Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-07
xxi.

remain where Ut. mdc14tdIi iido tcAt ~ 49,
made no immediate effort to reinforce his
case against the defendant on that point
But If he believed the testimony had made
any very strong impression upon the au-
dience / had reason to think he was mis-
taken as far as the jurors were concerned
The fact of murder had been established
and the defendants opportunity to commit
it stood demonstrated beyond all reason
able doubt But the proof of her motive
scarcely justified more than strong sus-
picion and | did not believe there was
man on the jury who would have decided
against her as matters then stood. Indeed,
/ was convinced that Barstow could not
only acquit the defendant, but expose the
guilty party if he grasped his opportunities
and l resolved that the case should not re-
main a mystery if L could help 1t.
The prosecutor began the afternoon pro-
ceedings by producing an affidavit maze by
Mr. Shaw in real estate TRANSACTION q rev
weeks prior to his death. In which ne
swore that he was an unmarried man, ana
l Immediately saw We were entering upon
a rev phase of the case
Barstow made no objection to the proof
proposed On the contrary, he offered to
admit that Shaw was unmarried at the
time of his death, if the prosecutor thought
the fact essential and when Gilbert de-
clined to take advantage of the admission
he protest I'd against his opponents waste of
time. Indeed. from that moment Barstow
began to hurry his adversary and con-
TIMED to press him at every poSS OPP
portunity. Gilbert no sooner placed wit
ness on the stand thln Barstow was at his
heels wanting TO know what he expected
to prove by the testimony, and onerIng 10
concede all an examin ition could possibly
disclose. But though the prosecutor never
awaited himself of these repeated propo-
st.ons to shorten the trial, Barstow inva-
riably managed to anticipate the testimony
4 G,,n llyr
heard 1t from the witnesses 1t seemed stale
and uHmportant.
Did Gilbert desire to show how Mr.. Shaw
had disposed of all his property and turned
it into cash, or its equivalent and deposited
it in a Venezuelan hank in Alice Emory's
name? The testimony would reveal
what he wanted to proven" OF
course it would. But why waste time taxi
ing testimony to prove what was indis-
putably true? Hadn't he fairly stated all
Gilbert could extract from any witness
to the deposit in the Venezuelan bank?
Was there anything more to 1t than the
prosecutor had outlined In his opening
speech? 3 No? Very WELL then.
There was use piling UP proof to estab
fish what the defense was willing to con-
cede, and ii would concede the foreign bank
deposit in Miss Emory's name, and any
other little details which the prosecutor
deemed essential.
A. last Gilbert turned upon his tormentor.
'If my learned opponent is so anxious to
expedite this trial. he exclaimed, .'let him
admit that the defendant knew of the se-
curities deposited in EeneZula in her name,
and l will accommodate him.
Harstow regarded his adversary with an
expression of scornful contempt.
Il offer to concede facts-not fancies," he
retorted
My proposition has reference to fact"
"It has reference to a breezy fancy born
in the wind-swept cavern of your mind,
sirr'
you away. Barstowi''
Now, gentlemen
The audience was rustling with excite
ment as the judges admonition parted the
combatants, and 1t was some moments be-
fore quiet restored.
Then Gilbert took up his interrupted ex-
animation and speedily succeeded in estab-
fishing the identity of the securities de-
posted in the Venezuelan bank in Miss
Emory,s name, but all his efforts to fol-
low up this proof were frustrated
Again and again he returned to the
attack, anil 1 could appreciate the vital
Importance of the position he was attempt
ing to carry. If he could prove the defend.
ant knew of valuable property which had
been intrusted to her keeping the motive
for the murder would be only too apparent
BarstoW' however was keenly alive to the
peril of the situation. and met every on
siaught with vigorous objections which
hurled his adversary back to the conceded
lines.
~ idol inc prosecutor aDdHuOued the task
and began a new assault. In quick success
sion he offered a number of letters in evil
dence, but again Barstow opposed him
tooth and nail. and one after another the
proposed exhibits We're ruled out by the
judge, and not one OF them came under the
observation Of the jury. Indeed, so closely
did Barstow mask the identity of this cor
respondence that Gilbert was not even per-
mitted to tell who wrote the letters or who
received them. and for some time l had
no idea of what he was attempting to prove
FINALLY, however, l remembered his claim
that Miss Emory had desired to become
Shaws Wife, and had threatened him with
exposure when he had refused to comply
with her wish. and l concluded that the
prosecutor was unsuccessfully attempting
to substantiate this part Of his opening
speech.
Although his moves were renestedlv
checked and turned, Gilbert stuck dogpedly
to mis- task, displaying wonderful resource
fulness and ingenuity. Once or twice he
seemed on the verge of success but Bar-
slows stubborn resistance ALWAYS Dreyailed
in the end, and left him master of the SIT
uatlon. Indeed, the fight continued so long
Wilhout advantage to the prosecutor that it
grew monotous, and at last some one In the
audience laughed. Instantly the LAWYERS
race darkened with anger and as he
turned to the sound 1 saw his eyes rest for
a moment on Barbara Frayne. Her express
SION was perfectly grave, but I could see
the color mounting to her cheeks as Gil
bertS glance passed her and swept along
row after row Of faces until he had in
sspected every person in the room. When
he turned to the bench again he appeared
more severe and determined than | had
imagined he could be-
Your honor" he began, 81 have endeav-
ored to conduct this trial uD to the present
time without formality, but at this point /
must request the court to exclude all wit
nesses from the room"
Barstow rose and stared at the sneaker
with astonishmen.
Isn't It rather late IN the day for NV
friend to make this request?'' he INQUIRED
OF the court. rs he going to call any more
witnesses? II not. protest it is not cour-
teous to exclude my witnesses when | did
not exclude his
There IS no Use protesting, counsellor
The request Is entirely proper, and l shall
grant 1t. All persons under subpoena In
the case of the People against Alice Emory
VIII retire to my private room and wait
there IN charge of an officer until the, arc
called upon to testify"
general movement began from all
parts Of the room as the judge ceased
speaking. and then for the first time I
noticed that Miss Mapes and Betty Field
had been seated near Col. Frayne and his
daughter. and the three women exchanged
few whispered words before the house
Keeper and her companion rose and walked
toward the door through which twenty or
more persons were being herded by the
court attendants