Evening star., 1917-09-25
COUNSEL FOR MEANS
ARGUEFOR RELEASE
Submit No Defense Evidence,
Declaring State Failed to
Make Case.
REPLY BY THE PROSECUTOR

BY the Associated Press.
CONCORD, N. c.. September SS-
The defense in the case Of Gaston
n. Means, charged with the mufoef
of Mrs. Maude A. King. consented
this afternoon to having Menhs
bound over to the grand jury.
CONCORD, n. c.. September 23.-At
the opening of the second days pre-
liminary hearing of CASTOR Means
charged with the murder of Mrs. Maude
A. King, the defense announced IN court
that it would offer no evidence Out
would argue for dismissal.
1t was announced that no habeas cor
pus had been applied for.
Opens His Argument.
Frank Osborne opened the argument
for the defense. informing Magistrate
C. A. Pitts that the defense would show
that the state had not established a
case on which to bind Means over on
charge Of murder. After his preliminary
announcement Mr.. Osborne said 1t was
necessary in this case to show the char
acter of the defendant.
"I could call on your honor to testify
to the good character OF the deieno-
ant" Mr.. Osborne said. You nave
known him all your hfe' ne aaoea, o.
consideration the character OF the ae-
fendant in making your decision, Mr.
Osborne said. The state, ne declared,
has not brought direct evidence to
show that Means was connected Win
81
The state claims the defendant
killed Mrs. King" said Mr.. OSBORNE.
"and IL such a crime had been COM
mitted it would call for a charge OF
first degree murder.
Takes Up States Theory.
He then briefly described the states
theory that Means killed the woman.
and said: The state has no direct
evidence to connect the defendant
..The states case rests only upon the
Statements OF these experts" he said,
referring to DR.. William H. Burmeister
of the coroner's ONCE in Chicago ana
DR.. Otto Schultze of District Attorney
Swann's Office in New YORK. both OF
ion that 1t would have been physical
impossibility for Mrs. King to nave
shot herself in the back OF the heao.
The state has not shown thae the
niStOl
the hands of the defendant on the
morning the woman died." he added.
Then ha began to analyze' the testi-
mony sc DR.. Burmeister, taking issue
with hiia on his findings.
Discusses the Testimony. >.
DR.. Burmeister based his whole case
on the fact that he found no powder
burns, Mr.. Osborne claimed. IF he
had found powder burns or stains he
would have admitted Mrs. King shot
herself
'Dr. schultze by his experiments
came to the conclusion that the woman
could not have killed herself without
his taking the powder marks into con-
sideration.
"The only thing on which these ex-
woman was not accidentally shot"
"Rests Upon supposition."
The theory of the experts that Mrs.
King could not have brought the pistol
muzzle to bear on the spot where she
upon the .supposition that when the
weapon was discharged she held 1t In
her right hand and fired it in the usual
manner, Mr.. Osborne contended. Who
told these experts that the pistol was
in the womans hands when it was
fired?" he asked.
He contended she could have held the
weapon and fred it with her thumb. L.
T. Hartsell. of counsel for Means. dem
onstrated to the court such a method of
holding the weapon as Mr.. Osborne de-
scribed. and the latter asserted 1T could
be fred in that manner to inflict a
wound similar to that which killed Mrs.
King.
did not deliberately shoot herself. mo
one seeking to commit suicide" he
said, would shoot themselves in the
back of the head. but would fire at the
front of the head"
Advances Theory to Free Means.
On the same grounds he contended
that il Means had determined to kill
the woman he would have shot her in
such a manner as would enable him
to claim she shot and killed herself
purposely.
his friend, Mrs. Bingham, to join him
and Mrs. King and Alton Means on the
automobile ride the night the woman
was killed if he had intended to kill her.
Mr. Osborne argued. He also asserted
Means had asked Mrs. Maize Melvin,
Means also would not have wanted even
his own brother along if he had planned
murder, the defendants counsel argued.
Mr.. Osborne closed his plea for dis
addressed the court
Solicitor Clements Argument.
Solicitor Clements argued that the
state had presented sufficient evidence
to warrant Magistrate Fits IL he were
trying the defendant before a jury to
send the case to the jury. He also took
up the claim of the defendant as to
Means character.
The solicitor said that Means would
not have bought an automatic shoot
ing a steel -jacketed bullet merely for
target shooting. but he bought such a
weapon to make sure of killing the
woman He said the states evidence
showed the pistol was in Means hands
only a few hours before the shooting.
Was Alone With Mrs. King.
The solicitor contended that CASTOR
Means put Earnest Fury. the negro
chauffeur, away from the spring after
the party had arrived there, and that
bingham and Alton Means had ALREADY
zone off, leaving CASTOR Means alone
with the woman. Then the shot was
hred. he added.