The Providence news. (Providence [R.I.]) 1891-1906, 1905-01-16

THE EXAMINATION OF WlTNEssE
Just previous to the opening OF court
81 was decided that the argument on this
point should precede the beginning OF the
presentation by the defence and as soon
as court came In Attorney James II,
Vahey submitted TO the judges an argu-
ment against the admittance OF the knife
as evidence.
He said that the constitutional rights
OF the defendant were violated because
the search warrant under which the Of
f,cers found the knife In fuckers house
called for graphaphone.
Mr.. Vahey claimed that the officers ola
not look for a graphaphone, but confined
their efforts 10 looking for evidence
against Tucker. Thereby. he claimed,
they compelled the defendant 20 sur
render evidence against himself.
Attorney General Parker declared that
the case OF the commonwealth was closed,
with all evidence and exh.slts in, in
oluding the knife, and he was or the
opinion that testimony regarding the
knife could not be stricken from the evil
dence.
prolonged conference followed be-
tween tho attorney general. Mr.. Vahey
and Judges Sheldon and Sherman, copy
Of the search warrant ia question being
examined closely.
At the conclusion OF the conference the
decision OF the court was not announced
and Attorney Thomas +. Vahey began
his opening argument. He STOOD close 10
the Jury box and spoke, with much en-
phasis.
OPENING FOR DEFENCE.
al.. La
the future OF this prisoner. IL rests with
YOU 10 say whether he shall live or die.
Let your duty be performed so that when
Won return to the welcome OF your walt
ing families there shall not creep into
your minds any regret. Let there be no
accusing doubt or fear that your duty
has not been performed.
Mr.. vahey then discussed at length the
nature OF circunls tantial evidence, and re-
minded the jurymen that 'the chain or
circumstantial evidence Is no stronger
than its weakest link"
before you can decide against the de-
fendant." continued Mr.. Vahey there
must arise In your minds a certainty that
this defendant and he alone is guilty or
the crime with which he stands charged.
III YOU send this boy 10 his death the evil
deice must be such that you can look
hack after the trial and say: i have per-
formed my duties honestly and well
UP no THE GOVERNMENT.
You cannot ask us who committed this
crime II Tucker did not. IL remains Tor
the government TO prove him guilty.
I'VE might well rest our case here "
we aid not wish you 10 know just what
he was doing on that day. We shall
Aemonstrate beyond all reasonable coubt
that this boy was not guilty OF this crime,
because he did not have the opportunity
10 commit IT, We shall introduce evil
dence to prove il absolutely impossible
for him to have committed H.
Surgeons, according 10 Mr.. Nahey, Will
swear for the defence that II was Inn
possible for fuckers knife 10 have caused
the wounds In Mabel Pages body, and
further. that from the nature OF Miss
Pages wounds. she could have lived much
longer than the prosecution claims. The
"J l., Morton" address, he said, will be
disposed OF by the defence proving that
Mabel Page wrote Il. IL will be shown
that Tucker cut his finger at the theatre
and later while chopping wood and some
OF the bloodstains on his clothing Will be
accounted for by these cuts. Some OF the
bloodstains the defendant could not ac-
count for, ami he would not try TO ae-
count for them all.
The route taken by Tucker on the day
Of the murder was traced by Mr.. Nahey
on the map hanging in the court room
and the time consumed was explained.
Counsel declared II was impossible FOR
the defendant to have stopped al the Page
house even for a minute. The pin. which
has been identified and which Miss Amy
Roberts testified was the property OF Miss
Page ne said belonged 20 Tucker.
fuckers wife found it in Portland two
years before and gave % TO hiu.
ASKS FAIR TREATMENT
The knife sheath Mr.. vshey considered
Of no Importance. Tucker had Il with
him In his pocket on the day OF the
murder and dropped e. The knife was
fuckers but the blood on IL did not
come from the body OF Mabel Page and
he could prove II beyond all doubt
In closing Mr.. Vahey said he wished
20 ask only one favor OF the jury and
that was that the fair treatment accorded
the prosecution be extended 10 the de-
fense.
TUCKER DEEPLY INTERESTED.
Tucker showed the deepest interest in
The argument Of his attorney Leaning
forward In his chair apparently that no
word might escape him be gave marked
attention. At the conclusion, as Mr.
vahey was calling for fair play tho de-
fendant's eyes gistened and a fush swept
over his face. With the closing words
however. his interest In the proceedings
Apparently vanished
He settled back In his chair and after