The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-09-26
The Arguments

CONCORD. y. C.. sept. -a.-Ht NV
npening nf the second days preliminary
hearing of CASTOR Means. here. In con-
n,ctfnn with the killing Of Mrs. Maudc
4. King. the defense announced that II
would offer no evidence hut would argue
for Il dismissal. The state cloScu us
rnSr yesterday.
II was announced that no habcas cor
puS had been applied for.
Frank Osborne opened tho argument
for the defense. informing Magistrate
Pitts that the defense would show that
the state had not established case on
which Ia bind Means over on charge
Of murder. After his preliminary an
notncemcnt Mr.. Osborn" said II was
necessary in this rasc ~ show tho chnr-
actcr Of the defendant. Il could call
on your honor In testify to the S"nd
character nf the defendant" Mr.. Os-
borne said. YOU have known hiH all
your life" he added.
Il nsk YOU therefore To take into con-
.;idrratinn the character Of tho dcfcn-
dant in making your decision" Mr.. Os,
borne said. The state. I've declared. had
not brought direct cvidcnc" to show that
Means was connected With the death OF
Mrs. iinE
The state claims the defendant killed
Mrs King" said Mr.. Osborne. "and IL
such :. crime had been committed it
would call for charge of first degree
murder"
A.. then briefly described the states
thrury that Means killed the woman and
said:
The state has no direct evidence To
connect the defendant"
The states case rests ouly upon tn"
statements Of these experts" he said.
re rcrrinE To Dr. William II. Burmeistcr.
Of tho coron-r's niIicc in Chicago, AMI
. Dr. otto Schultcc. Of District Attorney
SWANS nt:tc" in New York. Both at
them after qualifying. gave their npin-
ion that il would hs.c been n physical
impnssihlity FOR Mrs. King to have shot
herself in the back IF the head.
The state has not shown that tho
pistol which Killed Mrs. King was iE
the hands nj the defendant when the
! woman died" =" added. and began 10
Hralyzc the trSiir nny OF DR.. liurmeiS.
ter taking lssur with him on his find
ings.
Or. BurmciS1cr based his whole case
on the fact that nc found no powder
burns Mr.. Osb"Ya~ claimed. If he had
found powder burns or stains ne would
have admitted Mrs. King shot herself.
"Dr. Schultz" by his experiments
came 10 the conclusion that the woman
could not have killed herself withou.
his taking thr Dnwdrr marks into con-
siGcration.
THE only thing on which these eX"
pcrtS agree" hr continued. lis that the
woman was not accidentally shot
Mr. Osborne hen heTau An extended
discussion "f tho experiments which the
stntrS experts made.
The theory or :hc experts that Mrs.
King could not navo brought III" pistol
uuzz!c ;n hear on the spot wh"rr she
WAS shot in the sack ~ the head. rests
upon the SuppnSi:ion thai when the
weapon was discharged she held il IN
her right hand and fired it II the
manner. Mr. Osborne commended.
"Who told these experts that tho
pistol was in the wCiran'S hands when
it was fired" Ii" asked.
He cont-nded sh" could have held
The weapon and fired IL with her thumb.
l.. T. Ha:tzcil. O! c"J:nscl Tor Means
demonstrated - IN" court such 4
method Of holding IT." Weapon as Mi
0sborrc described ami :h'. latter asceri .
I'd il could b" rlr"G IN thnt manner &"
lnrlic, wound similar !" that which
Killed Mrs. King.
MIR Osborn" HrEiI"d hat Mrs King
did not deliberately shout herself. NO
one seeking I" commit $uirid". h- said.
,h w" Ssai t" S" w1 r% "> ""%f 6" Of
III" head"
On the same grounds h" rnntrnhcd
TINT If Means Ind determined IN kill
the woman he World have shn: in such
:, rat.nrr as would enable him IN claim
she shot md killed herself rurp,sely.
CASTOR Means would not have asked
his friend Mr.. Bingham To join HIM nnd
Mrs. King and Alton Means on thu au-
inmobile ride the night the woman was
killed # he had intended to kill hnr. Mr.
Osborne argued He also asserted Means