Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-01-28

hi"ntoWn, ne went also. They were seen
on the porch together, >and they went
riding together. The car wns In front
of the house all Tuesday night and ali
"wednesday night. 1t was few squares
from the house on Wednesday night. On
Thursday afternoon he openly left the
house. Is there anything In that to
show he was guilty Of fight?
The automobile was taken by the
police Thursday, and public informa-
tion given that the man was wanted.
This information reached him on FRI
day, and II was on Friday that his
counse. told Major Wynnc that ne
wanted to surrender to the police.
There was not the lapse of n mo.
ment when this man was a fugitive
from Justice"
The fact that he made a threat is
shown, Mr.. Gray continued. II can
cite authorities that such grudgc as
was shown was borne in this case Is not
sufficient motive in view Of other cir
ctmstanccs. The threat was mndc on
August 13, and on September 20 he told
about the $500 fight in the ring being
planned. There always had been friend
mess before between the men, and he
was cheerful both before and after the
threat. In fact, he attempted to sell
the very gun he had before he left Cur
wensville. His conduct all through ne
gated the threat. which never reached
the state of an intention to kill.
Hits Dccoy Letter Theory
They produce n letter which they
claim wns written by the defendant. a
letter proven to have been written Oc-
tober o. 1920. and signed Samuel Ma
gee. The letter from Reading ndvis-
ing Drcwes that the writer had Nash
cur that had run 1863 miles and was
on sale for $500. Is there anything TO
show that Brines had Nash car, or a
cur for sale? Nothing.
/"1s there anything to show that the
letter was written to get Drcwes to
Philadelphia? No-for the letter asks
TINT answers be sent to the general
delivery at Rending. The testimony
shows that Drcwcs was going to Read
ing via Philadelphia.
why would Brincs write IN Magce's
name. when his roommate, Heath. says
that Drewcs said he was going to buy
n car from "Bill" Brines'?
''1f that is true Drewcs knew the
name of the writer of the letter, and
there was no deception. Suppose Drcwes
wanted to leave college and got Brines
to write him that letter with the name
Magec on 1t, which would enable him to
get away from school and would assist
him later to the title Of the automobile.
"All these things are consistent with
the theory OF innocence.
1T Is significant fact that they
have produced not another bit of cor
rcspondence from Brines that might
have been found in Drewkes' desk or in
bis posscssiOn-nOt n word. Where did
Drcwcs get the word from Brines that
he had an automobile for sale? There Is
not scrap of paper to show. So this
letter as proof Of -the crime Of murder
amounts to nothing.
Cites missing Links
"Your honor must consider negative
testimony, also. You must consider the
absence of testimony. You must con-
slider the fact that since October 10 this
matter has been in the hands of the dis
trict attorney and the district attor-
ncy's detectives. and they cannot pro-
duce any further testimony. There was
open to the commonwealth the oppOr-
tunity to take the lads finger prints.
Is there singe piece of evidence to
show that his finger prints were on the
automobile, on the gun, or on any place
that would form link in the chain?
They had an opportunity to get
Drcwcs' fngerprints, and il he was
killed in connection with the car would
they not have been able to show his con-
ncction with the fingerprints in the car
Were this defendants fingcrprints found
in connection with Drcwcs' body or
clothing? Such evidence Is absolutely
lacking.
There is no evidence of struggle
where the body was found. or any
hlnnl 70 chou. thof fhnrn frOnhlp in
the car. In the pockets of Drewes were
found Liberty bonds and money, which
were not disturbed. II Drewes was
killed as the result. of grudge, and II
Drewes did the defendant out Of $40
or 500, it would not be consistent to
find the money and bonds undisturbed.
Would man who would kill for $40 or
500 have left them there!
Asks About Drewes' Trip
II don't know why Drewes was
dressed as he was, with the various
articles Of clothing he had with him
and his ayiatOr's cap. lie had Phila-
delphia to Frankford time table and was
found near Cheltenham. How did he
come to get there? BY automobile or
train?
Excess checks in his pocket showed
he had paid his fare from Millville to
Philadelphia, and left Atlantic City for
philadelphia on the o'clock train that
afternoon.
Your honor must have some positive
testimony that Is consistent before this
court should say that there Is enough
evidence to send this case to the jury.
, Unless the commonwealth establishes
, more facts, then their case must fall. l
wish to refer to number Of cases
where circumstantial evidence resulted
| in convictions, where persons have been
executed and afterward found innocent.
81 cite a case that was tried before
Judge Patterson in the Philadelphia
courts which was one of purely cir
cumstantiul evidence. Judge Patterson
allowed this case to 60 to the jury, and
when the case. was appealed on motion
for new trial, before Judges Patter- =
son, Ralston and Wilson, they not only
set the verdict aside, but their instruc-
| tions were for Il verdict Of not guilty.
There isn't q case in this country
or any other country to- show that "A
person was convicted on evidence such
az we have in this case.
Then Mr.. Gray became eloquent.
Gesticulating with his hands above his
head, and uttering his well calculated
phrases in e..torian tones, he shouted
isn't it possible that some one else
! and not Ii:ines drove that automobile?
No jury in the world should be permit
| ted TO say that this boy drove that car.
There isn't any proof that he was in
the car. There isn't any proof that he
killed Drewes. 1t isn't fair. 1t isn't
lawful. This boys rights are not pro-
tccted if the jury is allowed to think
this boy drove that car, or was even in
that car, and the commonwealth has