The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-30
JURY NOW HOLDS LIFE Of
AGED WOMAN N BALANCE:
Beebe Case Closed This Afternoon With Eloquent Plea
of Attorney Frank Reeves - Sensational Features =
Aged Woman Weeps as Ira Thomas Appeals to Sym
pathy of Jury in Her Behalf.


noon when Judge Grimshaw entered
the court room to give his instruc-
tons to the jury. In this docume nt
he covered many of the same points
and with the same words as were
used in advising the Totten jury.
The twelve men were cautioned
Nngainst being guided by appeals to
passion, yielding to popular clamor
and prejudice. They were told to
Judge solely on the evidence intro
duced in this trial and this trial
alone
The indictment against Mrs. Han
nah Beebe was read. The jurist then
proceeded to lay down the law appli-
cable to this case. If the defendant
is guilty according to the evidence,
verdict should be just the same as
though she were a man. If she aid
ed. counseled, encouraged or abetted
Mrs. Totten to shoot the deceased.
she is just as guilty 2s though she
herself fired the shot.
Reasonable doubt was defined and
discussed to nicely. 1t was shown
that a juror is not liberty to doubt
any more because he is juror than
as a man. He is simply TO exercise
the same caution that would cause
prudent man to hesitate regarding
grave matter in the ordinary affairs
of life.
The testimony of the defendant
must be subjected TO the same test
as that OF :ny other witness, but jul
rcrs must take into account the posi-
ton and interest of the defendant.
BY her taking the stand she has sub
jectcd herself to the same tests as
all other witnesses regarding her
credibility.
The different degrees Of murder
were then defined and clements of
]ach differentiated. First. the jury
must decide on whether murder
has been committed. If the shot was
fired with IRENE 1itat ton to kill, that
Is first degree murder; killing with
design but without malicious preme-
Citation is second degree murder
Manslaughter is murder without
either of the elements Of the first
and second degree. still not being
iustifiable. Homicide is iuStifiable
when committed in defense Of self
or of a relative who Is in danger or
apparent darger. Any enc of the
four verdicts is possible in this case.
In order 10 find the accused gull
Of ma rI ~ hn
necessary first to show the guilt Of
Mrs Totton; second. the premedita-
ton of Mrs. Totten; third, that the
murder vas committed in Chelan
county on august 10th, 1910; fourth
that it was not justifiable; fifth, that
the victim died; sixth, that Mrs.
Beebe was present when the deed
was committed, aiding, abetting, in
citing, encoura ging, etc.
Second degree murder is The same
a. the above except for the absence
OF premeditation. 1t must be re-
membered that single moment Is
enough for that promo -iitation. Ii
is not necessary for the jury 10 be
absolutely certain of guilt. 1t Is
enough to be morally certain from
the evidence. There must lie firm
and abiding conviction.
If all the evidence is consistent
with the supposition of innocence
then it is the duty Of the jury to
acquit. The appearance of imminent
danger is enough; actual danger is
NOT necessary. ii it is believed that
NJ. Totten was endangered by the
deceased about to throw the hammer
SIZE was justified in firing the gun
a. him and Mrs. Beebe was justi-
fled il encouraging her to do so, if
she did so encourage.
The deceased was trespasser and
Mrs. Beebe mad the legal right to
use az forcible means to prevent said
trespass except to take human life
If it is believed that mutual un-
Outstanding by both women to go to
the spot near the fence and shoot
the deceased or whoever might first
come and destroy the fence, then the
verdict must be guilty as charged.
The matter of punishment should
not influence the mind of a juror
''You will violate your oaths if you
go outside of the evidence"
Kemp Makes Plea.
The opening plea was made by
Prosecutor Kemp and showed even
deeper conviction of the cause he
represented than when he spoke on
the Totten case. What the state
must prove was pointed out. The
elements necessary to guilt were in
dicated. With sledge hammer blows
arguments were driven home prov
ing That the accused aged woman had
entered into plot to kill the first
member of the Sutton family who
cSTe down Brender Canyon and at
te3pted to again cut the wires on
tn fence which she had built across
the road on her premises.