The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-29
THOMAS ASKS
FOR, new
TRIAL
Beebe Case Up to Argument
-Totten Sentence Awaits
New Trial Motion.

The session this morning opened
with Mrs. Beebe herself placed upon
the witness stand by her attorney.
She proved a good witness, not al
lowing herself to manifest any ami
mus as did her daughter. Further
more. she did not hesitate nor seem
TO be doubtful about the truth of her
testimony.
Mrs. Beebe declared she did not
know that her daughter was going
TO bring a gun out to the fence
where the shooting took place; that
she went out there to work first and
saw the gun for the first time when
her daughter was crossing the bridge
and approaching where the fence was
being constructed.
She denied saying to Jim Sutton:
do you see that gun?" She did
not at any time point to the gun or
refer to it in any way. According to
the aged woman's story, Mrs. Totten
did not say. Get out of the way and
We will shoot him Nor did she
say anything OF the kind at any other
time during the alteration.
James Sutton was walking toward
Mrs. Totten with the hammer raised
as if about to throw it at Mrs. Tot
ten. He was in this attitude and
rapidly advancing when the shot was
fired.
Mrs. Beebe was positive that she
did not know the shot was to be
fired; never talked to her daughter
about shooting anybody; had no idea,
knowledge or belief that anybody
was going to be shot at that time and
place.
CroSs-EXamination.
Attorney Reeves took the witness
on the cross-examination and let her
Off with a few questions. Mrs.
Beebe acknowledged that her daugh-
ter was in the habit of carrying I
gun first last spring when she was
shooting birds which molested ber-
RIGS and cherries. During July and
August she was after the chipmonks
which pestered the cabbages. How
ever, there was nothing planted up
near the fence which they built and
where they had been waiting for two
hours prior TO the shooting.
The fact came out in the redirect
examination that Mrs Beebe and her
daughter are being kept in separate
cells and that this caution on the
part of the sheriff was exercised i'm
mediately after the verdict finding
Mrs Totten guilty. Since that time
the women have seen each other only
once, and that for brief moment.
Defense Rests.
At the close Of Mrs. Beebe's testi-
mony the defending attorney asked
for a five-minute conference with his
their case would rest The rebuttal
by the state was very brief and con-
sisted in a single question to Nettie.
John and Milroy Sutton. That ques-
ton was, Did Jim raise the hammer
or threaten Mrs. TOtten or Mrs.
Beebe with it," Each of them an
swered with one word, No" The
balance of the morning was con-
sumei by the Judge in preparing his
instructions.
Motion for a New Trial.
Ira Thomas, attorney for Mrs
Beebe and Mrs. Totten, has handed
to Prosecutor Kemp copy of his
motion for a new trial of the Totten
case. His motion is based on the
statement that in the first trial
there were errors to which the de-
Tense made exception and that the
verdict found by the jury is contrary
to law and evidence applicable in the
case.
1t is probable that at the close of
the present trial or two or three days
later, this motion will be argued by
the attorneys for the defense and
the state. Time will be required for
both the attorneys and the Judge to
go over the record and study it with
reference to the possibility of err
rors. Sentence will not be passed
upon Mrs Totten until after the de-
cision of the court is made regarding
the motion for new trial.
Noel TOtten on the Stand.
The session yesterday afternoon