The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-18
STATES CASE FINISHED IN
10TTEN MURDER TRIAL

Out of the twenty-five witnesses
who were sumomned by the state for
| the Totten murder trial, only ten of
them were used. Five rendered
their testimony yesterday morning
and five in the afternoon. They
were the four Sutton children, Net
tie, Milroy, John and Fred; DR.. Par
| ker of Cashmere, Bert McManus, the
Cashmere deputy sheriff who made
the arrest of Mrs. Totten; Sheriff
Ferguson, Deputy Charles Kenyon,
Louis Gabrielson. r. S. Ludington.
and Mrs. Lillia Brayton. .
The young people of the Sutton
family told the details of the crime
itself The physician confirmed the
! fact of death by the gun shot wound.
| Mrs. Totten's confession confirming
/ the testimony of the Sutton children
was introduced by the sheriff and
his deputies.
Gabrielson, who is a Seattle sign
painter, testified to spending six
weeks last summer at his brothers
| homestead which adjoins the SUIT
| tons. He reported conversation
| in which Mrs. Totten threatened the
| life of some member of the Sutton
family
Attorney Ludington recited his
| conversation with the two women
| while trying to effect a compromise
on the road dispute. The state was
| prevented by Thomas objections
from receiving much benefit from
! mis- knowledge for the reason that
| the court would not allow any dis
| play of Mrs. Beebe's animus to be
used as a reflection of the same
feeling on the part of Mrs. Totten.
Mrs Brayton told OF quarrel she
had with Mrs Totten and of the
| feeling the woman bore against the
Sutton family
State Rested Case.
At 3:45 o'clock yesterday after
noon the state rested its case in the
trial of Mrs. Della Totten for the
murder of James Sutton. The an
nouncement by Prosecutor Kemp
came totally unexpected by the de-
tending counsel and the entire court
/
| room.
Attorney Thomas begged the
court for an immediate adjournment
until this morning The reasons ad-
vanced were that different testimony
had been introduced by the state
than was anticipates; that a confer
cnce with his client was necessary;
| that il he We're given time to prop
erly prepare his case, time would be
saved in granting the recess.
In reply to these arguments the
prosecutor expressed no objection to
adjournment other than the expense
TO the county CT holding the large
number of witnesses and jurors who
were remaining at a large hourly
expense to the county. The court
agreed with the prosecutor and Or
dered the defense to proceed at
once
After a recess of Is minutes Mr..
| Thomas announced TO the jury that
i. was his privilege TO address them
and set forth facts which he will en-
deavor to prove by testimony. II
was evident by the elaboration of
! details that the attorney was spar
ring for time and was bent upon
accomplishing the purpose of delaying
the appearance of his witnesses by
filibuster.
Opening Statement of Defense.
Il believe that statement of the
case at this time will be of assist
ancc," said Attorney Thomas, in be-
ginning his address to the jury.
What ! say is not offered as evil
| dence. the motive is that when a
witness testifies in behalf of the de-
Tense you may know what else Is
coming so as to give due weight to
| his testimony.
| About ten years ago Brender
Canyon was a wilderness. 1t was u
dense forest. Then came the log
gers, cut down the trees and convert
ed them into lumber.
This woman, Mrs. Totten, came
out from Nebraska at that time to
find herself and her little 12-year-
old son a new home. With barely
means enough to ship her goods as
far as Ellensburg she left most of
her effects there and rode over the
mountains with her little boy, driv-:
ing a flock of goats with which she
hoped to make living. In the Vale
of Cashmere she found all the land
had been appropriated. She learned