Los Angeles herald., 1908-05-22

upon the Sldnu III TINS hioiiiihB SSssioh'
He is the man who brought the door
from the house into court He testi-
fled as to where the door came from,
H. Y. Burr was then called to the
stand. He testified that he and his
mother and father moved into the
house at 671 Little street some time
ago, and that the hole was In the door
for some time, but that he had not
seen the plug (Which was in the door
at the time of it's being made an ex-
hibit by the prosecution) until week
ago.
Mrs. Helen e. Burr was called next,
and testified that she found the plug
on her porch two days after Detective
Roberts had visited the house.
On REORGANIZATION Mr.. Rogers
tried to prove by the witness that
painters had put the plug in the door
while repairing and painting about the
house.
The prosecution objected to his line
Of questioning on the grounds that 1t
was not cross-examination. Then Mr..
Rogers said that he would call the
witnesses for the defense. He dis
missed the witness, however, and asked
her to wait until he instructed her re-
garding being retained by himself.
In the afternoon e. @. Jones, deputy
county surveyor. was called to the
stand regarding the door,
|
door at the time of his visit TO the
house accompanied by Detective Ro-
herds, to make measurements for the
chart which is being used in the. trial
What did you do to the hole?"
asked Mr.. Fleming.
II placed a as ealiber bullet in the
hole"
"Did it ht?"
Yes, SIR
Take this bullet produces bullet en-
exhibitien) and place 1t i'm the hole and
tell the jury what difference If any
| there Is In the hole"
Mr. Jones placed the bullet in the
| hole.
"Is there any difference in the size
of the hole now and when you saw 1t
at the house?" asked Mr.. Fleming.
YES, SIR
what is the dlfference?"
1.-THE hole Is larger"
Mr. Rogers started the cross exanni-
nation hare.
DO yeu know why the change has
been made in the hole?"
ST do not"
WAS any one present at the time
you examined the hole at the house?"
| Eyes. sir, my assistant and Mr.. Ro-
herds"
house with you at the time of your ex-
animation of the DOOR"
"They were in the house"
Did they see you examine the
door?''
II don't know"
He Saw Hole in Door
John F.. Rockland was called to the
stand. He stated that he was civil
engineer and worked at the county
surveyors office.
"Did you accompany Mr.. Jones when
he visited the house at 81. Little street
and examine the door," asked Mr.
Fleming.
"Did you notice the hole In the
door?''
yves, SIR"
rs there any difference now?"
1.-THE hole seems larger"
Mr.. Rogers asked the witness about
the plug. He asked the witness to
place the Mug in the hole. Then ne
asked him ~ the Mug did not r, IN me
hole better than the cartridge ala
they experimental with.
The prosecution asked the witness
not to answer that question. and was
| sustained by the court.
Detective Roberds was called again
and at the request of Mr.. Fleming ex-
amined the door and stated that there
was no change in the splinters around
the hole ON the back of the door.
Mr. Duni was recalled but could not
be found.
At this stage the prosecuting attor-
news asked Judge James to excuse
them from the courtroom for rev
minutes. They returned in about nVe
minutes and Mr.. Fleming announced
1.-THE people rest"
| Mr.. Rogers was out of the room at
the time, hut returned in minute.
1t was Just $3.50 when the prosecu-
| ton rested.
Roaers Outlines Case
| When the announcement was maze
| Mr.. McComas sat up straight and
slight culver ran over his race. ne
strained his eyes to the door through
which Mr.. Rogers had gone ana
yersing with Mr.. Schenck of the de-
Tense.
A hush spread over the court as Mr:
Rogers walked over to the jury and
| began his address to them.
| He was interrupted once during his
opening speech and seemed quite irri-
tated as Mr., Fleming asked him to re-
fraln from a certain point ne was IN
| the act of bringing out.
He said: you can readily under
stand that my object in talking to you
| is not for argument, but you can bet
| ter understand what we expect 70
prove If you know what the defense
| is to be.
I'VE expect to prove that Mrs. Noyess
and McComas had mutually agreed
| that their relations should cease. And
also that Mr.. McComas had come to
| this conclusion partly from advice OF
| friends and partly from their own IN
clinations.
1--WE expect to prove that he had tried
! to break away many times before. we
will attempt to prove that at tunes
| Mrs. Noyes wanted him to leave her,
| and then again, woman like, she did not
want him to leave her, and would re-
monstrate with him when he talked
about going. And to show you the
vagaries of the woman, we will attempt
| to prove that at their only serious quar-
rel, at one time when she was exceed
ingly mad she struck Mr.. McComas
upon the head with bottle and cut a
deep cash In his head, and that no
sooner had she done this than she was
sorry. We will attempt to prove that
McConlas pushed her away at the time
and that she struck against some fur
niture that was in the room. That
within three quarters of an hour of the
| time she hit Mecomas with the bottle
she was as loving and affectionate
as ever, and that she wanted to put her
| things on and go for doctor. but Mr.
McComas told her no, that she would
eaten cold, and she had better let him
telephone which he did. as we will at
tempt to prove.
"Piayed Race System"