The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-11-21

Gentlemen of the jury" said Ira
Thomas in closing his plea of defense
for Mrs. Della Totten this morning,
imagine yourself a woman, convict
ed of murder in the first degree; you
have been taken to the penitentiary
at Walla Walla; structure has been
reared within those dark walls with
steps leading to platform. On this
an instrument of death has been pre-
pared 1t is worked by secret traps
and springs of which you have no
knowledge You have been kept in
a death cell before which a sentry
has been pacing back and forth. day
and night. On the day of execution
you are led forth to this horrible
gallows, bearing the memory of a
loving son and husband whom you
must leave behind. You are forced
TO climb those steps; the moose is
placed around your neck, and at a
signal your life is snapped out.
Gentlemen, | know that before
you will send this woman to such a
horrible death, you will consider the
evidence we'll, giving her the benefit
of every reasonable doubt as the
court has instructed
With these words and after thank
ing the jury in advance for verdict
of acquittal in behalf of Mrs. Totten,
of himself, of the husband and son,
Attorney Thomas entrusted the fate
of his cielnt to the jury shortly be-
fore noon today.
1t was mastery plea. Plainly
the jury was influenced, at least for
the time being. At one time A. B.
Trimble unconsciously nodded his
head in approval when a photograph
was being used to show that Mrs.
Totten was justified in shooting jim
ME Sutton. During the peroration
delivered with intense emotion,
Juror WATSON swayed back and forth
for a moment under the spell Of elo-
quent words.
SOrenson Spoke First.
The entire morning was given up
to the pleadings of both attorneys
prosecuting attorney, Nels Sorenson,
for the defense. The newly elected
was heard for the first time on an
important issue argued in this city
by him. His was an able effort AMI
he was highly complimented. He
described the circumstances leading
up TO the homicide as shown in the
evidence; dwelt on the fact that
James Sutton was treSpasSer: that
the aged Mrs. Beebe was doing moth
ing which she was not entitled to do
under the law. He declared that the
provocation of insult to her mother
was so great he would have shot Jim
Sutton, too, if he had been in Mrs.
Totten's s. place. and you would
have done so, too, gentlemen
Jurors were exhorted to study the
courts instructions carefully.
The eredibility of the various wit
nesses for the state was analysed. He
maintained that Mrs. Totten stood
close enough that her danger from
the hammer being thrown by mad
man was very great. 1t was pointed
out that the verdict must be either
first degree murder or acquittal.
Thomas Closed for Defense.
Ira Thomas began his plea of de-
Tense as he ended, by holding before
the minds eye picture of the gal
lows on which Mrs. Totten might be
hung if the verdict should be
guilty His theory was that in
view of the acknowledged purpose to
kill James Sutton, either she must be
guilty OF murder in the first degree
or she was justified in doing as she
did.
Prosecuting Attorney Kemp was
complimented on the evident SINGER
ity and conscientiousnss with which
he had performed his duty. Evident
" when he addressed the jury, said
Thomas, he was looking not at you
but at that structure which would
appal the strongest man. He was
wondering whether he was doing
right in urging you to take a human
life, or whether a human life was
about to be taken by his act, so he
said. Gentlemen, you do as you