Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-03
INSISTS
CRIME WAS PREMEDITATED

Mr. Baker, after declaring that il
was the old story of home-breaking
and destroyed hope, made the point
, that the crime was conceived at salt
Lake City. Mrs. Bradley" he said,
called at the Ebbitt House in this
city, for her mail which showed she
had left directions to have her mail
| forwarded from salt Lake, and there
! fore she purposed coming here when
! she made the trip from salt Lake TO
| Ogden" He said the revolver she car
ried to Browns hotel room here just
before the tragedy was meant for
Brown.
He referred to the pathetic fea-
lures of the case and hoped the jury
would cast aside all sympathies and
its verdict would emphasize the fact
that immortality is not at a premium
in the District of Columbia.
Mr.. Baker closed at 3:14 p. m.
There was an intermission of five
minutes. Then, by permission of the
court. Attorney Hoover, for the de-
fense. replied TO the new point re-
garding the forwarding of Mrs. Brad
ley's mail TO this city. Mr.. Hoover
read from the testimony 10 show that
Mrs Bradley. on the eventful trip she
made from salt Lake. en- route to Los
Angeles, stopped off at ogden and
phoned her sister at Salt Lake she had
changed her mind and was going TO
Washington. Mr.. Hoover said the evil
dence showed that when she left Salt
Lake she had no intention of going TO
Washington
At 3:2b p. m. Justice Stafford be-
gan his charge to the jury. He
pointed out the circumstances govern
ing the different verdicts which
might be rendered He asked the jury
to first look at the case outside of the
question Of insanity. He said the jury
should determine whether she said in
telligently and understandingly that
she shot him. and whether she actual
~ said she was justified in so doing,
as far as any one could be justified.
The jury was TO consider the evidence
as to whether she made threats as
bearing on whether she fired the shot;
and whether she. in fact shot Brown,
and death resulted therefrom; how
she came to do the shooting and how
ii was done. He said there had been
no argument that she fired in self
defense that Of course, when one
takes life In self defense II Is justifia-
bic II the jury had reasonable doubt
whether the shooting was In self-de-
fense, the defendant should be held
not guilty. "as there Is no direct evil
dence as 10 how the shooting did oc-
cur" said the judge. Il simply call at
tention to this as a possibility that
might be considered"
The court also suggested the con-
sideration OF the possibility Of acci-
dental shooting. II she was not try
ing to use the pistol to do any harm
TO Brown or herself the pistol dis
charged accidentally. she would not
be guilty. NJ she was making unlaw-
ful use Of the weapon and the pistol
discharged as a consequence and
death resulted therefrom. u would be
manslaughter.
II Mrs. Bradley went 10 Browns
room to shoot herself. and Brown
rushed 10 prevent her from shooting
herself and the pistol killed him. she
would be guilty of manslaughter and
nothing more. The court also suggest
ed the possibility that Mrs. Bradley
may have been mcnacing Brown 10
awe him into marrying her. but with
out intending to shoot him. but that in
trying 20 prevent What he thought was
her purpose 20 shoot himself. he was
shot and killed. the Judge said that
would be manslaughter.
The court also suggested that Brown
might have rushed toward her and
the circumstances Of their relations.
and the way he approached her and
the pr0vocatinn may have been such
as 20 shake any ordinary judgment
and she fired, even intending to take