davidaulloa/AmericanStories huggingface dataset:
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21
GR|MSHAV LAID down
LAW To T0TTEN JURY
Evidence Completed Saturday Afternoon-Judge Gave
Instructions to Jury-Kemp Made Opening Plea for
State-Various Degrees of Guilt Defned-Mrs. Tot
ten Flnched Under Singing Indictment.

! Did you ever walk down the road
in front of Mrs. Totten's house with
your brother Jimmie and hear him
| say, Those are bad women
No. SIR" came the quick answer.
Did you ever hear him refer to
anybody as a bad woman?"
NO. sir, | did not"
Attorney Thomas did not delay the
young witness with any cross-exam-
| ination.
Taking Testimony Ended.
1t was las when the state an
nounced I'VE rest the case" Judge
Grimshaw babe the jury retire while
he entered his chamber to prepare
instructions. The task consumed
nearly two hours, but there were few
who left the room during this period
of suspense. At 1885 he re-appeared.
soon followed by the twelve jurymen.
Instructions Given the Jury
With measured tones and incisive
articulation, the presiding judge de-
livered his address, laying down the
law which is to guide the jurors in
reaching q verdict. Forty-five min
utes were consumed in reading the
document.
If the instructions of Judge Grim
shaw are closely followed by each
one of the twelve jurors. they should
have little difficulty in agreeing up
on a decision
They were told the exact charge,
evidence was defined, the method of
distinguishing fact from suggestion
was shown. 1t was pointed out that
the accused must be given the same
lest, no greater and no less, than d
man would receive. She should be
presumed innocent until evidence
proved James Sutton was killed by
her hand. That being certain, the
burden Of proof rests upon the state
to demonstrate that the act was per-
formed as the result of premedita-
ton. This premeditation, however
might have been given in a brief mo-
ment. Time is not an element in
malice aforethought.
II the accused committed murder
purpose To take the life of the de-
ceased, the verdict should be ''mur-
der in the first degree" The court
impressed upon the jury that it was
10 consider only guilt or innocence.
Punishment is left with the court
Il an error of any kind has been COM
nittei in trial, remedy has been
provided. A juror must decide sole
~ on the evidence actually introduced
on the stand and in accordance with
law as interpreted by the presiding
judge.
After the homicide is established
as fact and the state has been I'M
able to prove generalization. then the
burden rests upon the defense to
show that the act was committed
either accidentally or justifiably.
Ii defendant killed deceased while
she was under the spell Of passion,
being thereby temporarily bereft of
her reason, she should be found
guilty of murder in the second de-
gree"
If accident was the cause, criminal
elements being involved, "manslaugh-
ter must be agreed upon.
If the evidence adduced indicates
without a doubt that the act was
done to save the defendant from be-
ing killed or from suffering great
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

The first witness called by the
state in its final rebuttal to testimony
given Saturday morning by Mrs. Tot
ten and her mother, Mrs Beebe. was
Mrs. Jane Sutton. mother of the de-
ceased. This was her first appear
ance as witness before the jurymen,
although she had been sitting at
their feet all through the trial.
She said Jimmie was not excited
when he left the house at about
o'clock on that fatal afternoon. He
rather seemed in good humor. Good
bye, mamma; I'm going now.
These were his last words to me, =
said the mother in trembling voice.
She could not have remained much
longer without breaking down from
emotion. The state at this point
yielded witness to Attorney Thomas,
but he did not make any crO5s-eX-
aminatiop.
Little Johnny Sutton, ten years of
age, was the last witness who gave
evidence against the woman who
slew his brother, James. The boy
entered in front of the tall and mus
cular sheriff. A manly little fellow
wearing a becoming grey sweater
coat, he was the picture of self-pos-
session, marching forward with his
hands in his trouser pockets. There
was nothing of the "smarty' about
this lad. His manner and differen-
tial tone of voice showed his good
breeding in way that spoke volumes
for the training, not only Of himself,
but CT the big brother whom the de-
Tense had been trying to prove a
brute that was shot in the act Of
striking down women after calling
them vile names.
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

