The Washington herald., 1914-10-25

the course OF this trial that you are the
sole judge Of the Cacts. This is the law
OF the State. l want you to have that
in mind throughout the case. You must
determine what the facts are, irrespec-
tive OF what either the counsel say or
what I have said or will say. You must
Judge the case and then render your
verdict according to the facts. The
defendant starts out with the presump-
ton she is innocent The defendant is
charged with causing the death OF Mrs
Louise D. Bailey and the indictment in
effect charges her with killing her with
intent to kill That is homicide
He then defined homicide. which he
said was the killing Of a human being
by another.
He said there were different degrees
of homiCide-murder and manslaughter,
excusable and justifiable homicide. He
then defined murder in the first and sec
ond degrees and manslaughter. The cred
ibility Of witnesses rested entirely with
the jury. he said. and added that they
could disregard the entire testimony Of a
witness If they thought II was false.
entirety If they found only one part false.
The burden Of proof rests with the prose-
cution. he added. and the Jurors must be
sa tisfied beyond a reasonable doubt.
Discusses Four wItneSses.
THE fact that the defendant installed
a dictograph is no evidence that she shot
Mrs. Bailey" said Justice Kelby.
In his charge Justice Kelby did not de-
trpf HfGrnGgfnn IN witnesses
He named only three OF them-Dr. Car
man, Farrell, the tramp, and Celia Cole
man, the negro servant
The defense then asked him to charge
that they take into consideration the fact
that the witness Farrell had been con-
victed of larceny. Judge Kelby then said: !:
Il 50 charge"
The defense also asked that the actions
of DR.. Carman following the homicide
must not be taken against the defendant.
Il so charge" said the judge.
Defends Celia Coleman.
Il have seen the vision of this de-
fendant praying TO her God for forgive-
ness. And, on the other hand. l have
certainly seen the picture of that inno-
cent woman lying on the floor in DR..
Carmans office. l would not do this
woman or any other woman a wrong.
Tn, counsel for the defendant has criti-
cised me and the way 1 have handled
this case. l have done my duty. 4Lr.
Graham is not my boss.
Mr.. Graham has talked for two hours
about the treatment accorded the negress
why do you think, gentlemen, that
expected help from the Carman house
after / found out that the family had
talked to her and that she had made a
statement for Mr.. Levy? Do you think
that she would ever have told what she
knew IL she was allowed to remain in
the Carman house?
DO you think I expected help after I
found out about the mechanical caves
dropping?'
"Insidc Job," He Says.
mo, 1 tell you. gentlemen, 1 knew
this was an inside job. That It was done
land.
"I determined to get the truth. went
after the person who knew about every
person in the house.
"And 1 tell you this girl has been an
witness The most pathetic
thing in this trial was when she said
she lied because she was sorry for her
former mistress
The district attorney vigorously de-
Tended Celia Coleman and then started
in to analyze the case Of the defense.
''You can't expect any enlightenment"
he said, from Mrs. Carman. "She has
a vital interest in. the outcome OF this
case.
''Do you think that 1t would be human
for a woman to come downstairs after
hearing a noise, finding out that q
woman had been shot, and then not have