The Birmingham age-herald., 1911-11-29
NIGHT SESSION IN
 PATTERSON TRIAL Both Attorneys Make Im-
 passioned Pleas KIPLING IS QUOTED
Mrs. Patterson Shows Strain of Long Trial, But Manifests No EmO- tion During Attorney Ben
 sons Caustic Speech

Denver, Col, Nov. 2S.-At the night ses- Sion Attorney Hilton finished his argu. ment for the defense in the Patterson murder case. An hour was soon con, sumed by the prosecutor. The case went to the jury at 9:45 o'clock.
 All afternoon till dusk in the dingy little court room, a relic of Denver's early days, the defendant sat nearly all the time in one posture, her elbow on a table and her cheek resting on her hand, concealiDg her countenance from the spectators. Her fingers stretched across her eyes, shut out the sight of Prosecutor Benson as he painted tho killing of Patterson as the deliberate climax of completely selfish life.
 Attorney Benson closed an impassion- co arraignment of the defendant by ex- hib.ting the coat worn by Patterson when he was shot. He pointed to the powder marked hole in the back and gave 1t to the jury for closer examination.
 Attorney Hilton, for the defense, paint ed his client as the unfortunate victim of two men. He asserted that any of the assaults which Patterson was said by witnesses to have made on his wife would have justified her in killing hlm.
 Against Mrs. Patterson's plea of self defense the state has placed the fact that she shot her husband in the back and has put on the stand a witness who declared that after his attention had been attracted by two shots he saw Mrs. Pat terson standing over her husband. who was on his hands and knees before her, and that she fired into his back once more.
 It has sought to impeach her testimony regarding her husbands cruelty and abuse by the introduction of letters couched in most affectionate terms writ ten to him by her at dates only a few oays subsequent to several of the alleged beatings.
 When Gertrude Gibson Patterson reacli- ed court today for resumption of her trial on the charge of staying her hus- band she was pale and wan, and deep circles about her eyes gave mute evi- dence of a sleepless. worried night.
 An unpleasant scene marked the tes- timony of the first witness who had been originally called for the defense. The witness was Mrs. c. A. Jones and she was compelled to admit Jones was not her real name nor her husbands The state brought out that the witness had been married to man named Burnwell, and counsel for the state indirectly stated that the man had been tried for horse stealing in several counties of Col orado.
 Mrs Jones testified yesterday that she witnessed an assault by Patterson on his wife.
 Mrs. Mary G. Patterson. mother of the slain man, being recalled, testified that she had paid all the expenses attend ant upon her sons illness, excepting those for two weeks.
 Attorney Hilton asked that the jury be taken to the scene of the shooting. but Judge Allen said he could see no valid reason for such action and began | reading his instructions to the jury. "A fool there was and he made his prayer (even as you and D | "To a rag and a bone and a hank of | hair
 We called her the woman who did not care,
 But the fool he called her his lady fair
 And she shot him in the back" was the way Attorney Benson opened his address.
 The prosecution then took up the early life of the defendant In an attempt to convince the judge that it was no un- sophisticated 15-year-old child, but an ex- perienced woman. who won the devotion of Emil W. Strouss in Chicago. Benson declared that the evidence shows that Gertrude Gibson was 21 or 22 years old when she met the Chi cago clothing manufacturer and five or six years older than Charles A. Patter- son.
 Joe Briscoe, the saloon keeper. was Mrs. Iattersons first and Mir. Strouss her second, so far as l have been able to discover" Attorney Benson was con tinuing, when Attorney Hilton, jumping to his feet, objected and the court dered the jury to disregard this part on the prosecutors argument.