The Detroit times., 1914-06-12
GUNN CASE TO
GO TO The JURY
THIS AFTERNOON
Attorney Snow, of Saginaw,
Pleads Eloquently for Free
dom for Youth
KELLY SCORES PRISONER
IN OPENING ADDRESS
Recalls Madden's Dying State
ment, "They Shot Me-" Indi-
eating Two Committed Crime

Attorney Ernest A. Snow. OF Sagl-
nav, who is said never to have lost a
homicide case, made loud and at
times eloquent argument TO the jury
morning, after Assistant Prosecuting
Attorney Kelly had made a concise,
logical opening address Arguments
are being continued, Friday afternoon,
and il is expected that the jury will
take the case In the course OF the
day
Roy Seheiner No. 10 Howard-st.,
was put on the stand by the defense
as its last witness. in an attempt 10
show that Wesley Moore could not
have, on Dec 4, as claimed, brought
Alpheus Moore and Carlyle Gum che
revolver with which Patrolman
Thomas f. Madden was shot by Al
pheus Moore, on the night OF Dec 9.
1913 He proved a very unsatisfac-
tory witness Ffercely cross-eXam
ined by Mr. Kelly. he developed amaz-
ing lapses OF memory. He couldn't
remember how long he lived in Sagi
naw or how long he had lived at va
rious places OF residence in Detroit.
! why can't you remember these
thihgs?" asked Mr. Kelly.
| Because | never put them down,
Scheiner replied.
"You never remember anything un
less you write II down, do your Mr.
Kelly asked.
mo, sir, replied the witness. while
Attorney Frank I. Lodge was object
ing to the question.
Frank f. Smallidge. whose drug
store was held up by Alpheus Moore
accompanied by Carlyle Gum, as the
prosecution tried to prove, testified
that Moore held him up on Dec. 4,
He could not definitely connect Gum
with the robbery.
Edwin Clmen testified that Wesley
Moore had not worked at the Ford
Motor Co on the night Of Dec. 4,
bolstering up the contention OF the
prosecution that Wesley brought AL.
pheus the gun which he carried when
Smallidges drug store was robbed,
and with which Patrolman Madden
was shot
The defense rested at o'clock
and II was agreed that each side
should have three and one.half hours
for argument.
Mr.. Kellys opening argument was
confined to an outline OF the events
which, according to the prosecution s
theory preceded the killing OF Mad
den While he talked. the dead Off
GERS mother, dressed in black, sobbed
little, and occasionally raised her
clenched fist as II calling down ven
geance on the slayers OF her son
Carlyle Gums mother was also In
court She kept her handkerchief 10
her eyes, but more to shut out the
sight OF those In the court room than
because she was crying
Mr. Kelly ridiculed Gums testi.
mony that he had not known until
late at night that the automobile In
which they rode was stolen and that
ne did not suspect that Alpheus
Moore had held up restaurant, while
ne waited for him, until Alpheus or.
fered him a division OF the spoils
He emphasized the fact that Madden,
I'm his ante-mortem statement. said
"They shot me-" indicating that Gunr
had not jumped out OF the car, as he
claims he did, before the shooting
took place
heRaTulnB MIs. bunn testimony
Mr. Kelly said
Mrs Gum, God bless her heart
did what any wife might be expected
TO do She lied for her husband
through thick and thin She even
contradicted things which the de-
fendant himself admitted
MIR. Snow after the usual compli
ments to the jury. extolled Carlyle
Gum as one OF the finest products OF
the Saginaw valley. He spoke OF the
character witnesses who had taken
the stand 10 swear that Gums repu
tation was excellent He asked the
jurors II II is reasonable TO suppOse
that a young man OF such character
in Saginaw would degenerate on com
ing 10 Detroit?
On the other hand, there was Wes-
ley Moore. Who could believe Wes.
ley Moore under oath? A convicted
man. waiting for his sentence. and
trying his best TO make that sentence
as light as possible. Wesley Moore
would certainly do his best 20 tarnish
the brightness OF Carlyle Gums char