The Detroit times., 1910-03-01
Pins
HIS CASE TO JOE
LEACH's STORY !
II Chauffeur Aided Fritch in Depos.
ing of Mabel Millman's BODY
Physicians Guilt Is Established,
Van Zile Tells Jury.
Lodge Begins Address for Defense
and Announces He Will Consume
An Entire Day.

.he Fritch case. as far as the taking
CT testimony is concerned. Both sides
rested late Monday afternoon, follow
ing day Of rebutta, and sur-rebuttai.
ihterspersed By numerous sensational
episodes and not a little comedy.
Prosecutor Van Zile, who has con.
Quoted the peoples case without az.
fslstance. from the outset, began his
opening argument to the jury shortly
hetore 10 O'Clock. Each side Will have
q DAY TO present its case. The trial
mas lasted just month. lacking one
Gay. IL was on Feb 2 that the task OF
securing jury was begun.
Your duties have been arduous,"
began the prosecutor. "but 1t Is a case
mat requires much attention on your
part most impRrtant case to you al
Wen as 10 the people. You have sworn
TO try this case fairly and impartiaIIy.
All OF yol have taken your oath, and
! need not speak TO you as to what
your duty is. | take 1t that you are
all fair-minded, honest men, anxious
10 discharge your full duties as citi.
Zens.
There have been some discrepan-
cies here, and | want TO tell you whar
and evidence. II may be that the EVIL.
dence is directly in opposition to the
testimony In the case. The evidence
is what convinces you and what you
believe.
II call your attention to this AT the
outset, because | shall claim that wilfkc
the defense in this case is filed with
testimony it is void OF evidence that
foes TO the acqulttal OF this de-
PENDANT
Delving into the case proper, the
stalwart prosecutor. looking a YER
liable tower OF strength as he stood
before the jury box in his frock coat,
warmed to his subject and gathered
eloquence as an engine gathers steam.
What Prosecution Must Prove.
Now in this case we have to show
first, that Mabel Millman was in deli.
cate health on Aug %. 1909. and that
this defendant did then and there per-
form criminal operation upon her.
he went on.
I'VE must show further that Miss
Millman died in the performance or
this operation and that this defendant
is therefore guilty OF manslaughter.
That is the case in a nutshell, and.
after all, there isn't much more to it.
There is no dispute that Mabel
Millman is dead. There isn't any dis
pute that her body was dismembered
by SOMEONE and that IL was after
wards found in Ecorse creek in sacks.
Not a single witness has raised his
voice against the prosecutions claim
that Mabel Millman was in delicate
: health on Aug. 81"
Give me an exception to that state
, ment," interrupted Attorney Lodge.
! Take all the exceptions you want;
and let me tell you right here, gen.
: tlemen,' and the prosecutor was very
emphatic, that exceptions are not
, proof, and you can have an exception
|. to that. too. Mr.. Lodge"
Now, gentlemen. there is no dis
: pute that this girls body was put in
plaster sacks OF c. II. Little Co..
weighted down with bricks, and that
this defendant had sacks and bricks
exactly like these in his possession.
!. The only question left then, is: Did
this defendant cut up that body?'
Somebody did, that's certain.
i 1T isn't always necessary to show
that murderer was seen with a
. knife I'm his hand That Is direct
. evidence But there is another kind,
: circumstantial evidence and IL doesn't
: lie. as rule Direct testimony Is
, often false II We have shown in this
, ease that every circumstance points
10 the guilt of the defendant then,
YOU are at liberty TO find him guilty.
No Other One Suggested.
"One VI the best defenses that could
, possibly have been made i'm this case
would have been that someone else
was guilty There isn't even an init.
nation here that anyone else did this
Job. but in the contrary, all the cir
cumstances point 10 this defendant
aud no one else Nobody stands In
the blazing light of these circum
stances but DR.. Fritch.
The prosecutor carefully reviewed
the history OF the case, beginning
with Mabel Milman's visit TO Detroit
last summer, the visit which ended 10
her death. Touching the story oil
Mrs Messenger, he said;
IF you gentlemen have any hest
fancy about accepting her testimony
/ let me tell you that. without her testt
mony. our case still stands. ! do mol
tell YOU this because | do not believe
her story, for ! 90 believe H.
There is another witness i'm this
case who has been attacked, ane
these are the ONLY witnesses who
have been assailed."
In this connection Mr.. Van Zile char
acterized the testimony OF Mrs. Bes
sic Knott. corroborating Fritch's YER
sion OF the telephone conversations
with Mr.. and Mrs. Leach and Mrs
\ Drake, as most remarkable. ipaSmuer
as she had never heard OF any OF
these persons before and paid no az
tention To the conversation az the
time
Il say TO you. gentlemen. that testi
monv is stamped with the red Letters
of perjury, and Il is only one Of mani
statements that are false In this case,
. continued the prosecutor shan
undertake % show that this deiens Z