II don't want to strike anybody
when she is down, but / must call
your attention to the controlling
facts and urge you to do your duty
as American citizens
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

man. VIM. Patton also heard her
make this statement at that time.
Now she comes in here and denies
that her mother was in jeopardy, but
that her own life was threatened. -
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

she was sitting in the Patton auto,
at that moment cunning and clever.
she told, in the presence of Bob Ell
linwood, the reporter of the Daily
World, that Jimmie had the hammer
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

raised above her mothers head and
that she had to shoot to save her
mothers life. Nothing was said at
that time about her own danger as
the reason for firing on the young
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

bodily harm at the hands of the
slain; or il 1t appeared to her that
her mother was in similar jeopardy,
the jury can say nothing more than
mot guilty. She would then be free
to return to her home in Brender
Canyon.
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21
Circumstances of the Crime.

guilty.
Circumstances of the Crime.
ION that pretty August day up in
Brender Canyon these women went
up little above the side of the road.
bearing a gun, and sat down. A lit
tie after four o'clock along came Jim
Sutton riding with his sister Nettie
and his two Younger brothers. They
we're goinS after some vegetables
and the conversation bore on that
subject Their father had come
DOM for a load of wood q few hours
before and being unable 10 get
through, had returned with the team,
leaving the wagon near the obstruct-
ing fence. This was the only road
by which it was possible for the Sut-
ton family to get from their home
to and from the outside world.
You will notice that the witness
as of the state have been frank and
sincere Jimmie knew he was on
Mrs. Bcebes land and that he had
to cut the fence wire in order to get
through. For convenience let us call
it a spite fence. There is no argu-
ment about his cutting this wire.
Mrs. Beebe called his attention to
the trespass sign. Said he didn't care
for that. Mrs. Totten said if he cut
the wire she would shoot him.
He could not realize any danger
when he was only trying to get
through by the only possible road
going from his home to the outside
When Mrs. Beebe bothered him, he
said, not in anger, If you were
man Id make you get out of the
way. Since you are woman, | can
only ask you to stand aside and let
me cut this wire Then Mrs. Totten
raised the gun. He tried to dodge
her aim. She fired
If it is a question of being acct
dental shooting. there is plenty of
evidence to show that it was the most
FLOODED murder imaginable
Think of Mrs. Totten turning to Net
tie Sutton, just after shooting down
her brother, when the young woman
had said. Now you've done it. The
reply was, You shut up or I'll shoot
you, too" Terrified with fear, Net
tie leaped from the buggy and ran
up the hill to hide behind a load of
wood.
Previous Threats.
The threat OF Gabrielson whose
words had the ring Of conviction and
reference to Mrs. Brayton, who was
driven out of the neighborhoCd by
Mrs. Totten, were referred Ito and
made the accused woman so angry
that her attorney turned and eau
toned her to refrain from showing
her feeling.
Confirming Witnesses.
THE states testimony was not con-
fined to that Of Nettie and the SUIT
ton family. We find no less than
Sheriff Ferguson telling that she con-
fessed on the afternoon of the MUIR
der, saying, | told Jimmie that if he
cut the wire | would shoot him.. To
Deputy Kenyon she told next morn
ing when the facts were still fresh
in her mind that she just had to
shoot Jimmie Sutton, because he
bothered her grandma So
Now, with the aid of able coun-
sci, she comes in and testifies that
she was compelled to shoot in self
defense. Just after the arrest, while
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21
Reasonable Doubt.

The much mooted question of
reasonable doubt" was explicitly
elucidated. Evidence must be &C
copied for what it is actually worth,
considering the reliability and trust
worthiness of each witness. No juror
should set up his own fancy of what
upon which to base his conclusion.
If testimony is such as appears rea-
sonable to a prudent and just man,
it should be taken fully into account.
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21
Defendants Testimony.

The story of Mrs. Totten must be
allowed the same test as that of any
other witness, keeping in mind her
interest i'll the case. The same thing
applies to Mrs. Beebe and all others.
Those having no interest one way or
the other should receive greater ere
dence than persons who have a vital
interest in the verdict.
The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21
Prosecutor Enters Plea.

