Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-13

Though GiIbert's case had ended sooner
than | expected Barstow was evidently
prepared for his announcement. TOT ne
sprang to his feet as he heard X ana ad-
yanced to the rail with memorandum IN
his hand.
IF the court please" he began. II request
your honor to instruct the jury to render
verdict of acquittal in this case There Is
not sufficient evidence Of the defendants
guilt to raise any question for the jury. No
verdict except not guilty could be sup
ported by the facts submitted by the prose-
cutor. The circumstantial proofs wholly
fan to make out the case required by law.
Indeed, there Is not word of testimony
connecting the defendant with this crime.
1t has not been shown that she was seen
In or about Mr.. Shaw's study on-the night
OF the crime. On the contrary, it has been
demonstrated that she was in a different
and remote part of the building at the
time he met his death 1t has not been
proved that the threads of cloth left in
the canuie-grease belong to any dress
Ia her possession, and their identified
ton with the skirt she gave the Mapes
woman is not sufficient TO create any pre-
sumption against her. But If 1t had been
demonstrated that she wore a skirt match
ing the threads on the night of the murder.
ana II her opportunity to commit the crime
stood undenied. there would still be an en-
IRE absence of proof upon the all-impor-
tant element or motive. The only sugges-
IN the statement of one witness to the eff
feet that high words passed between Mr..
Shaw and this defendant on the night of
MS Death The idea off predicating an ac-
cusation of murder--to say nothing of
Verdict OF guilty-on such testimony is
monsttous. Everybody In this roem l sup
pose. has had high words at one time or
another with somebody We have come to
pretty pass, indeed If high words neces-
sariiy imply murderous thoughts, and MUIR
derous thoughts necessarily imply murder
Gus action! We We're told i'll the prose-
cutors opening that robbery WAS the de-
fsndantS motive, or. at least he ind Gated
1t as one of her many motives. According
TO my learned friend she plotted to marry
Shaw for his money, and, failing in this,
she forged Will. hoping he would kill him
self, and it WAS the discovery of this for
gerry which caused her to take her en-
ployers life. We have listened 10 hours of
testimony along these lines, and at the end
OF them all what do we find? There was
no robbery. There was no forgery. Mr..
Shaw had not refused to marry his secre-
tary-she had declined to marry him. But
they had had high words. That IS the sum
and substance of the whole mater. 1t
would be laughable If it were not so seri-
Gus. But II needs no comment. | desire.
however, TO call attention to the fact that
only one witness teStifies concerning these
vague high words, and 1t is proper to con-
slider who and what that witness is. When
the prosecutor told us in his opening that
we would find Alice Emory in every dark
corner OF this case. | assume he must have
meant Madeleine MapeS. Listen at the doo.
of Shaw's study and what do you hear?
quarrel between Shaw and Miss Mapes-
quarrel between a faithlesS lover and
discarded woman. No high words. but
plenty of bitter hate there. Look through
the window of Miss Emory'S chamber Oh
the night of the murder, and whom do We
find occupying the room so conveniently
situated next to Shaw's study? Madeleine
Mapes. Draw aside the curtain of her closet
door and what do you find? A blue cloth
skirt belonging to the Mapes womanI
Open the furnace door, and what do you
see? The charred remnants of her telltale
skirt. VIII you credit the word of this
female Judas. who swears eternal friend
ship for this defendant in one breath. and
tries TO swear her into eternity with an
other? I denounce her. l denounee her
publicly, and in the name of the law. II
Mr.. Barstow.
1 started as Miss Emory uttered her
counseIs name and turning l saw her
standing by her chair. her face flushed
with anger, her arms extended rigtdly, ana
her hands tightly clinched. BarstOw paused
for an instant, but took no other notice of
the interruption, and before he could con-
tinue Judge Dudley interfered.
Counsellor" lie began, 1T is only fair TO
say that l have fully determined to allow
the jury to pass upon this case P4ease-
state your motion as briefly as possible,
and I will deny it. and give you the beneht
of an exception,
BarstoW regarded the speaker with IN
dignant establishment.
s:ro you mean to decide this vital cues
ton without hearing me? he demanded,
fiercely.
The judge frowned at the offensive ques-
ton and his protruding lip twitched sug-
gestively. but he maintained dignned
silence until he controlled his voice.
Il have heard you, SIR he responded at
last. But nay mind is made up, and you
can't change it, This case has got to go
to the jury, and you may as We'll under
stand it one time as another.
honor takes n reSDOESt Bill itS-
and
The old jurist interrupted the speaker
with an impatient gesture.
II take grave responsibilities every day
sir" he retorted, land up to date L have
been equal to them. Stenographer, have
you recorded Mr.. Barstows motion. ana
the grounds upon which he bases IT.? he
continued sharply Yes? Very we'll then.
Motion denied and exception granted. Now,
counsellor, J. will allow you to open TO the
jury tonight. II You desire, but propose to
adjourn court soon you have finished
your address.
Barstow threw his papers upon the table
End pushed back his chair.
'You may adjourn now. as far as l am
concerned he rnutte-ed. Il shall make no
address to the jury.
Judge Dudley looked up sharply from his
minute book as he heard the announcement,
and nodded with calm dignity.
LAS you please, sir. he observed. Are
you prepared to begin the examination of
your Witnesses
II shall call no witnesses"
The response was curt, decisive and chai-
longing and an audible murmur of aston
ishment swept over the room. Judge Dud-
ley's face betrayed no surprise, however,
as he met the lawyers defiant stare.
You rest?" he Inquired, imperturbably.
Before BarstoW could reply the defend
ant suddenly moved forward and clutched
his arm. He turned TO her with a frown
of Impotence.
please take your seat, Miss Emory" he
muttered Il cannot be interrupted now..'
You must be-.
The words were plainly audible to the
jury and the lawyer reluctantly yielded.
Your honor Will grant me moments
indulgence" he inquired over his shoulder
as he moved away.
The Judge nodded and every eye in the
room centered upon the lawyer and his eli
ent as they began a whispered consultation
which grew more and more animated as IL
proceeded, Miss Emory speaking rapidly and
forcibly and Barstow replying with equal
determination his head shaking from side
to side and his lips scarcely moving as he
uttered his impatient replies. | had no.
ticed the defendants eyes when l had
first seen her. but until | watched them
during this conference 1 had no idea of
their beauty. Indeed her whole appear