Los Angeles herald., 1908-05-22
M'COMAS TO BE
Ills OWN WITNESS
SLAYER OF MRS. MOVES WILL
TELL OF SHOOTING
MAY SHOW HE WAS ENTIcED TO
HOME OF WOMAN
Prosecution Rests Its Case and At
torney Rogers Outlines Testi-
nony In Behalf of
Client
toonlInuea from pase one,

CONTINUED from Page Onel
that the defense had no objections
to DR.. Campbell using his notes and
would accept his qualifications.
state the result of your examination
of the body OF Mrs. Noyes to the jury
said Attorney Horton.
Followed detailed description as
asked for by the attorney. During the
reading of the autopsy the word zero
sion" was used many times by the doc
tor. At the end of the reading At
torney Rogers brought to the mind OF
the doctor very forcibly the fact that
during the preliminary examination.
before the coroner, that the word
burn had been used on several oc-
easions and he wanted an explana-
ton of why the testimony differed.
1.-THE words erosion and burn is
synonymous to my mind replied the
doctor.
Many Objections Made
Many objections were made by the
prosecution during the cross-examina-
tion of the Witness particularly so
when Mr. Rogers asked the witness TO
use a pencil and mark correlatiye
places upon the arms and hands of Mr..
Rogers so that he could show them to
the jury. The objection of the prose-
cution was not sustained.
IT was brought out through verbal
testimony of the doctor that the burns
upon Mrs. Noyes' head might have
been caused by what he termed a
return spray" Asked to explain what
he meant by return spray, he used the
illustration of the ocean breaking upon
the beach and how the spray splashed
back as the wave breaks, stating also
that he thought acid might have been
thrown by her upon some body or OBJ
ject and spashed back upon her face.
as she might have been standing near
the object.
Mr.. Rogers sought to elicit from the
witness an affirmative answer that the
burns upon the woman's hands might
have been caused by acid being spilled
from the cup as the woman threw II at
MeComas. At the same time Mr.. Rog-
ers used a tumbler of water to Illus
trate to the witness and to the jury
exactly what he meant. The answer
was not allowed to stand. however, as
the prosecution made strong objec-
tions to the illustration and to the
questions.
On cross-examination the prosecution
sought to contradict the statement of
the witness that in his opinion the wo-
man must have been standing up when
tho return spray" struck her face
After some keen questioning on the
part of Mr.. Fleming the witness said:
THE head at any rate was up" This
statement pleased the prosecution, as
the audience saw from the smiles that
covered The faces of the two attorneys.
Their expressions soon changed. how
ever. when Mr.. Rogers, also with a
smile upon his face, walked over to
the witness and read to him the testi-
mony given at preliminary examination
upon the same question at Issue.
Prosecution Objects
Strenuous objections by the prose-
cution were of no avail, DIR. Campbell
admitting that the testimony read to
him was true and that he had not I'M
derstood the question of the prosecut-
ing attorney clearly. The answer stood
that 1.-The woman must have been
p standing up when the acid struck her."
Mr.. Rogers also brought out that the
condition of the woman at the autopsy
showed that she had the rudiments of
a disease which caused her to be high
strung, irritable and nervous, without
herself knowing the cause. Especially
is this true of woman of her age"
said the doctor.
Don't you know. doctor, that people
who are shot sometimes take a few
steps before they fall?" asked Mr..
Rogers.
yes" was the reply.
Some, considerable distance. don't
they?"
II have known them to after being
stabbed. but do not recoliect of any
one ever being shot and then walking"
AT this point MT Rogers sought to
remind the witness of case of man
opening window after being shot
through the heart but was stopped by
the objections of the prosecution.
Mr.. Fleming dismissed the witness
after the statement of the latter that
the burns upon the woman were all
made before rigor mortis set in.
officer Mckenzie Testifiss
Samuel Mckenzie was the next wit
ness called by the defense. He stated
that he lived at s72 East Ferty-seventh
street. Also that he is police officer.
Door Exhibited
Under the questioning of the prose-
cutting attorney he told of what he
remembered of the night of the MUIR
der. SO called. He testified to the fact
that McGomas had to be led by him
into the wagon from the house of the
woman. Also that he was the man
who searched McComas at the police
station. That he took McComas' collar
off at the station, and described the
condition MeCcmas was in ON the night
of the murder. He was asked to iden-
tify pair of glasses said to have been
taken from McComas at the station
house,
On the DISCRIMINATION of McKen-
zie Attorney Rogers an objection was
made to almost every question that
the attorney asked, This made Rogers
angry and hot words passed between
COUNSEL until Stopptu ny the Judge.
After a couple of minor questions by
Mr. Fleming, the witness was dis
missed.
DR., Campbell was recalled and the
bailiff reported that the doctor had
left the building.
McComas has claimed that only two
shots were fired at the time Mrs. Noyes
was killed. The first being aimed too
high, to scare Mrs. Moves, and that
''she ran right into the second bullet
and 1t went clean through her"
Mr.. Rogers has maintained that an
other bullet was fred from larger
caliber pistol than that of McComas',
and stated In the court yesterday that
a bullet hole in door at the house
where the shooting occurred had been
enlarged, intimating that the parricu-
lar bullet had been fired from a smaller
pistol than McComas'.
Hole in the Door
To refute this statement the door
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