The Detroit times., 1914-06-13
CARLYLE GUMS
FATE NOW RESTS
IN JURY'S HANDS
Continues from PAGE one)

Mcore-the car from which the shot
was fred that ended Officer Madden's
llfe-and the resisting OF Madden's at.
tempt TO place Moore and Gum under
arrest. when he suspected that they
had stcien the machine.
The court said that II Madden had
reasonable suspicion that the car
was stolen. or that its occupants were
engaged in the preparation OF crime.
he had right TO arrest them, and
that resistance to his efforts consti-
tuted a felony.
IF you are convinced that Carlyle
Gum was told. on Mt Ellhottavea
by Alpheus Moore, that the car in
which they we're riding had been
stolen. and that Gum believed that
statement, and then continued To use
that car, Gum was equally guilty OF
a felony" said the court.
"A person is responsible for his
own criminal conduct, and also for the
criminal conduct OF another II he is
in conspiracy with that other TO
commit a crime The act OF one be
comes the act of both.
1T is for yyu, gentlemen OF the
jury. TO say Whether Carlyle Gum
was committing felony or was es-
Gaping after committing felony
when the shot was fired that killed
Patrolman Madden"
The court took up the AZ questions
on which the attorneys for the de-
Tense. Frank T. Lodge, OF Detroit, and
Ernest A Snow, OF Saginaw, had
asked him TO instruct the jury.
The first request OF the defense was
that the court direct the jury 10 bring
in a verdict OF not guilty Judge
Connolly denied it, He also denied a
request that he direct the jury to
bring in a verdict OF homicide in the
first degree. or acquittal.
II took over an hour for JUICE Con
molly TO go through the requests. he
denied about half OF them; in regard
to others, he modified or changed the
instructions asked for by the defense,
Assistant Prosecuting Attorney
Kelly took over an hour in conclud-
ing his argument for the prosecution
He called the jury's attention TO the
discrepancy between Gums state
ment that he started with Moore from
Commonwealth.ave at 1890 and
drove straight out Jefferson-ave. and
that of the waiter in the restaurant
at No 1919 Jefferson ave. who testi-
fed that his place was held up at
1850.
III Gum were innocent. why did
he take n Circuitous route home. att
er the visit TO the restaurant ask
ed Mr.. Kelly why didn't he drive
straight back on Jefferson-ave2 Why
did he so into the north.end by way
OF all the dark streets and alleys he
could find, If he knew nothing OF the
robbery"
III Gum were honest In his en-
deavor TO stop the machine. after
Madden had Jumped upon the running
board, why did il run from the Be
thune.ave station at John R-st all
the way 70 Woodward aver
Pointing at Gum. Mr.. Kelly said
"You have been told a great deal
about the character OF this man. but
| | want You To remember the char
acter OF Thomas Madden. His mou
is closed but this mans mouth can
speak: his eyes are sealed but this
mans eyes are open. Carlyle Gum s
blood is coursing through his veins
! but that OF Madden Is at rest
| UiuNiFis SlANihk IN 'hC i'to
of the court room, put her handker
chief 10 her eyes and sobbed
| II do not ask you to try this ease
on sympathy | do not want you TO b.
governed by prejudice" Mr. Kelly
concluded IF you believe thai
| Carlyle Glnn did not know tnat the
machine in which he rode was stolen
ask you TO acquit him"
Mr. Lodge took many exceptions tC
! the address OF Mr. Kelly, but tnC
court upheld the prosecutor in every
instance.
Assistant Prosecutor Kelly resumed
his argument for the conviction o
Carlyle Gum, charged with participat
ling in the killing OF patroIman Thorn
az F. Madden by Alpheus Moore. or
the night OF Dec. 9, 1913, when Judge
! Ccnnolly's court was convened, Sat
urday morning
Court was adjourned NJ 6 O'Clock
Friday evening, when Mr. Kelly wa'
stir In the midst OF his argument
The afternoon had been spent In hear