The San Francisco call., 1905-02-18
Declare Proof Has Not Been
Shown That Auburn Youth
Is Guilty of the Crime of
Numbering His Mother
ANSWER ARGUMENT
OF PROSECUTION
Lawyers for Suspect Present
Their Case to the Jury and
Ask That a Verdict of Not
Guilty Be Their Conclusion
Special Dispatch to The Call.


AUBURN, Feb 17.-Arguments by
counsel on both sides in the case of
Adolph Weber took UP nearly all the
time of both sessions of the court to-
day. One witness was examined, J.
r. Brow of San Francisco, an auc-
tioneer Brow's testimony was to the
effect that Pawnbroker Carrs charac-
ter was bad.
Young Weber looked unusually well
to-day. No nervousness was apparent
and there was nothing in his demeanor
to show that the ordeal of yesterday
had left an impression. He smiled oc-
casionally during the argument of his
counsel and once laughed heartily at
an assertion made by Attorney Tuttle.
The three attorneys who participated
in to-day's proceedings were Ben Ia
Dor and Fred P. Tuttle for the defense
and District Attorney Kelly Robinson.
Attorney Tabor opened the morning
Session He spoke for four hours. His
argument to the jury was made in a
quiet manner and was devoid of even
a suspicion of oratorical effort. In
part he said:
The prosecution had not shown that. the
MaY 1 Of the fns y svsn
you believe in the "so-called chain Of evil
dence that has been forged by the prosecu-
".
Now as to the evidence Of Henry Carr. That
not telling the truth when he said
he had sold the revolver to this boy. Even
If you willing to take Carr's testimony
and believe that he sold that weapon to the
boy, you must that it does not show that
the defendant is guilty. The prosecution has
presented sort Of conundrum. They say, If
he did not kill Mrs. Weber. who did? I
would to God I knew who killed Mrs Weber.
I know that that boy would give all that he
possessed to know who killed his mother.
SCORES OWN WITNESSES.
May Clark's testimony is to be regarded in
the light as the testimony of Myrtle Hall
and Lottie Smith. They are all outcasts from
society. and the story of one is worth much
the story of the other. 1t not the fault
of the defense that Bertha Weber's was
connected with theirs The defense knew that
there never lived in Auburn girl with more
beautiful character and lovable disposition than
whole State OF California against him. Every
power possessed by this great State is ar
rayed against this boy-this boy who has no
father mother, sister or brother to help him.
Tabor then referred to Pawnbroker
Carr's Identification of Weber as the
youth to whom he had sold a revolver
nearly year ago. Tabor said:
Was there not possibility that Carr made
mistake? Could he not have been mistaken in
his belief that Weber bought weapon from
him? Gentlemen of the jury, have you never
mistaken one person for another? 1t is an
easy matter. as this little incident will show:
certain man was accused of having stabbed
a man In the back. He tried convicted
on circumstantial evidence and hanged. Sew
eral years after murderer about to be hanged
stated before he went to the scaffold that he
had committed the crime
Referring to the mental condition of
Adolph Weber on the night of the trag-
edy Tabor asked the jury to remem-
Der the terrible strain Weber must
have been laboring under that awful
night when he saw his home burned
and the bodies of his father mother,
sister and brother dragged from the
ruins. He pleaded with the jury to
carefully weigh every bit of evidence
and give the defendant the benefit of
any doubt
District Attorney Robinson, for the
prosecution, followed Tabor, Robinson
carefully traced the movements of
Weber on the night of the tragedy, and
after summing up the evidence said:
WEBER A LIAR.
This defendant would not answer questions
when he examined by General Webb. To
fifty-four of General Webb's questions he an
swered, 81 don't remember" He would not
tell the truth Jurymen 1 say it standing here
alone that the defendant is guilty. Jurymen
know you will do what is honest and fair, but
/ hope you will not be overcome by Attorney
Johnsons eloquence Either convict this de-
fendant of the dreadful crime of murder with
which he is charged or else turn him loose on
the community.
Fred p Tuttle, for the defense, COM
menced his argument late in the aft
ernoon. He said, in part:
The defendant sitting there is entirely guilt
less of this crime. He did not know his fam
| lily was in the house at the time of the fire.
We are only too anxious to find out who did
this horrible deed We anxious to bring
the perpetrators OF this terrible deed to the
bar of justice.
Mrs. Snowden. the nearest relative of the
murdered Mary Weber. has not played the part
she should in this terrible affair. Instead of
helping her nephew she has done all she could
bri, HI t., he he
claims the defendant bought a revolver last
July with the intention of numbering his fam
lily. They depict him as walking arsenal
marching around with gun, blackjack and
! brass knuckles.
So far as Henry Carr is concerned, his reputa-
ton has been proved bad witnesses have sworn
how ,,ciild helieXe him under oath Lei