1t was 1920 O'Clock when Prosecut-
ing Attorney Kemp arose to begin the
pleading. After expressing apprecia-
| ton for the patience of the jury he
declared argument was approaches
with proper solemnity in view of the
fact that human life was at stake.
1t is his duty to press the case in view
of the facts adduced.
Mrs. Della Totten is charged
with committing the greatest crime
possible, which was done with pre-
Ileditated purpose. The court has
given instruction regarding the var
iOus degrees of guilt and the differ
ent verdice which may be rendered.
The jury is the final arbiter Of the
factS.
the evidence heard whether the de-
PENDANT is guilty Of justifiable or ex-
cusable homicide, or one of the three
crimes described as murder in the
first degree, murder in the second
degree or manslaughter. Premedita-
ton is the essential element present
in the first degree. Its absence re-
duces the verdict to second degree
If the act was accidental or done
without intention, manslaughter
must be your conclusion. If she was
justified in killing James Sutton,
then you should acquit her as not
guilty.
The sun., 1910-01-30

effects which do not soil readily
and 80 are serviceable despite their light
cOloring. but the fact remains that TO many
q woman q light cOlored tailored suit
is not 30 becoming as a dark suit, no
matter how severely il is made. Where
this ID the case. and il is the case far more
often than women realize. by all means
throttle your longinGs for spring gayety
and cling to sober dark blue OF some other
dark color.
Blue Is to be much worn as usual and
is always a safe investment since. pro-
vlded II Is really dark and not Of very
vivid or purlish tone. II Is almost untver-
sally becoming and is the coolest locking
Of the dark colors.
some delightful lighter blues Of soft
dull silvery shades mixed with white are
among the honespuns and tweeds and
these same tones appear too in loose
woven rough diagonals and in the smart
stun Of the aame soft, loose, rough sur
face order, but with a weave suggesting
the old time basket weave. Correspond
ing shades and weaves Of rose, mauve.
biscuit. gold and lime green are on the
counters and have a fresh springlike
look.
They are charming when made up with
the utmost severity, and the three models
illustrated here are good examples OF
the lines along which the tailors are
making up these loose woven light hued
cloths, and the darker stufs as well,
though IL happens that the original models
in these three cases were all in the rough.
light goods.
The coats as will be seen from the
sketches are shortened. though not to
an extreme degree; the low cut collar
ia retained: the coats are but little cua
away, IL at all. In the matter OF the but
toning there is variety even among the
severest tailor modes. the number OF
the buttons depending chiefly upon the
The sun., 1910-01-30

ccasions in price upon orders placed in
january or early in February.
SO order your tailored suit early. madam
but give earnest consideration to your
needs before you order IT, II you expect
TO wear it In warm climate during the
summer and WIN not be able to have
linen or silk coat and skirt suits to sub,
stitute for it then or trig frocks and dust
coats to Vse FOR summer travelling. shop
ping, &c, by all means pass the rough
and somewhat heavy woollens by, even
though statesmen assure you that they
are to be the only wear and insist upon
having lightweight, fine twill serge
or similar material. These materials
are always worn in midsummer. even
in rough cloth season and in hot
weather are less oppressive and trying
The sun., 1910-01-30

these. so conspicuous that many shop
pers turn 20 look at him, is a man with a
mop OF hair thick as that OF a football
player and which is almost snow white.
Literally this man has grown white in the
service Of the house, but judging from
his smooth. ruddy face and vigorous
personality he is not more than 40. All
over the house are gray haired men OF
that age and under. In this same store
ten gray haired women. none arrived at
middle age, were counted on one floor.
In another store whore this condition
II equally apparent the head mana ger
sal d that it was all nonsense these days
70 say that because man or a woman had
a lob.
"It is hard for an old man TO get lob.
I admit that the manager said. But
gray hair in no hindrance any more In
This business applicants are judged by
what they can do and little by what they
appear to be able to do.
IF q man appears TO be vigorous, hale
and hearty, II no looks alert, acts as IL he
had some kfs In him, the color Of his hair
doesn't count q rap. The same rule sp-
plies to women. In fact in very many
cases gray haired women are 70 be pre-
dentials Judge by. not their hair.
But you can't make some persons
believe that Why, there is youth OF is
In our delivery department who has a
patch Of gray hair over one temple. The
rest Of his hair is jet black Ten chances
70 one before he is 30 his hair will be al
most white. No. the day is past when
gray hair means necessarily old age
At one Of the popular establishments
devoted principally TO altering the color
Of woman's hair an attendant who has
been with the firm twelve years said
that with few exceptions the customers
Of the place were under 20.
we have really very few old ladies'
who come TO have their hair dyed or
touched up.' she said, but the number
Of quite young women who come for that
purpose Us far larger than Il was when |
was first employed here. We have three
sisters on our books, the oldest perhaps IS.
as ls&st ons oe thsm has. The youngest,
The sun., 1910-01-30

