer. Calling atten-
tion to a photograph of the cabinet, Mr..
/ ipscomb asked the witness il there was
not a rack over the top Of one of the
drawers in the cabinet through which
the Government case could be pushed
When Detective McNamee was called
District Attorney Gould stated that in
the interest OF time he did not desire to
examine the detective. After cross-ex-
animation of the latter the Government
case was closed.
The first witness called On behalf of the
defence was Charles w. Stetson, a ste
Hographer who took the notes at the pre-
liminary hearing Of the case in the Police
Court. His evidence was wholly In reid-
tion to the correctness of the report Of
the proceedings.
The next witness was Charles l. Hutch
inson, a clerk at the Raleigh Hotel, who
stated that on the morning of May last,
the day before Mrs. Starring was robbed.
he changed S100 bill for Mortimer. John
r. Young, another employe at the Ra-
leigh also testified to having changed a
500 bill for some one about that time, but
was unable to identify the defendant as
the person for whom he made the change.
At this stage of the proceedings Mr..
LipscOmb. of counsel for the defence, an
nounced that he would offer no other tes-
timony. Until the adjournment of the
court at 3:2g D. m. the request for instruc-
tions to the jury on the law governing
the case was considered by Justice An
derson.
District Attorney Gould will begin the
opening argument on the part Of the Gov
eminent this morning at 1920 o'clock. He
viii be followed by A. S Colyar Richard
p. Evans, and Andrew A. Iipscomb,
counsel for the defence in the order
named. Each side will be allowed two
hours in which to present its case to the
jury.
a SHARP FJSTTC FNCOuNTER