Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-03-19
No Testimony Offered in Be-
half of Alleged Slayer of
Joseph Rogerson.
MOTION TO FREE HIM
is OVERRULED BY COURT
Case Will Be Given to the Jury
Tomorrow Following Argu-
ments of Counsel.

No defense was offered today by Clar
ence Rowzee, twenty-three years old,
at his trial for murder in the first de-
gree in connection with the killing of
Joseph D. Rogerson at 1405 New York
avenue November 9 last.
His counsel at the close of the govern
ment's case. moved the court to instruct
the jury to render a verdict of not
guilty for lack of proof that Rowzee did
the shooting. The motion was overruled.
Owing to the lateneSS of the hour when
the arguments began. Justice Gould de-
cided not to submit the case to the jury
until tomorrow.
The first argument for the prosecution
was made by Assistant United States
Attorney Hawken. He was followed by
Attorneys NJ. A. Sullivan and J. F..
Capers for the defense The closing ar
gument will be made by United States
Attorney Wilson.
Lack of Proof Claimed.
In presenting the motion to instruct the
jury Mr.. Capers claimed the government
had not shown that it was Rowzee more
than Rogerson who fired the shots The
two men We're alone in the lunchroom;
one was found dead, the other appar-
emily dying. The proof does not show.
he claimed. that it might not have been
Rogerson who shot RowZee and killed
himself.
Ulysses Fennell. a colored waiter at
RogerSon's, was the last witness offered
by the prosecution, shortly after recess,
today. He said he left Rogerson leaning
on the counter while he stepped into the
rear room.
He heard mans voice Saluting Roger
son. and almost Immediately after the
latter had returned the greeting heard
the shots fired. The defense did not
croSs-eXamine the witness.
Inquest Testimony Barred.
The defense gained point today when
it succeeded in preventing the introduc-
ton of testimony to show statements
made by Ezma Mink Rowzee before the
coroner's jury. Mrs. Rowzee could not
remember what her testimony was at
that time.
The government sought to have the
stenographer read his notes and to have
Detective Baur, who was present at the
inquest. say what he heard Mrs. RowZee
say at that time.
Misses Lille R. Mink and Violet Mink
of Philadelphia, sisters of the second wife,
told of the visit of RowZee to Philadelphia
with their sister last fall.
They said he went to New York and
their sister came to Washington on re-
ceipt of telegram supposed to have been
sent by RogerSon. Later, when RoWZee
saw the telegram, he FASTENED to Wash
ington just before the tragedy.
Tells Of Threats by Rogerson.
, On cross-examination by Attorney Ca
pers for the defense, Mrs. Ezma Mink
RoWZee, the second wife, declared that
she had communicated to the accused
threats against his life made by Roger
son. She stated that Rogerson carried a
pistol in his hip pocket while on the
street and told her he kept it In the
drawer of the cash register while in the
lunchroom. She said she knew of no rea-
son why Rogerson should want to kill
Clarence
Assistant United States Attorney Haw-
ken on redirect examination showed the
witness the revolver found in the cash
register at Rogerson's after the killing and
asked her if she had ever seen it. Mrs.
Rowzee acknowledged she had owned the
pistol and had given it to Rogerson. Mr..
Hawken then inquired if the witness. in
advising her husband of the threats had
informed him she had given Rogerson a
revolver. Mrs. Rowzee said she had not
advised her husband in reference to the
pistol.