Evening journal., 1904-05-06
Special to The Evening Journal.


Dover. May 6.-After all the argument
had been considered this morning for
and against the admission Of evidence
showing prior attempt of Estella AL
bin to murder Mrs. Powell, the court
ruled upon it. Justice spruance an
nounced that evidence concerning
threats only against the life of Mrs.
Powell could be admitted.
Lawyer Davis proceeded to question
Mrs. Bessie Kenney Of Whining on, the
witness still on the stand, along the
line. Mrs. Kenney swore that during
the Christmas week she spent at the
Powell farmhouse, Estella Albin told
her she had put poison in the coffee and
would kill Mrs. Powell if she had to
poison the whole family.
Did she tell you anything further?"
"she told me not to tell anybody"
Deputy Richards took the witness on
cross-examinatlon with these questions:
Did you tell anybody?"
mo. sir"
"But was not your brother, Charles
c. wootters eating at the same table?"
Yes. sir"
when first did you tell this story?"
"A short time ago."
what did you tell Detective Rat
ledge when he came to see you about
this?"
u didn't tell him anything about it,"
Mrs. Powell was recalled and con-
tradicted the testimony of James H.
I Dickerson. She fatly denied telling
Dickerson that she would knock Estel-
la Albin in the head. ding back to
the dock E4rs. Powell smiled while John
wncutts. a neighbor OF the Powells,
Daniel Todd nephew Of Elmer Will
liams, who was one of the States wit
nesses. Dennis Ross a Bowers Beach
fisherman, swore they would not be-
Ieve Dickerson on his oath.
The Attorney General cross-examined
each vigorously. requiring them to
state who they had heard discuss Dick
erson's reputation.
The defense called Mrs. Alice Holle-
ger. who swors that she knew Mrs.
Powen's reputation for pace and good
order, and it was good
ITS good. is it?" asked Mr.. Ward in
cross-examination. Did you ever hear
of Mrs. Powelrs cruelty beating a lit
tie boy?"
Defendant counsel waged a hard bat
tie over the admission of this question
and the court barred it.
rs it not the general reputation Of
Mrs. Powell in the country in which she
lives. that she is a cruel woman?" cam,
this time from the prosecutor.
This and other similar questions wer,
thrown out. The court consulted a
great length.
Mr.. Ward again came with this one
'Is it not the reputation OF Mrs. Pow
ell in that community that she woulc
not hesitate to commit crime?' ais,
was overruled.
Willard S. Sullivan, Elmer Williams
John wilcutts, James Holleger an,
Walter Camper were additional wit
nesses and swore to previous reputa
ton for peace and good order enjoye
by Mrs. Powell
With his big book and the Genera
Sessions Court docket. Clerk Of tn
Peace James V. McCommons was call
ed to the stand and told 70 read fror
page 2So. The prosecution vigorousl
objected and the court consulted. the
excluded it. 1t was something abou
one of the States witnesses. The dc
fense then retired.
At nearly p o'clock the prosecrtio
began its rebuttal, calling first d
James H. Wilson with evidence to sho'
that such a struggle as Mrs. Powell ha
described would have been PHYSICAL
impossible for Essie Albin with her val
ious mortal wounds. From the flow {
blood. DR.. Wilson declared that whe
Essie Albin's throat was cut she mu,
81 have been unconscious.
DR. Rboin,' asked Attorney Gener,
Ward to his next witness. the State
pothologist and blood expert. "froi
the description as described by D
Wilson. the physician performing q
post-mortem, how long would she ha,
lived after her throat was cute"
Mr.. Ridgely objected until he ha