Los Angeles herald., 1905-02-17
AYERS WITNESS
WAS INSTRUCTED
ATTORNEY SAYS TESTIMONY
WAS DIRECTED
Final Arguments In Murder Trial
viii Be Presented Today and
the Case Will Go to
the Jury

Final arguments in the trial or =. -
Champion, who Is charged with the
murder of his brother, will be made
in Judge Smiths department of the
superior court this morning, and at the
conclusion of the Judges instructions
to the jury the fate of the Alabama
mountaineer will become the subject of
deliberation by the jury.
At the opening of yesterdays pro-
ceedings Attorney Will d. Gould, in be-
half of the defendant, charged Sam
Champion, the son of the deceased
Champion, with having directed the
testimony of Miss Myrtle Champion,
his sister, while she was on the wit
ness stand on Tuesday.
He presented his charges to the
court in the form of affidavits and he
asked the judge to remove the young
man from the court room.
The attorney insisted upon reading
the affidavits that they might be in
corporated into the record of the court,
but the action brought objection from
Deputy District Attorney Donnell.
Attorneys in Wrangle
The district attorney strenuously OBJ
iected to the reading of the affidavits,
and after wrangle, which lasted for
several minutes, Judge Smith sus-
tained the district attorneys objection,
and ruled the affidavits out
IF those charges are true" said
J,aoo es,,,itl, sa;t would ha contenopt of
court, and if Sam Champion or any
one else attempts to direct a witness
on the stand, 1 will deal with the Of
fender in a summary manner"
At this point the proceedings waxed
warm, and Deputy District Attorney
Donnell moved the court to expunge
the charge from the record, saying that
they had been prepared mainly for
effect
Attorney Gould entered fiat de-
NAL to the last statement made by
the district attorney, whereupon Judge
Smith took a hand in the proceedings
and ordered the attorneys to proceed
with the case.
In rebuttal of the character evidence
introduced by the prosecution Wednes-
day. Attorney Gould yesterday called
a number of witnesses who testified
that the general reputation of the de-
fendant in the community in which he
lived, for truth and veracity, was
good.
The defense then rested its case and
Deputy District Attorney Donnell, in
behalf of the prosecution, began his
opening address to the jury.
"No Evidence" He Says
"The defense has introduced no evil
dence whatsoever in this case, and all
you have to do is to retire to your
jury room and return your verdict,
and pray God to have mercy on his
SOUL" was the opening remark made
by the prosecutor.
The defendant bent forward in his
chair, as if to catch the significance cf
every statement uttered by the district
attorney. Mrs. Jennie Champion, the
defendants wife, was vsibly affected.
Major Donnell insisted that the evil
the most part corroborated the testi-
mony introduced by the witnesses for
the prosecution.
He then passed at some length upon
the testimony given by Miss Myrtle
Champion, the 1S-year-old daughter of
the deceased. and said;
Calls II Horrible Crime"
81 think this is one of the most
chastity and horrible crimes that have
ever tended to stain the record of this
community"
He eulogized the wife of the defend
ant in no uncertain terms. and declared
her to be one of the most faithful
women he had ever seen.
"Driven from her home" said the at
torney, "by the abuse heaped upon her
by that ungrateful man. this faithful
woman comes into court and remains
by his side, and no doubt she will fol-
low him to jail"
Attorney Gould commenced his argu-
ment in behalf of his client shortly
after O'Clock yesterday afternoon,
and in a speech lasting over two hours
he replied to the argument made by the
district attorney.
This morning Attorney Gould will
present the defendants side of the case.
at the conclusion of which Major Dom
nell will make the final address in be.
half Of the prosecution.