The San Francisco call., 1903-09-22
CASE CLOSED AND ARGUED.

SeQuentlN fOund by the ponce.
CASE CLOSED AND ARGUED.
After District Attorney Byington had
announced that the case was closed for
the people Attorney Drury. for the de-
fense. moved for a dismissal. Judge Ca
baniss stated that he would hear argu-
ments of counsel at the afternoon session
of court, and the hearing was then ad-
journed until $3.50 p. m.
At the afternoon session of court At
torney Drury, for the defense. again re-
newed his motion to dismiss the defend
ants. He claimed that a public offense
had not been established and if estab
lished that there was not sufficient evil
dence to connect the accused women with
the crime.
Attorney Drury skillfulIy argued that
while the evidence showed that four
grains of arsenic had been discovered in
the stomach of Martin l.. Bowers
there was no proof that the presence of
the four grains of poison had caused
death He said that no proof had been
presented to show that arsenic had been
discovered in the circulation of the de-
ceased and that the only direct testimony
of death was that of Autopsy Surgeon
Bacigalupi to the effect that death was
due to fatty degeneration of the kidneys
and that the state of the kidneys might
have been due to natural causes or to
other reasons.
The counsel for the two women further
argued that the prosecution had not pre-
sented the slightest proof to establish it's
theory that Bowers had been subjected
to systematic arsenical poisoning for a
period of three months.
SCORES THE DRUG CLERK.
The only evidence of the purchase Of
arsenic was that of the drug clerk. Pc
.-son, argued Attorney Drury, and he
Mrs. Sutton was the person who had pre-
sented the forged prescription. but the
drug clerk had been unable to give any
positive information as to her identity
until after he had been recalled by the
prosecution and was unable to positively
fix the date Of the presentation of the
prescription until he had been given an
opportunity to consult the prescription
book.
Attorney Drury scored the evidence of
Handwriting Expert Eisenschimmel and
said that even If the evidence of Drug
Clerk Peterson and Expert Eisenschiumel
were true no evidence had been produced
by the prosecution to connect the ac-
cused women with the crime of murder
ing Martin L. Bowers by administering
arsenic. For that reason Drury asked for
q dismissal.
BYINGTON MAKES REPLY.
District Attorney Byington replied for
the prosecution and said that the only
way for a Judge or jury TO decide was
from the surrounding circumstances in a
case He argued that the evidence pre-
sented could not bring reasonable
thinking person to any conclusion but
the one that the defendants were guilty
as charged. Attorney Byington went over
the evidence as presented and claimed
that Martin l. Bowers met his death by
arsenical poisoning and that the drug
was administered by his wife, Mrs. Mar
tha Z. Bowers, and that her sister. Mrs.
Sutton, was a party to the crime; that
she had purchased the drug well knowing
for what purpose it was intended. Bying-
ton asked that both women be held for
trial in the Superior Court.
Attorney H. McIsaacs also addressed
the court on behalf of the defenda ntS,
following the same theme of argument as
outlined by his associate, Attorney Frank
/ Drury.
! Judge Cabaniss in announcing his decis-