Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-03-19
TreadWdy's Fate
in Jury's Hands

uborc on one slue you nave !he com
Nnnnvcolt,, Of Pennsylvania, all the
nowers Of the police force. the dis
p,~, attorneys private detective force.
nn.er ,nn of the press making n spectacle
poSJ irving to fasten the guilt upon
,un ,L;a youtb, Tpon the other side you
..,' va ono moor. fricndess boy. You have
se s.en thc spectacle of newspaper men
s,,nndinr an inquistion. a private in.
.,,riew with the prisoner. and of all
~ nrpssure brought to bear on the de-
s.rdant to get some statement from
"But now. in the calm light of day.
30 meets a jury of his peers. He asks
,ou TO distinguish between false anu
;yus. to bring guilt home where guilt
b,longs. and nothing more.
"You have heard from the indict-
nent how Moss. Marie. Rogers and
Roadway are all charged with murder.
Tho common wealth has told you to re-
,srd Moss and Marie as witnesses only.
and Treadway alone guilty of murder.
Iiow arc they going to prove 1t? It's
..sr enough for the district attorney
% cav il is first degree murder or moth
;rg That's a clever trick. that 7 should
,,ree TO first degree murder or nothing.
bSt the law says 1t is up to you men
end not to him or to me to say. The
only question in law that I will men
tion is this: 1t is the proud boast of
our Anglo. Saxon law that the mere
fsct that man has been charged with
foul crime and imprisoned for months
is not sufficient to raise the taint of
shame or guilty against him.
"Thc presumption is that the pris,,.
sner is always an innocent man until
anI gaa1 rauaipq ~
front Of her until it is destroyed.
mot by Inference. not by argument
NOT BY eloauence. but by the testimony
d witnesses upon the stand must this
be destroyed.
After you have heard the testimony
and our answer. the law steps in and
saws that before you can render a YER
dirt Of guilty you must be salts
fed beyond a reasonable doubt of the
rIilt or innocence of the defendant.
Hits Theory OF State
As for the degree of murder. man
daughter and the like. that can well be
left in the capable hands Of his homer.
DESPITE the discrepancies in the two
sides. there are facts. and it is on facts
and facts alone that you are to try the
issue.
Tho commonwealth relies on the the
ory that there was robbery. Take its
casc alone. it is bound by what it proved
here. II cannot in ono breath say 'El-
lott struck the blows and then turn
around and say Maybe Treadway
struck some blows. You are not con-
ricting on 'maybes.' but on facts. You
must find conspiracy TO rob. You
must find that Treadway and Elliott
:. 1nts 81. hn
Ease. Marie and Moss were not in it.
and. therefore. although Elliott struck
the blows. according to their story
they prove it. they confirm it by every
fact in the casc-Elliott struck the
blows.
Denies Proof Of Plot
Il will take little of your time this
morning There has been lots Of testi
mony given and we don't gainsay lot
of It. The real question is what hap
prncd on that night. Where is there
proof Of scheme between Elliott anf
Trcadway TO commit any crime? Al
the testimony given from the time th'
fugitivcs left Philadelphia to the time
Of thcr arrest in Wheeling has no bear.
Ing on the case.
Great credit is due to the detective
force for bringing all these witnesses
here. but after all it was TreadwaH
who gave them the information.
There is no question about the
fight There is no doubt that after il
was all over everybody fed and ran
away, Bat the district attorney says
TrcadwHy flea because he was guilty o.
murder: that Marie went away becaus,
hhc was forccl to go. And that Moss
well, Moss Just He'd. just went away
Certainly everybody went away and al
are guilty OF something.
"lhr district attorney knows they
all stole the car. And il they wpr,
here on that charge h" knows they
would all bc convicted Of stealing It.
But all this has nothing to do with
who was responsible for the murder.
Natural TO Run Away
1T is an ordinary impulse of human
nature for them TO have done this. They
wer" mixed up in the case and they rar
away, And they helped carry off th,
booty Elliott took. They were acces
sories after the fact. But the warran,
charges Treadway with being guilty OF
me crime. The district attorney say,
lreadway was guilty OF conspiracy ant
mat death cnsued. and that, therefore
Ireadway was guilty of that death.
Now let us go to 2040 Walnu
street That's where Trcadway was
living. Let's stick TO the main fact
only. While the district attorney would
have YOU infer there was something sin
st"r about it. | know you will obscrv,
Your oaths in this matter.
Ireadway and Marie were sittin
IN the room that evening and Moss an,
Elliott came in. Treadway knew Elliot
AL,
nm and no more. Even Moss did no
know his last name. Trcadway kncy
him as Al
Moss and Elliott suggested tha
they go get some liquor. Moss had bcel
nrlnKlng all afternoon and he wanted
some more liquor. ! asked the it'll
grl where they went and she said the
went I" MCCalIs. For her own reason
sne wanted to tell'hcr own story. How
rSer' Moss said. Yes, they wanted t.
30 to McCall's."
No Attempt TO Cheat"
Nov. | will quote Testimony fairl,
without taking your time to refer t,
IN" record. The district attorney di,
M we same thing. Neither of us tried t
way. p''' Wv e""'' '""
t., 'h tho way to the saloon Moss wa
or, "L Sn"h n condition that It was notice
rpr ana h" got into an argument will
y. ."ruhh"h man on the street. They 90
m iar az Twentieth and Market street
'"W ."n ,h"n they met Pcrcc
r, mere is no earthly doubt tha
''" met them there. and let inc sa,
,L maven heard one word from II
spout Pcirrr. We are not going to tall
'O'u' % lcirce's unfortunate condition.
No,I I"Irrc has made his peace with hi