Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-20
LEEHAN SURE He
WILL Be FREED
BEFORE EVENING.
Prosecutor Agrees to Have Ver-
dict First Degree Murder
or Nothing.
MRS. LYNCH WILL SEEK
"REAL SLAYER" SHE SAYS
Wealthy indianapolis Man May
Be Able to Tell of Mrs.
Turner's Death.
IspecInI to the Newark star.I

TOMS RIVER, Dec. 2O.--Joseph
Moriarity came into court today for
the last day of his trial confident OF
acquittal. If the jury decides that
Moriarity, who also has gone by the
name of William ]. Leehan, did not
murder Mrs. Caroline Turner, the
mystery of her death will be darker
than ever
BY far the most interesting testi.
mony so far was the story of a
woman who said that on the night
Mrs. Turner was supposed to have
died an automobile was wrecked near
the witnesses house and that she
heard a voice she identified as Mrs.
Turner's calling for help. The de-
fense contends that Mrs. Turner's
death was in some way connected
with this automobile incident and
that Moriarity is innocent.
The taking of testimony closed last
night with the defendant on the stand
He denied emphatically that he had
committed the murder, and his attor-
neys believe that they have estab-
lished a good alibi Counsel summed
before the nightfall.
When court opened today, Wilfred
H. Jayne. of the defense, said that
the prosecution set forth briefly by
way of opening the contention upon
which 1t would base its plea for a
conviction.
Justice Minturn said that in view
of the fact that at a conference OF
h. aacsfYa Ion rarsc l1. Srrh
had been agreed by the prosecution
that 1t would ask for a verdict in the
first degree or nothing, lie would not
grant the motion, but would leave It
optional with the prosecution. For
mer Prosecutor Theodore j. r. Brown
concurred I'm the request, and an-
nounced it to the jury.
Counsellor Jayne, who summed UP
the case In behalf of Leehan. opened
by an expression of confidence in the
| intelligence and fairness of the jury.
He said that Leehan felt gratified
with the patience which they had
| shown through the hours of the grueI--
lliug trial and desired that his graft
4 tude- -he-e pressed to the men in whose
hands his life rests.
Evidence CireumstantiaI Only.
! Mr. Jayne said that purely upon
circumstantial evidence the prosecu-
ton hoped to convict Iseehan on q
charge of a crime that has as Its
penalty death. The hounds of the
prosecution, he said have dogged
Leehan and dragged him into the
jails. He said that the law does not
require a life for a life. blood for
blood. nor that the life of an inno-
! cent man be taken for the satisfac-
ton of their desire that some MANI
| Quill " nr innnnant oc Ate their fnnti-
nations, be sacrificed
"The unrefuted testimony of those
| two women who swore to having seen
Mrs. Turner the day after her dis
appearance is in itself sufficient to
warrant an acquittal, because the In
dictment specifically charges that
| Leehan killed her on the afternoon OF
the day previous" he declared.
Only Out Seven Minutes.
| One of these women, he reminded
| the jury, was one whose child had
been once saved by the murdered
woman and for whom while on the
witness stand she expressed everlast-
ing gratitude and affection.
| Evidence in the alleged attack Upon
Mrs. Turner and the blows dealt
with an eight-foot pine stick, which
! Mr.. Jayne described as a mighty
catapult, was reviewed by the attor-
ney, who showed that from the
testimony Leehan must have gone
from his home to the scene Of the
crime. been seized with the passion
| to kill. with which the indictment
also charges him, have torn off the
young tree of ten-inch diameter.
struck the woman on the head
welding the club with strength
enough to force her head so far into
the earth that, as the testimony
1 shows, suffocation resulted. and
then calmly returned home all with
in seven minutes, for that is as long
as he was out of the house.
| Confident that her efforts in behalf
of Leehan will result in his acquittal
before night. Mrs Jasper Lynch,
Lakewood society woman, today de-
clared that she would not be satisfied
with the prisoners exoneration but
would bring Mrs. Caroline Turner'S
real slayer to justice.
After Leehan is acquitted today,
CONTINUED ON Page 8, Column g.
-