Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-05-29
M'COMAS MAY
KNOW Ills FATE
THISAFTERNOON
GREAT MURDER TRIAL TO END
TODAY
LAWYERS CLOSE WITH scATHlNe
ADDRESSES
Attorneys for Defense Close Protest.
Ing Against the Methods They
Claim Were Used by the
Prosecution

Claim Were Used by the
Prosecution
Within a few hours w. p. McComas,
charged with the murder of the wo-
man whose love he had won and who
has been on trial in the superior court
during the last week, Will know
whether he must pass many weary
years in prison for the death of Mrs.
Charlotte L. Noyes or walk the streets
free and respected man.
At 10 o'clock this morning the jury,
which since May 10 has listened TO the
testimony of witnesses, the arguments
of the attorneys and closely examined
every exhibit offered, will retire to the
jury room and there decide the rate or
the wealthy mine investor.
The arguments of the attorneys were
ended at a special session of the court
which was held last night Judge
James did not instruct the jury at that
time as he did not wish to make the
jury remain at the court house all
night, which would have been neces-
sary If he had instructed them.
The Judge will charge the jury imme-
datey upon the opening of court, and
by noon at the latest the famous case
twelve men who have so carefully at
tended its uncertain course for days
past.
Yesterday, as on days previous, the
court room was crowded to Its utmost
capacity. Every word uttered by the
attorneys was listened to with intense
interest.
More than hundred persons were oc-
cupying chairs or standing In the rear
af he oh l,af. which during the mast
nine days, has been the theater of one
OF the greatest life dramas ever en-
acted in Los Angeles.
In an eloquent appeal Earl Rogers
yesterday afternoon closed the case for
the defense.
The attorney started his speech at
1:50 o'clock and occupied the time until
4:51 o'clock with summing up the de-
fense by declaring that his client ig-
norantly and unintentionally killed
Charlotte M. Noyes.
With the exception of moments when
he was r-ferring to direct testimony
Mr. Rogers speech was one of sus-
tained oratorical effort. He threw
about the form of the defendant the
cloak of "chivalrous gentleman"
Plays on Emotions
Unlike Mr.. Horton. Mr.. Rogers
played upon the emotions of the jury.
He started his speech with tender
memories of the late Judge Smith. He
soon warmed to his argument, how
ever. He sarcastically criticised the
speech made by Assistant District At
torney Horton yesterday. He said 1t
took a kid to tell us about women. "Tll
a bet that gray haired justice sitting
over there doesn't know women yet.
pointing to H. c. Goodill. justice of
the supreme court of Arizona, who was
an interested listener. Yet this kid
told you all about them"
He went on to tell of the conclusion
that 1t was natural that these two
should wish to separate. He spoke of
the disease which Mrs. Noyes was al
legged to have been, suffering from
which caused her to be so irritable.
He said she had been studying ac-
counts of certain cases where some
women had at times taken the law into
their own hands, and that she had be-
come so imbred with the thought that
she at last came TO the conclusion that
she had right to kill him. "Either
that or she would so disfigure him no
other woman would have him." re-
marked the attorney.
Mccomas Not Gambler 4
He laid great stress upon the fact
that McComas was not a gambler, al
though he knew the game and was
we'll able to advise Mrs. Noyes of the
uselessness of trying to beat the
game" | do not say that he was
guilty of this gambling. If he was
they would have shown it, he said as
he pointed to the prosecuting attor-
neys
Mr.. Rogers fiercely assailed the theo-
ry of the prosecution that McComas
had thrown acid upon himself. with
shaking hand and sneering tones he
walked over to where District Attorney
Fleming was sitting and said "Ah,
you started this case, you circulated
the placards, you told the newspapers,
and you laid great stress upon the
theory that he threw the acid upon
himself But you had to give 1t up,
didn't you? DR.. Campbell, the man
you always call to testify. proved that
he didn't do it. Tell that to someone
else who is younger than l am. Where
is your proof? Where did he get the
acid? So nonsensical! No wonder
they abandoned it,"
He walked over to the end of the
jury box and then back to where Mr..
Fleming sat, he addressed the jury
from this point a few minutes then,
quick as flash, made feint at Flem-
ing, who was listening to the argu-
ment with his head resting upon his
left hand. Fleming WINGED quickly.
See tndt, SAID fOSeTS u the jury,
..see how quickly he WINGED. Now sup
pose I should dash cup of water into
your eyes when you least expected
anything of the kind. What would
you do?"
Addresses Jury
Mr.. Rogers addressed his remarks
to the individual juror AT times he
would stand in front of juror and
point his finger at him and hammer
away until he thought he had instilled
his thought into him and thus win him
TO look at the evidence as he did.
He said. "They dragged Captain
Paul Flammer into this: l have no
better friend on this earth than Paul
Flammer; we were boys together, and
] don't believe there is more honest
man alive"
He said: 'It's all rotten nonsense
about the woman not throwing the
acid so high,v then he went on to show
the jury how she must have thrown
1t high, as McComas was tall man.
And that fool Carey he said,
talking about paper on the door.
What do you suppose there was paper
Confined ON Psge seven>