New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-07
SIMPSON CASE NEAR END
WILL 60 TO JURY TO-DAY.
Defence Makes Strong Plea for
Prisoner IN Summing Up.
IBy Telegraph to The Tribune.I


Riverhead, Long Island. Feb. CDR. James
". Simpson will probably know by tomorrow
noon what the Jury thinks about the death OF
BARLEY T. Horner, the prisoners father-in-law-
Mr.. Horner was killed at his home in Northport
! on December 81 1909. The case closed tonight.
except for Judge KeIly's charge to the jury. The
case Is expected TO go TO the jury at 10 o'clock
tomorrow morning.
The defence and prosecution occupied the
greater part Of the day In summing up. Mr..
Manton, the prisoners counsel, made a strong
plea for DR.. Simpson.
I'm this case I have tried hard TO discover
what the prosecution is advancing as the mo-
tive" said Mr.. Manton, "but thus far I have
been in the dark There is no evidence in this
case Of Barley 7. Horners determination to
make will. They have not put Mr.. Miles, Hor-
ner's own lawyer on the stand 20 put In evil
dence will.
Three stories have been related to you about
quarTels supposed to have occurred between
Homer and Simpson Mrs Horner tells one
Mrs. Simpson another and Marion Walsh still
third. Either these are all lies or one is true
You must throw them all out. Now. in the alb
sence Of motive, the court will charge you that
generalization cannot be shown This man. who
was playing around with his wife and dog. could
he premeditate while doing that? Listen to this:
Simpson loves him so much. that both Of them
would send him to the electric chair. This wife
has allowed him to remain behind prison bars
for year. has turned over to the prosecution all
the facts which they claim to have and has done
all she could to have her husband convicted.
That is the way she loves him That is the
love of a true wife for her husband.
Last night, for the first time, Mrs, Simpson
told US how DR.. Simpson raised the barrels of
the gun to the light and looked through them.
Why does this wife, who loves her husband so
much, inject this testimony. which is admittedly
one OF the leading points for the prosecution,
into the case at this eleventh hour? Is It through
love for her husband2 There is no evidence that
these shells were taken from any other place
than the Horner home. until we showed that
the shells here on exhibition were not those in
the gun when the accident occurred. DR.. Frank,
who sets SO day a gun expert, goes on
the stand and stamps his mother a perjurer.
his brother a perjurer, stamps his own flesh
and blood.
What object would Mrs Frank have in COM
Ing here TO prove her son a liar? Would she
contradict him unless what he said untrue
her son, the son whom she bore? Mrs
Horner's statement that the shells on exhibition
were the same those IN the gun when il was
given 70 the District Attorney is entirely con-
slstent with the statement of Mrs. Frank and
her son, Samuel, because It was acknowledged
that DR.. Frank replaced the shells in the gun.
Mrs Horner admitted that she knew nothing
about the shells
District Attorney Furman. In his summing up
went over the case and tried to show that DR..
Simpson guilty OF cold. deliberate murder
That he Will be satisfied with conviction with
out regard TO tho degree Mr.. FurmRn made plain
We have been" said Mrs. Simpson tonight,
on behalf Of herself and her mother, 'misrepTe-
sented as vinoictive. and We have been credited
with wishing 70 revenge upon Or. Simpson the
death OF my father As a matter OF fact, our
q
neither prosecuted nor prosecuted my husband.
We have never volunteered anything. but have
always been forced 10 testify. We have always
been under subpoena, and we have sought always
TO tell the truth and stick strictly II without
any embelNshiug Of IT, We have simply stated
facts a recall them, and that the case
is practically closed I VIII say this: The public
has no idea what We have had TO put up with IN
regard 10 DR.. Simpson. 7 mean before this ar
fair and independent of II. II all the facts were
told 1 do not think could be blamed for being
at least unfrieudly in feeling for him"