Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-19
DEFENSE HAS. BEGUN
IN BILLINGS CASE
State Closes Direct Examina.
tion and Defense Begins
Taking Testimony

San Francisco, Sept. l9.-By calling
the "double" of Warren X. Billings to
the witness stand, the defense in the
murder trial resulting from the pre-
paredness day bomb plot this morning
opened wide breach in the state s
chain of evidence.
Shortly after the defense opened its
case, Attorney Maxwell McNutt called
to the witness stand Al DeCassia, a
clerk. DeCassia bears a remarkable re-
semblance to Billings. lie tstified that
it was he, and not Billings, whom the
prosecution witness saw on the roof,
at 72l Market street, just before the
explosion.
The same high cheek bones, straight
nose and peculiar indentation of the
forehead by which state witnesses had
identified Billings were prominent
characteristics of the defense IS new wit
ness.
DeCassia testified that it was he who
leaned over the edge of the roof and
waved at pedestrians below. The people
he hailed were not Mr.. and Mrs. Thomas
j. Mooney, bomb plot suspects, but were
companions who worked for the same
firm on Market street.
While the audience which packed the
court room watched with tense interest,
DeCassia climbed on chair, leaned
over the edge aud initiated the gestures
which states witnesses testified were
made by Billings.
The only person on the roof with him
at any time, DeCassia testified, was a
photographer, carrying small black
camera, who remained there until after
clock.
Attorney McNutt intimater that Bill
ings himself may take the stand this
afternoon or tomorrow.
Thomas Dodge, a motion picture mar
was called by the defense and contra
dicted the testimony of Traffic Police
man Moore that Moore had talked to
Mooney in front of 72l Market street.
The defense called John Mcdonald
the states star witness, who again de
MED telling any one of three men that
the police had paid him for his testi
mony.
The defense later called Henry Pincus
to the stand to corroborate DeCassia Z
testimony. He said that he tried t.
go on the roof of the building with De
} Cassia, but that girl prevented him.
Pincus apparently figured as "'the lit
tie Russian jew whom Miss Estell,
Smith testified last week insulted he
when she refused to let him 60 ON tn,
roof.
w. p. Crump was another defense wit
ness who told of a mysterious photo
grapher on the roof of the building will
DeCassiua.
Just before court adjourned, Defens
Attorney MeNutt said he is searchin;
) for the photographer who was on tn
roof of the building and hopes to ge
him to testify.
. San Francisco, Sept. 19.-With tn
prosecution ready to close its diree
case against Warren X. Billings, pre-
paredness parade bomb suspect, thi
forenoon. interest eenters today chiefl
2 upon the theory TO be followed by tn
4 defense in seeking to prove Billings
{ innocence. This will open with an al
tack upon the testimony of several o
n the states most important witnesses
e especially John Mcdonald, who testifie
D to seeing Billings place suitcase a
: Steuart and Market streets just befor
$ the explosion there, is certain. Th
Q defense laid the foundation for a nun
ber of impeaching questions yesterday
i and will produce witnesses TO suppol
its contention that Mcdonald 5 rewar
y is not alone in witness fees.
g After working to disprove all of th
e states evidence by weight of contrar
/. evidence, Chief Counsel MeNutt d
n clares he will present new evidence
e calculated to "eause the jury 10 retui
e verdict of mot guilty. on its fir
# ballot. " The defense, according to Nj
Mutt, will present its case in two day
aud It is the opinion Of counsel for hoi
sides that the question of Billings gui
or innocence will he in the hands of Il
jury for decision by Saturday foreno'
at the latest.