than the woolier weaves, even when
the latter are loose woven and light.
II. however, spring wear Ia the chief
consideration or a cool climate is to make
homespun and tweed endurable, slightly
rough material is probably the wise choice
this season. The early showing of suit
inss indicates a strong feeling for light
weight and light colored versions OF the
rough. loose woven stuffs so popular
last season and all the prettiest things 50
far are in these materials. Smoother.
lighter woollens may come along later.
but It seems safe TO assume that the
rougher sturs will be good style through
out the season. Certainly they are attrac-
tive enough to justify continued success
Many light or comparatively light
colorings are shown. supplying u welcome
change after the unusually sombrs lines
OF the winter season, but right here is
a pitfall for many a feminine foot.
The light colored tweeds and home
spuns and kindred weaves are lovely.
Moreover, they are usually OF mixed
The sun., 1910-01-30

who looks to be about rs. came for the
first time this winter. All are self-sup-
porting women. the two Oldest being
teachers and the other a stenographer.
Each feels IL to be to her interest not
to have gray hair.
Perhaps one-hsk OF our patrons are
business women. or the women of
leisure the largest percentage are about
35 years old or look TO be about that age.
It's not easy to tell q woman's age.
That lady going out has just had her
hair done. She is quite gray
The woman referred to, very stylish,
pretty. Handsomely gowned, looked about
rs, and the golden brown hair she wore
away matched her appearance better than
gray hair would.
Women patrons" resumed the en-
plOyee. ARE in the majority. but men are
far more numerous now than ten years
ago. It would surprise the public to
know how many quite young men come
here TO have their hair dyed. For in
stance one customer. only %, is an actor
Every once in a while his hair Is done
thoroughly here, and when on the road he
keeps IL tou ched up himself.
Another young man who comes regu-
larly is not yet 20. These OF course are
exceptional cases.
"In most cases come across it is busi-
ness reasons rather than personal vanity,
l think, which causes the man to dye his
hair. II 10 perfectly true that the num-
Der Of gray haired young and middle aged
men and women increases every year;
Il certainly has increased fast in the last
ten years"
The sun., 1910-01-30

toward the bottom or down the fun
length Of the front and back The Hatly
stitched front panel or box plait running
down to meet a group OF plaits below
the knees and associated with plain
sides and full length box plait hack
or inverted plait beck is very frequently
seen ON good models. There are yoke
skirts too. but less is seen of them in
the severe tailor modes since the coats
are shorter.
The arrangement of pockets in two
OF the models reproduced for this page
is interesting. and II ia in such details
az this that the clever tailor finds orig
lnallty even for his most conservative
models. These three are good models toe
for the ever popular white serge. which
is indispensable for the Southern and
summer outfits OF we'll dressed women.
More extreme lines have been followed
in many OF the Riviera tailored costumes
but this 10 hazardous bus ness unless
you can afford to put frock aside later
provided you find that you have made
q poor guess.
A good many models on Russian lines
have been made up. and some OF them
are exceed 'ngly good looking and modish
but one of New York's most fashionable
tai ors in discussing the question OF the
first tailored suit summed up the situation
this way:
I'VE are making Russian coats and
we shall make more. In fact I believe
we will all be tired of them by the time
summer is well begun, but l advise leav'
ing the Russian lines for linens and tus'
sors that you won't want to wear In the
fall and for dressy. soft stuffs that viii
stand artistic fullness and trimming.
The Russian coat. severe and simple
is trying to the average figure. II ID
essentially youthful, and IL is bounc
to be passing fad much overdone
Have your general utility tailored sui
severe and conventional. with just tins
materials and some little details TO st2mB
IL as this seasons.
Then you can wear it for spring and
probably lay it aside for midsummer
and il will he all right in the fall wher
you put your summer linens aside anc
come hack to town"
The sun., 1910-01-30

