The Birmingham age-herald., 1909-05-08
Mrs, Boyle Declares She Will Kill Herself Rather Than
 GO to Penitentiay
BOYLE CREATES STIR IN
 COURT BY TESTIMONY
Defendants In Case Try To Bring Out Name of Another Person Involved in Kidnapping But They Fail
 in Their Effort.

Mercer. Pa, May 7.-Relying entirely upon their contention that the Pennsyl- vania courts have no jurisdiction in her case, counsel for Mrs. James Boyle, on trial charged with aiding the Kidnapping of Willie Whitla, today refused to offer any evidence on her behalf. Arguments will be made tomorrow and the defense hopes to convince the jury of the cor rectness of it's contention The claim of the prosecution that Mrs Boyle partici- pated while in this state in the forma- tion of q conspiracy to kidnap the boy, which was afterwards carried out. will be combatted by the defense. which will endeavor to have her released in Penn sylvania and turned over to the author ites at Cleveland.
 The state completed it's testimony this evening. It was mainly the same as that given yesterday in the trial of James Boyle but there were some additional witnesses summoned for the purpose of connecting Mrs. Boyle with the abduc- tion. One of the Cleveland policemen who took part in the arrest testified that she saids
 q am the frail little woman who planned the whole thing
 The finding of the ransom money in her clothing was also testified to-
 Throughout the proceedings there was an apparent desire on the part of Boyle and his wife to bring out the name of another party, said to have been connect ed with the case. During the trial Boyle endeavored to tell more than he had been ocIra httf very little information before being ex- cused from the stand.
 Tonight in her cell, Mrs. Boyle said:
 Both Jimmie and myself have tried to tell the whole story in connection with this case. We have not been permitted to do so. It is not justice. Everything should be heard. As for myself I will commit suicide before I will go to the pententiary."
 Interest in Case.
 The court room was packed this morn ing when the trial of Mrs James Boyle was resumed To avoid any repetition of last evenings demonstration of hostility when women of Mercer applied appro- brious epithets to her, the prisoner was driven to the courthouse in closed car riage.
 Willie Whitla was the first witness. He repeated substantially his testimony of yesterday, given in the case of James H. Boyle In referring to Boyle the boy called him "Jonesy," having been told at the time of the abduction the mans name was Jones. He testified that when he arrived at the house at Cleveland with "Jonesy' they met woman He said: Jonesy told me she was another Jones. Mrs. Jones, he said, had eaten supper, but told me to eat. Jonesy told me the woman was his cousin.'
 
 woman who had cared for him in Cleve- land, and whom he had known as Mrs Jones. He identified a nurses outfit as the clothing Mrs. Jones had worn.
 The prosecution offered in evidence the note written for Billy to carry on the street car on his way to the Hollenden House, when he was returned to his fla ther The defense objected, claiming it did not concern Mrs. Boyle. Billy" stat ed, however, that it was given to him in Mrs. Boyle's presence, and it was ad- mtted.
 asked but one question as to whether Jones alone went with him to the street car when he was sent back to his father. His reply was that Jones alone had gone with him.
 Several other witnesses gave practically the same testimony they gave yesterday in regard to the Kidnapping.
 boyle Causes Stir.
 Declaring that he had not had fair trial and that he wanted to tell the whole truth about the Kidnapping, James Boyle created a commotion in the court room. Boyle was put on the witness stand for the state and asked to produce the first letter to MT. Whilta demand ing $10,000 ransom Without any refer ence whatever to the letter, Boyle al- most shouted out:
 4-tt& now; want the whole thing cleared up I was not to blame. The whole blame was on some one else.''
 Miss Emils proprietor of the Granger apartments in Cleveland, where Billy" says he was kept, identified Boyle and Mrs. Boyle as the couple who had rented an apartment from her on March 13 giy- ing the names of MT. and Mrs R. G. James P. Whitla related the story of his search for his son. the receipt of the letters demanding ransom, and conveying instructions and the recovery of the boy. Billy Whitla was recalled and identi- fled the letters filed as copies of those he had written at the dictation of Jones'" On cross examination he stated that Mrs. Jones, as he called the woman, had nothing to do with the writing of the letters; that they were dictated to him by Jones" while Mrs Jones was not in the room. and that Jones took each letter after 1t written, placed it in an envelope and mailed 1t without Mrs. Jones having aynthing to do with 1t.
 "Something Doing."
 Policeman Shattuck testified the defend ant said when she was arrested, There will be something doing in sharon tomor- row That little boy will have his eyes burned out.''
 Policeman Frank G. Wood of Cleveland testified that Mrs. Boyle said soon after I arrest
 Just thing of 1t. am the frail little