The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-04-07
"HOME, SWEET HOkE" TO JURY
LAWYER SINGS IT ~ rNWRIT-
TEN Law PLEA FOR WOMAN.

Jurors Weep. hut Fan to Give quick Ac.
GuittaI to wife Who shot widow VINO
Took Her Husband Love--I.sw.
yers for Both sides Score Husband.
Fort WORTH. Tev.. April e.--Singing in
q husky voice Home. Sweet Home" At,
torney Walter Scott this afternoon closed
the argument for the defence in the trial
OF Mrs. Elizabeth Brooks, who Is charged
with the murder Of Mrs. Mary Elizabeth
Rinford.
His song tremb!ed on his lips and
brought tears to the eyes Of all the jurors
the defendant and the crowd who packed
the court room. IL was dramatic finish
to the most dramatic murder trial In Texas
history and which rarely has been
paralleled in the United States. II is rare
that the unwritten law is pleaded when
one woman kills another women.
Mrs. Brooks. who is the wife Of prom
inent lawyer here. was grilled for an
hour on the stand this morning by County
Attorney John Baskin. but to all of his
questions she replied: Il don't know"
or Il don't remember
She declared that che did not recall
shooting or killing Mrs. Binford; that
she did not recall carrying a revolver
that day. or entering the Fair depart
ment store. where Mrs. Binford worked.
She said that after she heard the tele-
phone conversation between her husband
Judge Brooks and Mrs. Binford. in which
she was alluded to by both as "the old
woman" the only circumstance in her
memory is the fact that her son Clarence
was kissing her in a physicians Office
and crying. -Oh. mamma. mammal
The time between the tel phone con-
versation and when she apparently came
to her senses was blank, she declared
County Attorney Baskin asked her over
400 questions and varied them from time
to time. but all he could get from the
defendant was Il don't remember and
Il don't know" Her testimony gave
the State nothing to stand upon
Mrs. Brooks said that only love for her
two children. Clarence. 10. and Annie. IL.
kept her from committing suicide when
she found that her prayers that Mre.
Binford be made a good woman availed
nothing. She testified that for two years
she kept a revolver by her bedside at
night calmly intending to take her own
| life. but her two children and their future
came to her minds eye when she con-
templated suicide. so she put on night
by night for two years: then fully rea
lizing it would bring disgrace to her son
and daughter she locked the revolver in
q closet.
Then came the telephone conversation
she overheard. Ono day Mrs. Brooks
tried to get her husbands ofhce. Central
told her the line was busy. but central
cut her in accidentally and Mrs. Brooks
heard her husband and Mrs Binford ex.
changing words OF love and alteration
telling Of their flying pleasure trips to
Dallas and illusions to herself as the "olc
woman"
After that" Mrs. Brooks testified
-the world toppled over and ev ':v.ln &
became blank
When County Attorney Baskin nearec
the close he picked up Bible and turn.
ing to a passage read: vengeance il
mine. saith the Lord"
During the arguments Mrs. Brooks
leaned her head on the shoulder Of her
son and wept She was on the verge
OF collapse several times. Both State
and defence referred to her husband in
the most soathing terms
Following tho charge Of the jury by
Judge Simmons tonight at 9 O'Clock tn,
jury returned after one ballot with the
announcement that it could not agree
and was locked up for the night. Thi.
came rs distinct surprise to the spec
tators. who were certain that the jur,
would be out not more than five minutes
before they returned a verdict OF no
guilty.
In his charge Judge Simmons instructe,
the jury on manslaughter. murder IN tn
first and second degrees and causes lead
ing to insanity