New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-16

Smith has a great deal of sympathy for
her, and would be well satisfied with an
indictment charging murder in lesser
degree.
State Springs Surprise.
The prosecution sprang the second of
a series of surprises yesterday when it
put Frank J. Farrell before the grand
jury, a witness whose real story hardly
had been more than guessed at before.
Farrell's account Of what he saw on
the night Mrs. Bailey was killed cor
roborated in every detail where the
testimony touched the story told yes
terday by Celia Coleman. In the opin-
ion of the District Attorney, it clinched
beyond possible doubt the indictment.
Farrell made a good witness. and
when he left the jury room Mr.. Smith
turned loose his third surprise for the
defence. It came in his announcement
concerning witnesses. He said that FL
wood T. Bardes, whose testimony at the
inquest practically caused Mrs. Car
mans arrest, would not be called He
further asserted he would not call Mrs.
Ida Powell, Mrs. Carman's sister, nor
Elizabeth Carman, her daughter, nor
Mr.. and Mrs. Platt Conklin, her mother
and father.
Mr.. Smith struck a still harder blow
at the defence or, at least, it was con-
sidered as such by them-by stating
that Mrs. Csrman herself would not be
permitted to testify before the grand
jury.
The best that Mr.. Smith could be
persuaded to do by her counsel was to
say he would not object strongly to
Mr.. Carman going before the jury to-
morrow and making a statement. He
will not permit her to be sworn; he
will not ask her single question; he
will not, if he can prevent it, permit
juror to question her. She may make
or read any statement she pleases, but
nothing more. That is his ultimatum.
Defence Gets Hard Blow.
Mr.. Levy, counsel for Mrs. Carman
and DR.. Carman, at once began to CEN
ire their efforts upon getting Mrs. Car
man before the grand jury. She hastily
prepared a petition in her cell asking
the jurors to let her appear before
them. This was rushed over TO the
grand jury room. II was read by the
grand jury and at once became a centre
Of a heated debate. Some jurors
thought the offer should be accepted
that she should be questioned by the
District Attorney and themselves.
Mr. Smith argued that if this was
permitted there would be a grave aues-
tion as to whether she would not OBJ
tain immunity thereby. The argument
was not finished when adjournment
time arrived
It IS understood tonight that the
jurors will vote upon this question
carly in the morning. According to in
dicatlons now the chances are that Mrs.
Carman will be allowed to make any
statement she chooses. II will be a
monologuc. however, and no questions
viii be permitted. She will not be
sworn.
Woman May Turn Balance.
Just how far the defence has been
relying upon the effect Of Mrs. Car
mans appearance before the grand Jury
became apparent to-day when IL was
practi cally admitted that unless she did
testify au indictment was assured.
The defence complained bitterly Of i'll
treatment and unfair play on the part
Of the District Attorney. Mrs. Car
mans lawyer said he had not received
Il square deal from Mr. Smith; that I'm
fairness 10 Mrs. Carman, Bardc8 should
b, put on the stand, and the witnesses
whom he counted upon 10 prove
Bardcs'a story fdlsc. He argued that
Mir. smith was afraid 10 put Bardcs
before the grand jury because he knew
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