whose eyes are violet and she simply
rcvels In yiolets and navy blue.
The brown eyed woknan can put
brown lsaves ON her roses, whiiD the
woman with pink cheeks can wear
camallias With their pink suggestion;
but don't try sharp contrasts Your hat
70 supposed somehow TO blend with your
face.
at IL high time TO begin upontyour
spring complexion. You must treat
your face in these ways:
You must bleach the skin until it ts
pink
~You must treat it TO keep the wrinkles
and freckles from getting into IL at the
first breeze. 's t
You must acclimate It 90 that the
spring air will not spoil the tone
You must diet Tor roses and lilies II
you want them to bloom in your face.
-You must study out your own
color scheme il yon are going to worf
out your salvation in the choosing OF
your flower hat FOR spring"
The sun., 1910-01-30

anxiety and fewer comforts than I.
Neither was his health any better than
mine. IL 30 good.
Some apparently easygoing men and
women in comfortable circumstances
from the start have known to get gray
long before they were 70. have known
others. poor at the start. who for years
worked hard. struggled hard to make
a living. who were not gray at 70. There
is no rule about 10.
Gray hair is no respecter OF persons.
II anything the rich get gray quicker than
the poor do. l have noticed, however,
that men who work most out Of doors or
whose occupation does not confine them to
the house'all day do not get gray 90 soon
an men who from the start work In an ofiice
or a store. There are exceptions to this
rule, but ! am speaking generally.
THE explanation for this is that we'll
prides itself on. dry the hair too much,
exhaust too quickly the oil upon which
the hair depends for nOurishment Our
forefathers did not have such well heated
buildings TO work in. which may have
saved their hair.
but there is another reason for prema-
tIlre gray hair I attended a social func-
ton one evening and saw young woman
Of perhaps 10 or 20 with perfectly gray
hair. Now in that case IL was the blood
and the doctor explained that II there
were too much OF certain properties in
the blood or too little OF other properties
the result would be lack OF vigor ex-
tending even to the scalp.
UNFORTUNATELY" he said, with most
people grayness In upon them before
they find out that their blood is not all
that IL should be; that IL would be the
hattar for A little doCtorinQ'
The commercial traveller who made the
observation about New Yorkers leading
in premature grayness had just left a
department store whore even the least
observant shopper can't help noticing
the many gray haired men both behind
and In front Of the counter In many OF
The sun., 1910-01-30
GRAY HAIRS COME EARLIER
4 NEW YORK POPULARITY
or RECENT YEARS.

More Gray Heads te Ne seen I'm stores
and OnIces-A Condition . Physician
Can't ExpIaIn--Gray Hair Not Neces-
Grown gray in his service" does not
mean as much as it once did. in New York
at least. and some observers declare that
zach generation seems to grow gray ear
Her than the preceding generation. A
commercial traveller who circles the
United States every year told an associate
fhst he met more gray haired folks In
"usness houses here than in any other
or the large cities either East or West. and
physician who was trying TO explain
why It was rare these days to find q man
"r woman OF 35 who did not have some
gray hairs also said he had noticed that
New Yorkers led all in this respect.
Grny hair at rs is getting to be quite
common here, the physician said. He had
MANY youthful patients with gray hair.
He himself in the prime OF life was
-grayer than his father, also a physician.
az su
The physician could supply no oonvinc-
ing reason why this should be 30. No
one he thought. could give q convincin g
reason for it or explain why our fore
Steers, even the hardest working Of them.
managed 10 stave OF gray hairs longer
man We do. Worry. hard work. poor
neaith are among the causes commonly
assigned for premature grayness. but
'Wentleth century New Workers. have not
monopoly OF these things.
My father said the physician. worked
h"1"r M TO middle life and had far more