Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-09
JURY TO DECIDE FATE
Court Refuses to Direct Ac-
quIttaI of Mrs. Sampson.
PROSECUTION RESTS CASE
Defense Contends Fatal Shot Could
Have Been Fired by Victim.
WILL CALL FEW WITNESSES
Frank S. Allyn Testifes That samp-
son Was Cigarette Fiend-Expert
Contradicts State Evidence.
WILL CALL FEW WITNESSES

!
| LYONS. y. Y, April 9-When court
opened this morning for the fifth day of
the trial of Georgia Allyn Sampson,
charged with the murder of her husband,
there was an opinion maifested among
| the spectators that the ensuing twenty
four hours will see a verdict rendered in
! the case.
Just what this verdict will be is a aues-
| ton which has been raised since yester-
day afternoon, when the prosecution
played it's trump card by putting its gun
expert. Alfred H. Hamilton, on the stand.
Hamilton's testimony was to the effect
| that the nature of the bullet holes in the
| shirts, alleged to be those that Sampson
wore when he was shot. indicated that
the shot was fired from distance of not
| more than forty-eight inches. This. if
| proved. might be taken by the jury as
| conclusive evidence that Sampson did not
commit suicide.
The testimony Of this expert was really
the first that appeared to endanser the
defense. Evidence of all other witnesses
called by the state has done little but
show that there WAS a quarrel between
| Sampson and his wife. and that shortly
| before he was shot he had said he would
| not live with her any longer.
Mrs. SIMPSONS defense was prepared
for Hamilton's testimony. however. It
has ready its own expert. A. Louis Hall,
| to testify that the condition of Sampson
garments do not show that he himself
did not intiict the fatal wound.
Hamilton Resumes Testimony.
When court opened this morning the
| examination of Hamilton was resumed.
He testified that he had found by expert
ments made with a rifle that 2l12 inches
was the extreme distance at which a
gun could be held by the right hand.
the muzzle pointing Al the center OF the
body to the right of the heart. With the
left hand the extreme distance at which
the gun could be held was nineteen inches.
He illustrated with the rifle with which
the shooting was done resting on the
back Of q chair.
Here the witness was asked how long
his arm was. and replied that he did
not know. MIR. Hamm Got him to take
off his coat and measured the arm with
yardsttck, finding that the limb was
thirty-one and one half inches long.
The. witness was made to hold the rife
out in front OF him. the muzzle pointing
at his own breast. The distance from
the breast to the muzzle OF the gun, as
measured, proved to be thirty and one
half inches.
"A man with an arm six inches longer
than yours could hold the gun considera-
bly, further OF, could he not?" asked Mr.
Hamm.
He did
HE could. you mean?'
He did. Yes, he could
The measurement OF Harry sampson
arm was thirty-six and one-half inches
The people rested at $40 O'Clock with
the conclusion OF Expert Hamiiton's testi-
mony.
The Jury was then excused for a few
minutes. While they were out Mr.. Hamm
made a motion, asking Justice Rich to
advise the jury to acQuit on the ground
that the people had failed TO prove that
a crime had been committed. and failed
to prove the criminal agency Of the de-
PENDANT with the shooting.
Court Denies Motion.
'"They have shown that there was
DEATH said Mr.. Hamm, but not that il
was caused by the bullet fired from the
gun in question. They have failed to
prove how it was fired and by whom.
They have failed to find that the defend
ant had any connection with it.
ION the contrary. their own witnesses
have testified that she was upstairs at
the time of the shooting. This has not
been contradicted."
Mr. Hamm quoted authorities to support
his application that the jury be instructed
to acQu1t the defendant.
What is the evidence that the defend
ant had anything to do with this gum
he added. "On the other hand. it has
been testified that she was in the clothes
press upstairs hanging up clothes
Mr.. Hamm said the prosecutions case
hinged on the identity Of the outer shirt,
and that the experts testimony did not
wipe out the suicide theory
Justice Rich denied tile motion. He said:
1T seems to me. without attempting to
important evidence, that my duty is
plain. and that there is not anything can
do save submit the case to the jury
Defense Opens Case.
George S. Tinkelpaugh began the open
ing address for the defense at 1905
O clock.
THE evidence We shall present 10 you
will be very. very brief" said Mr.. Tinkel-
paugh I'VE shall not call many wit
nesses. We shall show to you few facts
regarding the conditions existing in that
family.
I'VE shall show you by measurements
that il would have been impossible for
the rifle to have been fired by any one
except that young man.
nail in the pantry and that it would have
of the rifle with a nail by resting 1t on
shelf
The attorney said it would be shown
that Harry Sampson had several black
and white shirts, and that no one was
certain which one lie wore when he was
shot. ...
I'VE shall show you,' he said, that the
hole In the shirt was not ouileL mole
and that Harry Sampson was confirmed
smoker The speck which Dr. Hamilton
says is a powder grain might nave peen
caused by a cigarette.
I'VE will bring before you the. result
of experiments made this morning where
A cartridge, of .22-caliber long. black
gunpowder. from a rifle such as this, was
fired at blotting paper at d range even
closer than this gun must have been
fired from and that no discoloratiOn APP
pears on the plotting paper-the' most sus-
ceptible OF targets.
I'VE shall show you by actual illus
tration that Harry. Sampson could have
held the gun thirty-three inches from
his breast and that anywher, from TWEEN
weight to thirty inches would have been
a natural position.
I've shall show you that he could have
held the gun pointed at his breast at
any range greater than six inches"
Motive for Suicide.