Los Angeles herald., 1908-05-22
PROSECUTION RESTS IN MURDER TRIAL

her on the car and that he said to her,
Why, Dot, what are you doing out at
| this time of night We will attempt
! to prove that she refused to go home
unless McComas went home with her:
! that she gave as her excuse that some
| body had tried her door twice during
| the week.
I'VE will try to prove that he went
| home with her and went to the parlor
| took off his coat and hat and sat down
| and talked to her, trying to show heI
that she was losing money in the
system she was following at the
| track. That she got up, went into this
| (pointing on charD living room and
| McComas thought she sat down at this
desk (pointing on charD.
I'VE will attempt to prove that Nc
| Comas got up and walked into the
kitchen to get drink. That there was
| no light in the house except a little
lamp In the room where they were
| sitting; that suddenly out of the dark
| ness, for no one whom he saw, from
where he knew not, there suddenly
| flashed this acid. We will attempt to
prove that 1t covered his face and got
in his eyes and ears and burned him to
| the point of desperation. That Sec
ond dose Of liquid was poured over
him and then another and still another
1--WE will try to prove that he is a
western man; that he was born in q
country where men are used to carry
ing guns. We will attempt to prove
that he had no more intention of killing
Mrs. Noyes than anybody. We will try
to prove that he was blind and deaf and
that he drew his gun and shot, but that
he did not know that 1t was Mrs
| Noyes whom he was firing at.
| I'VE will attempt to prove that Mrs
| Noyes had told a woman on several
| occasions that she would yet burn Nc
| Comas' eyes out. That she knew the
power of sulphurie acid and knew the
penalty for her aeed, laying her plans
accordingly.
Mccomas to Testify
1.-THE defendant will go upon the
| stand himself and state all he knows
about the affair and will not take any
| advantage of any rule which might
excuse him from this ordeal.
I'VE will also attempt to prove, gen.
tlemen of the jury. that many of the
officers who have testified In this case
have been guilty of an absolute OF
perjury; we will attempt to prove this
by comparison of our testimony"
The first witness for the defense was
w. H. Lyford, who was called to the
stand at exactly o'clock.
He stated that he was lawyer an6
resided in Chicago. He testified tc
| knowing McComas about six years ago
He told of injuries which the defendant
| had received at that time and of how
he was nursed by his wife.
Mrs. Mary L. Layford was called
next. She corroborated the testimony
of her husband as to the injuries Of
| McComas six years ago.
Dr. Huff of the receiving hospital was
| the next witness called. Under the
| questioning of Mr.. Rogers he told OF
appearance of McComas the morning
after the killing of the woman. He
| was severely cross-examined by Mr.
Horton. but the testimony remained
mistaken.
DIR. II. B. Ellis of Los Angeles wa,
called next and testified to having
treated the defendant for eye trouble
and also showed the jury where ths
burns were on McComas' ear, using Mr.
MeComas to illustrate.
DR.. Huff was then recalled and Mr.
FRogers started to show the jury b,
DIR. Huff the effect OF water beinl
mixed with sulphuric acid. The prose
cution objected, however, on the groun'
that they did not know whether tn
defense was using sulphuric acid o
not. Mr.. Rogers protested agains
"such foolishness" and stated that h
was not here to lie to the jury
The objection was sustained, however
and the experiment held over till mex
session. thus affording the prosecution
time to test the liquid offered by tn,
defense.
The court adjourned at o'clock unit
Monday morning at 10 o'clock.