Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-07-09
Motion 10 Dismiss Denied Az
ter Eloquent Plea Of Law
yer Though Court Seems
Impressed
COUNSEL CONTENDS
CASE NOT PROVED
Defendants Attorney Argues.
That Motive and Accessible
ity of Poison Have Not Been
Shown,

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fsv MORNING JOURNAL arsotAl LGssto wiss'
! Waukegau. III. July S.-Taking Of
evidence in the ease Of WIN H. Orpet
charged with tine murder OF Marion
Lambert. was concluded today. Ar
gumeuts viii begin Monday. The
usual motion to dismiss was made and
denied.
In a few words. denying the motion,
( Judge Donnelly said
Judge Seems Impressed
~ have listened with deep interest
TO the words and logic advanced by
counsel. but opinions differ. After
all. | think the case is one for the
! Jury to decide The motion is denied
Court Is adjourned untll 800 o'clock
next Monday
/ Mr Nilkerson's remarks before the
ruling were briefly supplemented by
( Attorney Ralph Potter. who, with
| Leslie = Hanna, is associated with
Mr.. Wilkerson in the defense. Refer
/ lrtng TO the analysis of the evidence
made by Mr.. Wilkerson, Mrs. Potter
lcoucluded
Defense Lawyers Plea.
! THE absence OF motive for the
murder on the part of the defendant
/ the uudvailability of potassium eva
hide TO him; its availability TO Mar
{ ion. her motive for suicide, all are
luncontradicted facts which have been
I 80 firmly established that if William
/ Orpet should arise IN his seat at this
| moment and assert that he killed
Marion Lambert with cyanide of po-
tassium there isn't anybody in tins
court room who wouldn't demand that
Z he prove IT,
Mi Wtike,son dwclt mainly on the
/ IuncontradiCted testimony of cverA
chemist who testified on the puin
! that Marion died Of cyanide OF potas.
slum poison, ana that as four of these
I experts asserted the only cynnidt
available to the defendant That IN the
/ greenhouses on the Mccormick es.
tate, Of which f.. o. Orpct father OF
the prisoner, Is superintendent, Wai
Jumps O? cyanide of sodium.
Rcductiu nd Nbsudum
These chemists without contra
diction, testified that to have obtain
ed the four grains of potassium eva
nidc found in the girls stomach she
would have had TO have eaten more
/ than two pounds OF the poison If In
lump form, or to have drunk more
THAN two quarts OF a solution made
! from the Jumps" declared MI WI
/ kerson such contention would be
absurd
Thus the Jury, If still suspicious OF
the defendant is left absolutely to
guess at the soursc of any supply
which Orpot may have had. Not one
word of testimony has appeared In
the whole case bearing one any other
supply than that I'm the greenhouse.
And the law in cases such as illlH
whore murder rs charged and partle-
ularly whore the use of poison ls al
LEGGED asserts that possession of the
poison must be proved beyond DOUBT
says Proof l. Lacking
The state has not proved TINS ana
the contrary has been proved without
contradiction by the defense EUR
ther uncontradicted evidence has
shown that cyanide of the strength
ueed is not available at drug stores.
THAT used was Of purity ordinarily
found In few places except laborator-
ioq ana the fact that Marion was
alone lu laboratory whore the pure
article was available to her, that she
was there I'm violation Of school rules,
and that this was ON the day before
her death has been clearly shown
without contradiction of any sort
Witnesses today were Dr. Ralph W.
Webster rchuttal witness whose
cross examination was completed,
Fred l. Weubau. The undertaken unto
whose charge Marions body was de
Uvcred. n. IT, Kraft a druggist of
lake Forest. the home OF the OIpet
and Lambert families; Z. o. Orpej
and Alexander Allen only one new
element was injected into the case