The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-01-16
ARGUMENT OVER
BROKEN KNIFE
AND STICKPIN.
COUNSEL FOR TUCKER CLAIM
ARTICLES OUGHT NOT TO BE
ADMITTED AS EVIDENCE.
THE COURT ROOM WAS FILLED
EARLY THIS MORNING BY
ANXIOUS CROWD.
tBy PublIshers, Press.l

NI1y EECSS-1
BOSTON. Mass. Jan. LET de.
fense of Charles /. Tucker. charged
with the murder of Mabel Page, was
begun to-day. For two weeks the
government has presented It's side
OF the case to show that Tucker is
guilty of the murder. 1t has made a
strong case of purely circumstantial
evidence against the accused. To
day the fight to prove his innocence
Of the charge begun with an effort on
tho part of his attorneys to throw out
OF court evidence on the broken knife
and the stickpln. the FIRST of which is
claimed by the government to be the
instrument that caused the death of
Miss Page. and the second maintain
ed TO have been the property of the
murdered woman.
The defense will deny both these
allegations of the prosecution. but be.
fore the denial is entered. the con
tention that the two articles and the
evidence depending on them are not
admissible as evidence Will be argued.
The court room was filed long be-
fore $50 this morning. Most of those
who got seats We're women. When
court opened. James II. Vahey pro-
ceeded to argue his objections to the
introduction OF the broken knife in
evidence by the prosecution. He held
that the knife was improperly obtain
ed on search warrant by Chief Tar
box. of Newton. He asked the court
TO exclude the jury during the argu-
ment. but the court refused.
Mr.. yahey then said he would not
present his evidence in the presence
" the jury and said that he would
conserve the rights of his client by
exceptions.
Thomas F. vahey, junior counsel
for defendants. made the opening ar
eument. He declared that the com
monwealth had not sustained or prov
en- the points which they. at the out
sci. said they would prove
He defined the meaning of absolute
evidence and of circumstantial eyi-
dence.
yahey said that the defense would
prove that Tucker is not guilty of
the crime; that he owns the stick
iin: that the hand which wrote the
standards was not the hand which
wrote the "J. L. Morton" address;
that the hand which wrote the note to
FIR. Page. telling him that Harold was
inquired, was the hand which wrote
the Morton" address: that Mabel
Page. and none other, wrote that ad-
dress.
Mr.. Vahey declared that defendant
admits the ownership of the knife
sheath and said that explanation to
be made regarding it is simple.
Tucker had tried to pawn it and the
knife, but had failed, and afterward
haf placed both together in an ex-
tension case. AT the south station. he
opened the case, the knife fell out.
He picked it up and replaced It in
the suit case. The sheath he put in
his pocket That is all about the
sheath. Regarding the knife. Mr..
vahey said:
'It was only after having been un-
der suspicion several days, that,
frightened beyond description, Tuck
or broke the knife and put it in his
coat pocket and hung the coat on the
Goor knob of his room. This was
nine days after he had been exam
ined."
Counsel further said: I'VE will
prove that the testimony of DR..
Mead was incorrect We will proye
that the knife. such as the one the
commonwealth has offered. could not
possibly have inflicted the wounds
found on Miss Pages body"