The Washington herald., 1912-11-26

attention Of Justice Tompkins was df-
rected to the latter, and just before court
convened juror No. D. Harry Tweddle, a
farmer from Montgomery. was summoned
to the judges chambers for confer
ence
Tweddle denied he had had any con-
versation with regard to the pending
case, although he admitted that he had
heard man regret in his presence that
an Orange County prosecutor did not
have charge Of the case. Tweddle was
then permitted toresume his seat in the
Jury box and the trial was resumed
Yet another dramatic incident marked
the proceedings In his cross-examina-
tiOn Of Deputy Sheriff DeGraw on FRI
day. Elder made ap oint OF asking If De-
GTaw had not instructed Miss Isabel
ROchcietti as what she was to testify
to il called Elder even commanded the
lady to stand up. DeGraw made fat de-
nial OF the incident. To-day, in his sum-
ming up. Elder once more referred to
the incident and again demanded that
Miss Rocchietti. who is a very pretty
girl, stand up She shot up swiftly, her
eyes blazing with anger
Il demand the right to speak, your
honor" she said, as the proceedings
came to a sudden halt.
Justice Tompkins gently refused and
the incident was over as quickly as ic
had her say later outside the court
room, however.
Mr. De Graw never said anything to
me about what I should testify to- she
explained, and what is more, Mr.. Elder
knew 1t and subjected me to an indignity
to feed his own professional vanity"
Elder led OF after all his motions for
dismissals had been denied. tried to lay
the responsibility of all of Gibson'S
troubles upon the newspapers. whom he
declared had bounded his client Praos
ticaIly two of three hours which he con-
sumed in his summing up, with ono
hours intermission for lunch. were given
up. however, to an attack upon John S.
Minturn. Jr.. star vltr ess for the State,
whose testimony ns,ccted Gibson closer
with the actual commission of the crime
than any other called. Minturn's actual
sanity was called in question by the
lawyer.
Case Goes to Jury.
For the rest. he made a point Of fact
that no witness was called who saw Glib
son commit any crime, and he labored
hard and earnestly at the reasonable
doubt upon which the issue rested.
Elder finished at p. m. and at SO
Wasservogel got under way with his
able marshaling Of the evidence of the
prosecution.
Every shred of evidence" he declared.
points TO the guilt OF this defendant
as charged In the indictment"
He pictured the scene on Greenwood
Lake, reciting with dramatic effect all
the events of July Is. One strong point
which Wasservogel brought up was:
IF Rose SZabo had been alive when
she struck the water her body would
have come to the surface and her shrIeks
would have been heard. But only his
body reappeared and only his calls for
help were heard"
He was alone in a position to kill"
cried the lawyer. He alone had a mo-
tive-in every dollar OF her $1,000 was
motive.
Wasservogel finished a few minutes be-
fore o'clock. and after a recess Of If
teen minutes Justice Tompkins began
his charge. He stood while delivering
that being the upstate custom. It was
an ideal charge. The definition of the
duties of a jury OF a reasonable doubt
of the presumption of a defendants in
nocence until he is proven guilty. There
after he proceeded TO review impartiaIly
the testimony presented by either side.
and propounded. after his review of tho
OF each witness. the questions
which their evidence suggested.
1t was 7:4O when the case was handed
to the jury.