The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-22

door of steel separated them by on
~ few feet from the two women
who were doubtless languishing in
tears within their cells
Mrs. Totten's Story Convicted Her.
1t is understood that the jurymen
were most impressed while trying
TO reach verdict, by the contradic-
tons evidenced in the different stor-
les told by Mrs. Totten herself. She
was unable to deny on the witness
stand the confessions uttered first in
Daily World reporter, later to Sher-
if Ferguson and still again to Dep
uty Sheriff Kenyon. Those state
ments were contrary to the ones she
swOre to on the witness stand. Such
discrepancies could not be overlooked
by the men who tried to give her the
full advantage Of every possible
doubt. They did not fail to weigh
every detail which might possibly be
used on behalf of the accused.
The Sentence.
1t is expected that within two or
three days, Ira Thomas, the defend
ing attorney, will file motion for
new trial, giving as his reason
some alleged errors. This will prob
ably be denied and sentence will be
pronounced. This, according to the
law OF the state of Washington, is
lett with the discretion CT the court,
but must be either capital punish
ment by hanging or life imprison-
ment. Immediately after sentence is
pronounced, it is the privilege OF the
defense TO make an appeal in which
case the trial will be heard before
the supreme court OF the state. d.
Statement Of Ira Thomas.
Ira Thomas. attorney for Mrs. Tot
ten. stated this noon TO represen-
tative of the Daily World, that he
will file a motion for new trial
and that an error was made by
Judge Grimshaw which will make it
necessary for him to grant the re-
quest. If the motion is denied, the
case will be appealed TO the supreme
court ana the attorney is confident
he will reverse the decision of to-
day.
his praise of the fair and fearless
manner in which Judge Grimshaw
conducted the case. He is one Of
the most able jurists before whom
ever made a plea" said the attor-
Fey. He knows the law, is honest
and fearless, very deliberate and i'm
partial. Aside from the one error.
his decisions in this case were excep-
tionally correct
Attorney Reeves Argument.
"yVhence comes the right Of one
human being to take the life Of an
other?"
This was the question which Frank
Reeves propounded to the jury yes
| terday afternoon when he bgan the
last plea in the case of the state
versus Della Totten.
Does that right exist through pas
- ch II 40
done only in accordance with law as
established through centuries of
struggle by the race?
4 implore you to deal out exact
justice. l am not here to give you
my individual opinion, but to point
out the facts as presented on the
witness stand and heard by your
selves.
THE prisoner at the bar relies on
the technicality of reasonable doubt,
even though guilt is apparent. Gen.
tlemen of the jury, look at the court S
instructions for the reason Of this
rule. 1t is as old as English law it.
self. The original reason for that
rule was that the accused was not
allowed TO witness in his own behalf
or TO consult counsel. As it now
stands il throws around defendant
every possible protection but il
should not be used to shield actual
guilt.
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