New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-03

r,.t,inp in court that he had evidence TO
sustain any charge OF generalization. without
which the charge Of murder in the first degree
would fail.
A strong appeal was made by Charles E. LIE
Barber for his client. He said that not a scin-
1illa Of legal evidence had been produced
against her and that the charge Of murder
vas utterly unsubstantiated. He fiayed some
Of the District Attorneys witnesses, especially
a Young man named Fiese and Patrolman De
Boo the officer who arrested Mrs. Noble. and
whose testimony damaging District At
torney Gregg in opposing the motion 10 dis
miss said that nothing had been shown to
prove the defences contention that there had
been an accidental shooting. while there had
been an abundance Of contradictory evidence
that needed unravelling by a jury. Magistrate
Healy said he must decline the responsibility
of dismissing the case without submitting it 10
a higher court. The courtroom was filed an
hour before the time set for the trial.
Ms. Noble ana her sister, Miss Leonora
Leighton occupied seats at one side of the
courtroom ard chatted with Mr. lie BARRIERS
assistant while waiting for Mrs. Mobiles counsel
whose lateness delayed the opening Of court.
Al times they found matter for amusement
for they laughed gavlv.
dozen Witnesses in all were called. OF
these Miss Loretta BurneH, an actress, who
lives with her parents the floor below the
Noble apartment, was the principal one She
contradicted testimony given by her before the
coroner on Friday important point. She
had said Friday that three minutes inter
vened between the time OF the firing of the
shots and Mrs. Mobiles descending the stairs
Yesterday she testified that only few seconds
elapsed Her mother Mrs. Helen Burnell was
induced by the District Attorney to show that
her husband had sscended from the basement.
entered the kitchen Of the Burneu apartment
returned TO the parlor and talked with his wife
and daughter, all between the firing of the shots
AID the descent OF the stairs by Mrs Noble
The District Attorney tried to show that 1t was
manifest that it would require more than a
few seconds for all that 10 happen
PatTolman De Boo reelected several things
that had slipped his memory at the coroner's
inquest None OF them proved of great i'm
pcriance, but the officer was severely cross -ex-
amined because Of his Improvement in memory.
one thinS brought out was the statement that
he sa" Mrs Noble take handkerchief from the
oesSer before adjusting her VEIL and rub some
powder on her face That was brought out 70
cont:oVert the testimony elected by cross-ex-
animation that Mrs. Noble had To be dressed h.,
Ars Barnell, being abe to perform that of
ice herself The officer swore that she pulled
Oh her o"n stockings, although Mrs. Burnell
put her shoes on for her
iesOiLony WIS introduced 10 account for all
me movements of Patton Noble OF the evening
o. November u, Counsel for the defence said
lie cou!c see no reason for that.
al Lc Barber SAID that he would either ap-
Ply 1or ban or institute nabeas corpus nro-
al once lie said he was by no means
sure that he should apply for bail. as he be-
- me District Attorney would oppose any
''ihs reasonable. lie wished 10 have the les
nun renewed b. Supreme Court justice,
N'' convinced THAI his client should not
have been held
h.-rl. ,o'.e after the hnaring. spoke OF the
HSppy life she led with her husband Oh. said.
hard mi. imagine why they press the case so
-, sSS II Is by the urging OF the MOBILES
bsa hot your relations with the Mobiles
Oh .ehoiy: she was asked. she repIied.
have onIy' n, II Isn't that. But, YOU see. they
/, vas an a aE own unsupported statement that