The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1904-12-21

december Zlst. Boyd heard the report
of the disagreement without the least
| apparent concern, and accompanied
the bailifr back to his cell with the same
Indifference that mas marked his de
meanor throughout the trial. On the
following morning he inquired if he
would not now be allowed his liberty
upon giving bond, but made no comment
when informed that bail was as impossi-
BILE now as before the trial. and that
he would have to remain in the county
Jail until the next term of district
court, which may not be held until
next June.
The Closing of the Case.
1t was late Thursday afternoon wnen
the taking of testimony was concluded.
After brief recess, Vestal Snyder, who
assisted the state in prosecuting, open
en- the argument for the state. He con-
sumed nearly an hours time, in which
he presented a strong argument in favor
of the states theory, and urged con-
viction. He reviewed the evidence in
troduced, and overlooked nothing that
had any bearing upon the entire mat
ter. An adjournment until 7:30 in the
evening was taken, when Mr.. Snively,
attorney for the defendant. began his
argument. The point upon which he
laid the greatest stress was that the
state had not made out its case to the
| extent that was necessary in order for
verdict of murder to be warranted;
he insisted That even if the testimony
tending to show that child had been
born to Blanche McCallum on the day
alleged, and that its remains were af-
forwards thrown in the Schanno ditch
was true, the child must nave died from
natural causes or lack of proper care
and attention.
Prosecuting Attorney Parker made
the closing argument for the state. In
substance it was a review of the evil
dence on both sides. comparison of
the same, and an illustration or expla-
nation of the defects in the defense. The
story of the Boyd's and their witnesses
he believed to nave been manufactured
and rehearsed, the evidence of their side
was contradictory and some of their
main witnesses had been impeached.
Although the court room was packed to
the doors with an uncomfortable, rest
less crowd, Mr.. Parker held their almost
breatnless attention for over two hours.
and many have been heard to declare
that his argument was the best and
ablest they have ever heard him make.
Judge Rudkin read his instructions to
the jury, taking but about fifteen min
ute's time. He said that in accordance
with the evidence introduced at the
trial, the jury would be allowed to re-
turn any one of three verdicts. or to
acquit the defendant. The verdicts
were of murder in the first degree, muir
der in the second degree and manslaugh-
ter. Each of these was fully explained
and the jury retired at ll:20 to try to
agree upon verdict.
Thursdays Proceedings.
The testimony introduced Thursday
was largely expert-Drs. McNair, Ros-
sitter and Lynch went into details re-
garding the hydrostatic test as method
OF determining if an infant had been
born dead or alive. Each also gave his
opinion regarding the probability of an
infant living from . 80 in the afternoon
until II in the evening, unattended and
in the condition it is claimed the child
was which was born to the prosecuting
witness.
Counsel for the defense introduced the
testimony of William Clark to show that
Boyd, the defendant, was not in town al
the time alleged by Miss McCallum. He
said that Willard Boyd left town for his
home in the Natchez valley in buggy
the evening of the day Roosevelt wa,
here. That he CLARK rode behind hin
on horse; that Boyd left the buggy a
the Natchez bridge, and went on HON,
alone on his wheel. Witness admitted
he was great friend of defendants
and wanted "to see him get out of tn,
scrape."
Asa Schwartz testified that he con
Quoted the examinatiod which prosecute
ing witness swore she attended shortl,
before her child was born. In cor
rected statement he gave the date o
this examination as April Is and 10
1908, which corroborated her testimony
Mrs. Hanna Smith, neighbor of tn,
McCallum's, swore that she examined
the prosecuting witness in February OF
March. 1908, and came to the conclusion
that she was suffering with some form
of dropsy. Her stomach was badl,
bloated, as was nearly her entire body
She saw her later, and examined her il
April. The swelling or bloating haC
entirely disappeared.
Levi Smith, husband of the last wit
ness, said he assisted in the examina
ton. He merely corroborated his wife,
testimony Later the prosecuting wit
ness was recalled, and testified tina