The Washington times., 1909-04-09
JUDGE RICH RULES
JURY MUST PASS
ON SAMPSON CASE
Court Denies Motion of De-
Tense to Dismiss the
Indictment.
DEFENDANT WANTS
TO GO ON THE STAND
If Prevented, She Is Expected to
Make Statement of How
Husband Died.

Lyons. n. Y, April 9.-Judge Rich
has decided that the jury must pass
upon the guilt or innocence of Georgia
Sampson, accused of numbering her
husband, and has denied the motion
of the defense to dismiss the indict-
ment on the States evidence. The
defense will be brief.
Mrs. Sampson wants to take the stand
IN her own defense, and II she is not
permitted to do so, she may make a vol
untary statement after she is set free
The young widow lost ali control OF
herself today and tearfully begged and
pleaded with her lawyer, Assemblyman
Hamm. to be permitted to tell how her
husband died.
Her changed attitude is thought to be
due to the statements of the fire arms
expert. who swore that It was a physical
impossibility for Harry Sampson to
have killed himself
No one can be found who saw her
downstairs within a period of fifteen
minutes before the tragedy. and even
the prosecution admits that IL would
never have asked the grand jury to
have indicted her had not DR.. Albert II
Hamilton, the gun expert been brought
into the case. and who told the prose-
coung attorney that il was a manifest
Ifs.possibility for Sampson to have shot
himself In the manner alleged by the
widow.
No Personal Feeling.
II had no personal feeling IN the mat
ter" District Attorney Gilbert stated,
'but I was told that a crime had been
committed and the facts as presented TO
the grand jury were considered OF suf-
fcient Importance TO indict Mrs Samp-
Fcn- The only stairway in the house
led from the dining room to the upper
floor. and If Harry Sampson could not
have killed himself. then Mrs. Sampson
10 have fired the fatal shot I am only
doing my duty in the case"
But the bitter feeling OF the Sampson
family against her has cropped out
throughout the trial.
Or. Hamilton resumed the stand when
court reconvened today and discoursed
at great length on explosives. and re-
which he declared convinced him that
Harry Sampson was killed.
Jury Must Act
After half an hours work Attorney
Hamm gave up the ATTEMPT to confuse
Dr. Hamilton, who had discarded his
coat and stood before the jury in his
shirt sleeves. brsndishing the rifle as
he explained his experiments.
Eamm moved for an instruction by
the court to the jury TO acquit on the
ground that the State has failed TO
prove that a crime was committed. He
said that the burning OF an outer shirt
threw doubt upon the identity of the
shirt In evidence, which was the basis
for the gun experts testimony. As
Hamm closed Judge Rich said:
TT appears to me plainly to be my
duty to give the case 20 the Jury on
the testimony submitted. ] therefore
dismiss the motion"
Attorney Tinklepaugh then began the
ops 1ing for the defense.
The denial OF Hamm's motion affected
Mrs. Sampson strongly. She shivered
as she leaned forward 10 catch the low
spoken decision OF Judge Rich
Brother On Stand.
Albert r. Hopkins. a Palmyra pho
tographer. the first witness for the de-
tense. identified pictures Of the interior
OF the Allyn farm house. He was not
oross-examined, and Frank S. Allyn,
brother of the defendant followed.
Frank Allyn testified 20 the differ
snce in the inner arrangements at the
house at the time the Hopkins photo
graphs were taken and at the time of
the tragedy.
The defense then called DR.. a. Lewis
Hall as gunshot-wound expert.
DIR. Hall assured the jury that IL
Sampson TO have killed himself by eX-
Bloding the gun on "a nail in the pantry,
which would have kept the muzzle Of
the weapon twenty-fOur inches from
him and prevented powder burns on
either his body or shirts.