Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-03-19

l. NuO ~ EtiltIUl ludL lHt |
judge raped his gavel to restore
order.
waited outside the saloon for half an
hour till Moss came out.
While Moss and Elliott were on the
corner Of Twentieth and Market streets.
said the lawyer. citing the testimony.
the car with Peirce and Treadway
came up. Then Mr.. Patterson con
tinued:
There you have it. gentlemen. If
there was plot, why did they act that
way? Treadway and Peirce left. Does
that look as IL there was a conspiracy?
Does that look like concerted
scheme TO rob? Were they going over
coming back for Elliott and Moss? II
they act that way?
The district attorney says Marie
was lure. You won't hear that from
us. We are not going to mention her
on that score. Now. if the girl was the
lure, wasn't it natural that Treadwny
would have gone for her himself? But
Peirce went with him. Does that look
like scheme? BY this time Moss had
left them. apparently for Camden. How
| do YOU reconcile that?
''The district attorney tells you that
Treadway did not tell the girl where
they were going. You saw that young
lady. gentlemen. Don't you think she
would have askcd?''
Mr.. Patterson then recalled how
Marie and Treadway entered the car at
2O49 Walnut street. and how thcy were
supposed to be headed for West Phln =
delphia TO get another girl for Pcircc.
Before they started. Pcirce wanted an :
other drink. Mr.. Patterson pointed out,
but the bottle was empty.
Although they were going to West
Philadelphia. Mr.. Patterson sad
"Pcirce wouldn't go until they drove
two squares TO refill the bottle.
Now the point I make is this Not
that they went for the girl as lure.
but that they were starting out for a
party, and went back for more liquor.
Tragedy Laid 20 Drink
Here is where the district attorney
| tries to connect Trcadway for the first
time. when they go INTO Peirce's apart =
mCuts for liquor. He told you that
| Treadway waved to Moss on the cor
ncr.
When the district attorney tells you
that hc is proud Of You as an intclli =
gent jury. he insults your intelligenc,
by saying that Moss and Marie Rogers
had nothing to gain.
DO you believe that sort of Dunk
OF course they had something to gain,
"'rhe wave didn't take Moss and III =
lott in. It was the thought of drink
Tin net going into a long discus
sion Of the doors. I'm not trying tC
evadc n point. I'll stay here all day
to answer every charge. but il isn't fail
to YOU men. Tho doors might easily
have been open. On that night 200!
was not an Office building. 1t was tn,
apartment of an incbriated gentleman
don't believe he was very careful
about locking the doors
1T has been testified that Moss wa'
drunk. Marie testified to that. Moss
himself admits it. and the common
wealth uphods their testimony. Mos
might not have seen the gun, but how
about Marie? As in tho test iimony. sh'
had nothing to drink until she had th'
'sociable sip in Peirce's room. WOnldn
Marie have seem the gun? Yet she tcs
tilted she did not. Where is the plot
in this whole thing. When Pcircc hat
his first drink in the room he went
back in the sidcroom and became sick
At thas point Marie and Trcadwa!
agreed that the man was too intoxicated
to go on a party.
Last Drink Fatal One
when Pcircc came back he had an.
other drink. II he had not insisted or
having that drink they never woul,
.hnve seen Elliott come in the doorway
They wouldn't have gotten out Of the
office before he came in. No. gentle
men. il does not show u plot. bu'
shows that Elliott was the. one wh'
pcrprtratcd the crime. There is no
one bit of testimony 10 show tina
Treadway raised his hand again>
Tcircr. Then. gentlemen of the jury
you are not ministers Of vengeance. yol
are ministers of justice.
The crime of larceny has bcrl
brought up and we will answer that n
another time.
"rhc mere presence of Treadway n
the scene Of the crime is not SuthCien
to convict this boy of murder. 1t mus
he shown that there was a scheme tC
rob. The commonwealth has not showr
nor proven that. The fact that Tread
way pawnC,l anything at Cumberland
Baltimore o. Wheeling proves nothing
''IIo ran away with Marie because
! they were last seen in the company o
Percr You gentlemen heard Marie OF
the stand. She cOntradictcd Moss. W.
arc not concerned in her. He who i
without sin among you. east the tirS
;; stone, T?cadwa% or will not.
Boots" Clever Witness
: lyon saw how calm. cool and col
lcctcd she was at all times. You sav
how helpful her clever little brain wa
to her. You heard her tell about tn
gun. IL that was a lie isn't il pos
!, siblc that the story she told about tn
whole affair is lie?
: "IIow can you believe anything Sh
says? She had every reason to lie. Sh
is not only indicted for murder, but ais
, as an accessory after the fact. ! can
not explain to YOU gentlemen what tha
means. but ! can explain why Tread
way told the story that he did. He toll
il because he stuck to the girl al
, through. He had Il word aud he KEEP
| it. Did she? No. she tried to unloa
, on him. He stuck to her when Elliot
and Moss fed from Wheeling. whe
their capture was imminent; he stur
: to her and he gave false name bcraus
he was trying to save her. lie is only Il
| guilty AS Moss and the girl, aS "A
accessory after the fact. in that he di>
posed Of the loot.
"When they wore locked up here /
,, City Hall. she said to this boy. site
to Aour story and he is still sticking
He is rvading no responsibility, II
shirkS no duty. Marie and Moss haN
9 probably paid their debts 10 the com