Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-12
NY STERY OF
BLACK HA T
GROWS DAHL Y
DEFENDANT GIVES WAY TO
GRIEF
TESTIMONY DEALS SEVERE BLOW
TO DEFENSE
Detective Claims to Have Seen Basket
Containing Toque Delivered at
STANDARDIZATION on
Stand

part of the defense of the evidence
brought in by the prosecution opened
the proceedings yesterday in the trial
of Mrs. Estelle Corwell and the day
ended with an outburst of grief on the
mart of the defendant, who, for the Sec
ond time during the trial, was overcome
when the clothing said to have been
worn by George T. Bennett was
brought forth for the purpose, if pos
sible, of discrediting the testimony of
u witness.
The rest of the day was marked by
a strenuous effort by the defense to
prevent the introduction of evidence,
the Importance of which cannot be
doubted. Much of this evidence sur
rounded the style and color of hat worn
by the defendant the night of Benefits
death, a matter which has become one
of the most important points in the
trial.
The testimony yesterday is without
question a blow to the defense and
should 1t remain unimpeached would
apparently cast doubt upon other con-
tentions on that side.
The prosecution has maintained. and
brought in witnesses to prove, that Mrs
Corwell wore a white hat the night of
her arrest, while the defense declares
as stubbornly she wore a black hat,
which has already been placed in evil
dence. What became of the white hat
is still a mystery and it was made
more so yesterday when a witness tes-
titled that its disappearance occurred
between the time of the arrest and
when the defendant was placed in the
city jail, an interval of but a short
time.
Saw Black Hat
Witnesses yesterday swore that a
black hat was taken to the city Jail the
morning after the shooting, and the
prosecution maintains this Is the identi-
cal hat introduced by the defense. The
Importance of this headgear lays in the
fact that it contains two holes said to
have been made by a bullet during
struggle between Bennett and the de-
PENDANT.
One victory was gained by the de-
Tense toward the close of the day when
it was made known that the testimony
of handwriting experts would not be
allowed. This decision was rendered
after long argument on both sides,
the jury being excused at o'clock to
allow the attorneys time to discuss the
matter.
Deputy District Attorney Blair an
nounced yesterday that he expected to
get through with all his testimony eX-
cept that of an expert nature this af-
ternoon, and It is probable the defense
will begin the introduction OF surre-
buttal evidence tomorrow morning.
The first witness yesterday was
James e. Boaz, assistant city jailer
who said Mrs. Corwell wore no hat
when she was delivered to him at the
Jail door.
Attorney Appel for the defense moved
to strike out the testimony, in that it
did not contradict the evidence of the
defense that a black hat was worn.
Attorney Is Enraged
Il maintain this is rebuttal testi-
mony," said Blair. This black hat
was brough into this case with two
bullet holes"
He was interrupted by Appel. your
honor he cried, his face almost white
with anger, this defendant was in the
hands of the police and we have had to
go into the enemy's camp-and I used
the word Observation-Disclosures we did not
expect them to testify for the defend
ant, and put them on the stand without
knowing to what they were going to
testify. Now they want to show that
the hat nysteriousy disappeared on the
way to the Jail from the captains Of
flee. This defendant was not a free
agent; she was in the hands of the of
ficers.
Anu WANT W 3D. that " duIIllI
such evidence is the most dangerous
and damnable that has ever been adj
mitted into a court of justice. The
matrons say they did not see a white
hat, and if she had worn one they
would have seen it.
II imagine they will put a white hat
IN evidence and some one will say, I
am an officer: I have it..
I'VE have shown she wore a black
In hn oil to OF InfA Do 10 Il
tectives office and later still when she
went t. the county Jail.
Repeats Testimony
1.-THE sole thing to prove. and it has
been shown, is that she wore a black
hat that night. MAZE Bennett said she
wore"
Blair-"She did not
Applet say she did and l cannot
understand why this man Indicating
Blair) should come here and introduce
evidence he knows nothing about
The court tried to interrupt the at
torney, but with little success.
Il don't propose" continued Appel,
when l am defending this woman for
her life. when this man is trying to
break her head"
Blair again interrupted with a loud
protest but without avail.
Il don't propose to stand here and
let him say to my face that I mis-
represent a single thing. am justified
in making these remarks under the
great strain. the great feeling 1 have
for this girl"
The court overruled the objection,
and Boaz was subjected to a rigid
cross in which he held
to his former statement that no hat
was worn by the defendant the night of
her arrest He could remember little,
however, of the woman's other apparel
or of incidents occurring at the time.
Detective Charles r. Craig said he
was at the city Jail the morning after
the arrest and that two women brought
suitcase, a telescope basket and a
package to the Jail.
Hat Taken to Jail
These he said had been placed in
the jailer's room and he had torn part
of the paper covering from the pack
age. disclosing black hat He could
not identify the hat. already in evil
dence, saying he did not observe the
one taken to the jail closely enough to
recognize it again.
On cross-examination Appel and the
witness became involved in numerous
tits. At one point in the examination
Detective Zeigler, who occupied a seat
next to Blair, started to leave the room,
but was halted at a protest by Appel
II object to messages being carried
from the court room to other witnesses
while witnesses are testifying," he de-
Il - i 4.