The Birmingham age-herald., 1917-12-01
AGED MOTHER OF DEAD WOMAN ON
 STAND IN TRIAL
Continued from Page one)

and the attorneys for the state and de- fense to hear her at the same time. After repeated complaint on the part of the defense that they could not hear what she was saying, the court stenog- rapher took a seat beside her and read aloud her ahswers. Almost invariably the witness did not stop at a direct answer, but continued with comment, which was ruled out of evidence on ob- jection of the defense.
 While being questioned about matters concerning her deceased daughter, she weakened several times and had to pause and apply smelling sales
 PROGRESS IS SLOW
 So slow has been. the progress of the trial the last two days that all hope Of concluding it before the middle of next week has been abandoned and some of the attorneys in the case have admitted the likelihood that another week may me consumed Judge Cline late today sent message to the sheriff of Ran dolph county. where he was scheduled to convene court Monday, instructtng hlm to adjourn the court there from Decem her to December 10.
 The state today introduced only three WlLHeSSeS III duulllOH lc &ilS. iNOp%iie'Sii' these being pr. Otto Schultze, pathologist attached to the office of District At torney Swann of New York, who qualified as an expert on autopsies and the effect of pistol wounds; Leonard Johnson, who told the story of the trust created by Mrs. King for the benefit of her mother and later revoked, and Henry Vanstory, assistant manager of a tourist hotel at Ashevile who testified as to the arrivals q I r41 If GaSt0n R Means Mrs Robinson, Mrs. King, Mrs. Melvin, W. R. Patterson, father-in-law of the defendant and others associated with them in Au- gust and September last.
 TESTIMONY OF DOCTOR | Dr. Schultze declared that in his opinion i it was impossible for a person to hold a pistol and inflict, either by design or accident, such a wound as that which | according to the evidence. caused Mrs Kings death. Vigorous effort was made | by the defense to shake bis testimony but he maintained and emphasized his declaration. Dr. Schultze took .25-calibre automatic pistol, the type with whicr Mrs. King was killed, according to the evidence, and made physical demon | stration of what he declared the impos- | sibility of a person holding the weapon I in such position as to make wound similar to that found in Mrs. Kings head
 1 Johnson told of an agreement of trust made in 1911 between Mrs. King and the Merchants Loan and Trust company bS which sl25OO0 was held in trust by the 1 bank composed of various securities | from the income of which Mrs. Robinson was to receive 5000 month during hei natural life and Mrs. King the balance Each month the bank sent Mrs. Robinson ] a check for the $500. In 1916 he said | F. <t.1 H. |, xrs, r previously been introduced as Mrs. King business agent, and asked the institution to make Mrs. King loan on the se curity of the trust fund which woult revert to her at her mothers death The i trust company declined to do so.
 MEANS STORY
 | In December, 1916. Means stated
 that Mrs. King, being in need oi
 funds desired to revoke the trust ano was advised that this could be done only upon application and receipt
 signed jointly by Mrs. Robinson anc Mrs. King. Later Means returned witt the necessary document the trust was revoked and the securities delivered l to Means, who gave the ban3 re- ceipt in full for them, Johnson said Not long afterward, Johnson assert
 ed Means deposited in the commercial I departmcht of the same bank S110,00; to his own credit. Afterward ne , brought s35.000 of the securities whicf had constituted the trust and secured a loan of $35.Oc0. Thereafter for a pc riod each month Means came to ths l bank, the witness said. and bought { l draft for s1000, paving cash for it | drawn in favor of Mrs. Robinson ane ] on the same sort of blank check as l the bank had used in remitting he, i $500 a month, while the trust existed l and requested the same sort of en
 velope i4, which to mail it to Mrs Robinson.
 I. Later Mrs Robinson testified tha Means told her that he had increase, l her monthly stipend from $500 .t | st0o) but did not explain why. Sh. deniel that the signature purportins | to be hers on the application and re- ceipt for the revocation of the trus
 was hers though she said it was al "imitaticn'' of her signature,
 CROSS-EX ANIMATION
 Or cross examination the defens
 sought to break down the testimon.
 os Johnson by forcing him to adini
 that he did not personally see all tn, I moneys and checks in the transaction which he had described. He pointe, :, out. however, that one individual in
 large banking institution could neve | see personally all moneys and paper handled through the house He hat | to go by the records as to some 0 the checks and drafts. but he declared 1 he had personal knowledge of the I trust fund. the securities and the re ] vocation thereof The state seeks t,
 show that Means revoked the trus