The Washington times., 1905-05-02

TO prove that statement by was not
called. The witness was called in the
last trial. and It was proved. With that
exception | know Of no statement 1 have
not proved
The prosecutor told the jury. of their
, duty in their deliberations. They were
10 Judge Of the facts in the case and
cnly to tell the court whether this de-
fendant killed Caesar Young.
Rand spoke Cf the men Of science Uno
Eaade a supposition and then tried TO
find If all the facts fitted 70 the sup
position. If that supposition failed 20
satisfy every fact il was discarded and
another proposition.
The Case Set Forth.
In sucn manner we VIII try this case.
There are one or two things. either
Young shot himself or this defendant
shot him. We viii assume, as Mr.. Levy
says, that Young shot himself. II
Young shot himself IN a cab then Young
must have procured TIE revolver. II
Young did not procure the revolver then
Young did not shoot himself.
Now, is this not the peoples easeg
Now. this revolver was bought on June
3 at the pawnshop OF Hyman Stern
Now. some time between o'clock on
that day and S:45 the next morning
Young must have gotten that revolver.
But have We not accounted for every
minute of Youngss time Gn June 80 He
Old not buy that revolver
IF this defendant had given him that
revolver that night 1t would be very
easy TO prove. That is not unreason-
able. The next morning Young left his
house at 7:20 and met this defendant a
little after o'clock. In that interim
ne got his breakfast, got shaved, and
went down to Columbus circle.
THAT morning the expressman came.
and Mrs. Young went through his clothes
and found no revolver. Now, there is
one reasonable conclusion can be reaeh-
81 Caesar M sa6 F-}z-4f
revolver before he entered the cab.
Rand Uses Revolver.
II this is true. and it is, Caesar Young
! never committed suicide.
! IF Young committed suicide. then he
must have taken a position to enable
! him TO commit suicide I viii show you
| with this revolver that he could not.
Mr.. Rand showed to the Jury the
peculiar mechanism of the revolver
which made il necessary TO press a
button on the handle Of the weapon at
| the same time pulling the trigger and
! declared that If the jury could take the
revolver and shoot themselves as Young
vas shot they could set the girl free.
The prosecutor took UP the testimony
! of the doctors and said the undisputed
fact WAS that the bullet which killed
Young was not DETECTED. Placing the
coat of Young upon post Of the jury
| box, and with the exhibits of effects
/ OF pistol fire, he drew the attention of the
/ jury 10 the likely distance that the re-
/ Volver was held when discharged. Rand
| spoke of the early statement OF Dr.
% Hanlon that there were powder marks
| on Youngis fingers,
Now we viii S.ssume that those two
| specks We're powder marks, and tnat DR..
O Hanlen Sraelied powder Why, O'Han-
| lon is doctor. AS a builder OF theories
he is failure He would fail if he was
| sent out to catch rats,
Why would not his hands smell Of
powder? What would Young do when
| he saw the light of murder in this girls
eyes? Why, ne would throw up hands
| to ward off the pistol. and. now, why
not the smell Of powder and specks on
| his hands?
Now there is a second test of the
suicide theory. And it fails. Now. where
| was this revolver found? In the mans
! right hand coat pocket. Let Us use our
| common sense Think of IL Shot his
spine in two; shot his lung in two.
| Leyy's explanation was that it was The
| reflex action of the muscles after he
was found in the pocket is inconsistent
with the theory OF suicide
"A man who committed suicide at
some time or other has d suicidal intent.
This is a common sense proposition.
| Had Young 4 suicidal intent2 Has any
thing been shown To substantiate any
| theory that he purposed taking his life?
the fact that Young was tired OF this
| alliance and that he tried 10 break it
off Now | wonder if the one hundred
odd letters. which Mrs. Smith said she
| found iii Nan Patterson's trunk ana
gave TO Mr. Levy, had anything to d9|