The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-18
TRYING To PROVE SHOOTING
WAS DONE IN F-DEFENSE
Noel Totten, Husband of Defendant in Murder Trial,
Was First Witness Intr oduced by Defense This
Forenoon-Tells of Custom of Wife to Garry Gun to
Kill Predatory Animal - Schmitten on Stand

Ing put up as first witness In tnt
defense of Mrs. Della TotteI, hel
husband, Noel Totten. The entire
morning was consumed in cease
less wrange of the lawyers over whe
Their disputed questions should b.
answered or not.
A crude map drawn by Totten tt
show the fences, roads, corners, etc.
was introduced as an exhibit Al
such it was objected to but finally
allowed
Il was at this juncture that Mrs
Totten arose from her seat and be
gan 10 speak to Frank Reeves while
he was questioning her husband
Lawyer Thomas tapped her on the
arm and motioned her to desist.
The defense tried to prove from
the map that other roads were avail
able for the Suttons to reach Cash
mere than the one passing through
Mrs. Beebe's property. Attorne!
Kenp's objection was sustained, that
showing trouble previously about
other fences had no bearing upon
the immediate issue. The gun used
by Mrs. Totten was then introduced
The witness was asked to describe
how to load and fire the weapon
He said, in answer to the questions
that his wife kept it around the
house, using it to shoot birds, hawks
gophers, etc. Mr.. Totten himself
spent most of his time away from
home working in saw mills.
In answering an objection by the
state, Attorney Thomas said that he
desired to show that Mrs. Totten
was in the habit of constantly car
rying the shot gun for the purpose
of shooting predatory birds and ami
mails. At least four boxes of shells
were used UP during the summer in
this manner. The she'll that she
generally used was identified as the
one taken from the gun Immediately
after Jimmy Sutton was, shot.
The witness was asked whether
his wife had ever mentioned having
received a threatening letter and
whether a diligent search had been
made by him to find it. He replied
that there was such a letter and that
hunting for it three hours he was
unable to locate it.
In the cross-examination Attorney
Reeves made him acknowledge that
this letter was received two and a
half years ago. and that he had only
married Mrs. Totten a little over a
year ago.
Mr.. Totten was asked regarding
his first coming into the house af-
ter the tragedy. He was accompa-
aied by Deputy Sheriff Bert McMan-
us. Mrs. Totten greeted him with
the words: Noel, l have saved the
lives of mother and myself today
McManus then said he came to take
her into custody and she replied
that she was ready. She then put
on her coat and hat and picked up
her suit case, which was already
packed. Going down the pathway
toward the road, the officer asked
about the gun. Mrs. Totten said it
was back in the house ard told her
husband where to find it. He re-
turned and brought it with him.
The witness was not allowed to
state whether Mrs. Totten had re-
ceived threats from the Sutton boys.
Court ruled that it would be self
serving declaration. A photo of the
premises taken by Mr.. Totten was
accepted as an exhibit, objections be-
ing overruled. 81
Shortly before noon Fred W.
Schmitten was sworn as a witness.
He testified to being in the saw mill
business since 1902, when he opened
up a mill in Brender Canyon. Sub
sequently he moved to Camas and
Is now located at Swakane.
The defense was trying to enable
this witness to describe the roads on
the Beebe and Totten property and
adjoining land, with a special refer
ence TO the possibility of another
good road being available for the
use of the Suttons rather than the
one through the bottom land on the
Beebe homestead. At this point
the court adjourned for the noon
recess.
Mrs. Totten on Stand.
At $50 the defendant went on
the stand. Just prior to Mrs. Tot
ten, her son, Willie Tabor, was called
but his testimony was very brief. 1t
is expected that Mrs. Beebe, Mrs.
Totten's mother, will be called next.