The Washington herald., 1912-01-25
MACDONALD FATE
SOON BEFOREJU
Bigamist, Deserter, and Sol
dier "Don't Remember"
Killing Second Wife.
FIRST WIFE A WITNESS
Mrs. Gillette COrroborates Gillette
MacDonald's Testimony as to
Being Subject to Fits"
FIRST WIFE. A WITNESS

Did Edward ]. Macdonald kill his wife
Gertrude Macdonald on May Q last in
the Colorado Building with deliberate and
premeditated malice is the question which
the jury that has been sitting in Justice
Barnard's court since Monday morning
will be requested to answer when the case
Is turned over to them either late this
afternoon or tomorrow morning.
District Attorney Wilson, who in con-
nection with Assistant District Attorney
Proctor. has been conducting the prosecu-
tiou. will submit prayers 10 the court
this morning asking that the jury be
instructed to the effect that intoxication
does not bar the legal consequences Of
crime; that IL a person designs to kill
another, and fortifies himself with drink
for the purpose Of committing the crime,
he Is guilty OF murder in the first de-
gree: that II a man is sane shortly before
and after committing a crime, he is
presumed to be sane when he committed
the crime: that the defendants interest
in the case should be duly taken into
consideration by the jury when weigh
ing the evidence.
Counsel Are Agreed.
Counsel for the government and the
defense practically agreed upon these
points to be submitted in the prayers
Of the prosecution this morning. Justice
Barnard consenting yesterday afternoon.
after all the evidence was in. There may
be slight changes In the wording OF the
prayer, but the sense will be as stated.
Daniel W. Baker. counsel for Mac
Donald, intimated that he would submit
a case to the court this morning show
ing that drunkenness has reduced crime
like the one for which his client Is on
trial to simple manslauEhter. ,--.r. Baker
said he might embody a point TO that
effect in his prayer asking that the jury
be made acquainted with the law in the
case.
Macdonald plainly showed yesterday
when court adjourned the strain which
the day had brought to him. He looked
wan and tagged. Just before adjourn
ment Prosecutor Wilson again called the
prisoner TO the witness stand on cross
asked him whether he
going to the Colorado Build
ing on the fateful day, chatting with his
wife, entering the elevator, going up to
the fifth floor, leaving the elevator, and
shooting his wife.
Remembers All but Crime.
Macdonald admitted he remembered
cNGLg GACGpNAAB AlAdA SASN AAo
wife He said he was daEed when he |
found himself with a revolver in his hand |
and being told he had killed his wife.
4 number OF letters from Macdonald |
to his wife were read 10 the jury, in |
which the prisoner pleaded for forgiveness |
for his past conduct, promising to be a |
good husband in the FUTURE and. asking |
her TO help him to get out of prison, to |
which he had been sentenced for deser- |
ton. Macdonald identified the letters as
having been written by him.
For the purpose Of showing that Mac |
Donald was drunk when he committed |
The deed, the defense had subpoenaed |
?. Y. Stonestreet, a saloonkeeper, who /
testified that the prisoner had been at /
his place OF business on the morning OF |
The murder and that he thought he was |
under the influence Of drink. Upon /
Stonestreet admitted |
that he did not know whether MacDon-
AID had been drinking; that he appar-
emily walked and talked straight Wit
ness said he took defendant to the Colo
rado Building on the day Of the murder
In his automobile
Henry Joseph Gillette, OF New York,
a brother of the prisoner, testified that
Macdonald had been subject to fits since
early childhood. Gillette said he had |
teen informed by Mrs. Gillette, the pris-
oner's New York wife, Of the murder,