The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-09-25
MEANS LAWYER
ASKS DISMISSAL
CONTENDS THAT STATE HAS nor
ESTABLISHED CASE SUPPORT.
ING MURDER CHARGE.
EXPERTS DON'T AGREE
In Only One Feature Are the States
Witnesses in Harmony, Lawyer De
clares. and That Is Accidental Killing
Means Character Used

witnesses Ill 0hrnlOny, Lawyer De
clares. and That Is Accidental Killing
Means Character Used.
Concord n. H., Sept 25.-The defense
in the case of CASTOR b. Means, charged
with the murder of Mrs. Maude A. King,
consented this afternoon to having
Means bound over to the grand jury.
Concord n. c., Sept 25.-When coun-
sci for the defense announced at the
opening Of the second days preliminary
hearing today Of Castor 3. Means,
charged with the murder Of Mrs. Maude
but would rest its case on arguments
for dismissal. it became apparent that
Means story Of the tragedy would not
be retold at this time
Concord y. c., Sept. 25.--At the open
ing Of the second days preliminary
hearing Of CASTOR Means. charged with
fense announced in court that it would
offer no evidence. but would argue for
a dismissal. The state closed its case
yesterday.
II was announced that no habeas cor
pus had been applied for.
Frank Osborne opened the argument
for the defense. informing Magistrate
- rfttr tE,t tt-. r.eor.... ,,.,.,,f1 81, 90.
that the state had not established
case on which 70 bind means over on
Ia charge Of murder.
After his preliminary announcement.
Mr.. Osborne said IL was necessary in
this case TO show the character Of the
defendant. II could call on your honor
to testify TO the good character OF the
defendant" Mr.. Osborne said you
have known him all your life" he added
~ ask you therefore to take into con.
sileration the character OF the defend
ant i'm making your decision" Mr. Os-
borne said The state he declared. had
not brought direct evidence 20 show
that Means was connected with the
death of Mrs King.
Would BE First Degree
"The state claims the defendant killed
Mrs. King" said Mr. Osborne. "and If
such crime had been committed il
would call for a charge of first degree
murder
THE states case rests only upon the
statements OF these experts he said.
referring 70 Dr. William H. Burmeister.
DR. Otto Schultze. OF District Attorney
Swann's office In New York. both Of
them after qualifying. gave their opin-
ion that IL would have been a physical
lmpossibiity for Mrs King to have shot
herself IN the head
"Dr Burmeister based his whole case
on the fact that ne found no powder
burns, Mr.. Osborne claimed III he
had found powder burns or stains he
would have admitted Mrs King shot
herself"
Dr. Schutze by his experiments came
20 the conclusion that the woman could
NOT have killed herself without taking
the powder marks into consideration.
Not Accidentally shot?
The only thing on which these ex-
perts agree" he continued. is that the
woman was rot accidentally shot"
The theory OF the experts that Mrs.
King could not lave brought the pistol
muzzle to bear ON the spot where she
was shot rests upon the supposltion
that when the weapon was discharged.
she held IL in her right hand and fired
IL in the usual manner Mr. Osborne
contended.
He contended she could have held the
weapon and fired IL with her thumb. Mr..
/ Osborne argued that Mrs. King did not
deliberately shoot herself No one seek
ing Co commit suicide" he said. would
shoot themselves In the back of the
head, hut would fire at the front OF the
head"
What Means Would Have Claimed.
on the same grounds. he contended
that II Means had determined 20 kin the
woman be would have shot her in such
ia manner as would enable him 20 claim
that she shot and killed herself pur.
posely
When Mr. Osborne closed his plea for
Z dismissal solicitor Clements addressed
the court, arguing that the state had
presented sufficient evidence 20 war.
rant Magistrate Pitts. II he were try.
ing the defendant before a jury to send
the jury out FOR a verdict. lie also took
up the claims OF the defendant as 20
Means character.
Tells Of Removing Body.
Wellington told Of removing the body
OF Mrs. King from the Concord hos.
pital 10 his undertaking establishment.
Alton Means, he said. called him over
the telephone 10 take charge OF the
body A wound In the head behind
the left ear and a fractured left ankle
were the only marks on the bod
he said He placed the body in an
Theoretically sealed casket and accom-
panied Il TO an undertaker's place at
Asheville August a.
There he said. CASTOR Means noti
fled him they had decided he should
take the body to Chicago" The under
taker said he complied with these In