New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-28
MRS. NOBLE ACQUITTED.
HERSELF TAXES STAND.
Trial Begins at $3.50 H. M.-Perdict
at 5 p. M.-Jury in go Minutes.

Mrs. Josephine leighton Noble, who shot and
killed her husband Patton Noble on November
II. 1904. yesterday acquitted Of the charge
of murder in the second degree in the court
house in Flushing. Long Island, in trial which
for quickness has had few. If any. equals. A
jury obtained in twenty minutes and only
two talesmen were excused by Justice Gaynor
Early in the morning lawyers familiar with
Justice Gaynor's ways prophesled that the trial
would be over and verdict reported by dinner
time The verdict was delivered at exactly 5
o'clock. Mrs. Noble. who alternately bore her
self with composure and nervousness. was over
come when the verdict was announced. although
her counsel told her before the jury retired that
no other verdict could possibly be reached on the
evidence.
Two delinquent witnesses. Dr. Bumster and
DR.. Flynn. two of the best known physicians OF
Queens. were rebuked and fined $50 each by
Justice Gaynor 1t is my duty to correct the
seeming impression in Queens that witnesses
can obey subpoena whenever they like he
said.
Mrs. Helen Burnell. who lived in the house
with the Mobiles testified that the doors lead
ing from her apartment into the hall were open,
and that the Noble doors were also aiar, yet she
heard quarrel loud talking prior to the
shooting. which she plainly heard She said
sounds could easily be heard from one apart
ment to another the walls being thin Mrs
Noble. she said. descended the stairs calling to
her In her hand was the revolver She led
her into her apartment and disarmed her hand
ing the revolver to her husband
MRS. NOBLE TELLS HER STORY.
The calling of Mra Noble to the stand created
a stir. When asked where she was married she
could not speak but waved her hand. trying to
indicate that 1t was in the same room in which
she was being tried. She was told to tell her
story in her own way which she did as follows:
1 never quarTelled with Patton loved my
husband dearly 1 lived very happily in the
FR-Ic crFa m
ner for the day following the terrible event
had ordered the dinner, and everything was
ready Inat evening went 0ut "a SIu IetuLilIu ,
about 1880 o'clock, leaving the Phillips place
about that time. We met Pate, and he told me
to go in and he would follow in a short time. as
he had to go down the street l entered the
apartment and read. waiting for Pate. as
meant to eat with him. He came in about II 40
O'Clock. 1 hadn't gone TO bed. There was a
trunk in the hall that had intended 10 place
down cellar. l had partly unpacked 1t that day.
removing from it the revolver. This placed on
the little table. meaning to get the other two
and pack all three away together never
dreamed 1t loaded. Pate was undressing
in one room and in another. entered and
talked and jOked with him about a hat had
bought that he did not like. Then picked up
the pistol and said 10 Pate. What a pretty
pistol this is; you ought to give it to me- Put
it down. he exclaimed grasping my hand and
trying to take it, 1 didn't give it up. He said:
Put 1t down. I've told you not to touch It,. and
there ensued struggle for the pistol In
second it went off. I fell forward on my Pate's
breast, not knowing what to do. grasping the
pistol COQVuiSiVely as did so, and crying, 'Oh,
Pate what shall | dor But the pistol is a
safety and the grasping made it go off a second
time. MY Pate fell over and could not answer
my plea to him to tell me what to do
Then the witness fell into an uncomfortable
fit of weeping
The cross examination simply brought out the
fact that Noble was sitting down trying on a
pair of shoes when the shooting took place.
James ]. FieseI testified that Mrs. Noble had
told him her husband had returned home drunk
and had shot himself
Edward Doyle. one Of the star witnesses be-
fore the grand jury which indicted Mrs. Noble
proved of use to the prosecution. He de-
cned to say he had heard things said that the
prosecution evidently expected him to tes-
tify to.
The defendants counsel moved TO dismiss, as
there had been crime proved. After that and
another motion had been denied the summing up
began. Each lawyer occupied twenty minutes
and the Justices charge occupied no more. The
Jury was out exactly ten minutes Its verdict
Of not guilty was expected by every one In the
room
After court had risen for the noon recess
note was handed to Justice GaynOr saying that
one of the men on the jury had known Mrs.
Noble before her marriage and that he had been
seen N her company.