The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1921-09-28
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| hAOSh
leaving Douglas and Mahoney to
grthcr. When we returned,
Douglas said;
"T'yc Just had a talk with
Jim and he asked me " ] was
going to Insist on the death pen
atty. 1 told him n he desired Ia
! make statement he could call
for me later and ! would hear
what he had 10 say
"Then Douglas turned 20 Jim
and asked. linn. l. that the con.
ycrsaticn that took placer
Mahoney said II was"
STATE RESTS ITS
CASE; DEFENSE BEGINS
/ on cross.examination. Johnston
asked remnant;
you adopted theory In this case
and followed Il thruoutY"
II did." replied the witness.
And you found tho body right
where you thought you wouidf" put
I In Patterson.
Il did," was the reply.
The state rested It's case.
l.. n Schweilenhach. assistant De.
fense counsel. presented the opening
/ statement Of what the defense viii
attempt TO prove. lie said:
There arc two important
facts In this case: one l. the iden-
tity Of the woman whose body II
In the morguc. We expect to
prove Il Is not the body OF Mrs.
Mahoncy. The other Is the dis
appearance Of Kate Mahoney. We
expect to prove she was alive aft
err April 10. the date when, the
state contends. she WAS muir
! d-rrd"
Mahon~y may take the stand
IN his own defense. IL so. he
win be called ss the last witness,
his attorney said at noon.
Mrs Nora Mahoney. the de-
PENDANTS mother. Mrs. Dolores
johnson, his sister. and his L.
year.old niece, Margaret John.
son. win be defense witnesses,
counsel said.
DIVER FIRST WITNESS
CALLED BY DEFENSE
Frank Mapes was the first witness
called by the defense. A. a diver
for Finch a Co. he testified no
searched the bottom Of Lake Union
for the mystery trunk beginning
May -. eight hours day for ~
DAYS. Part OF the time he worked
nj the end OF a e0-foot rope and part
OF the time Oft sea-sied. He -aid
the water was clear enough for him
TO see 10 feet. Another crew OF
divers. part OF them police officers.
wa. working at the same time. he
said
on REORGANIZATION tho witness
admitted that some of the time II
was impossible for him to seo more
than two or three feet under tho
water. He was unable 10 say whether
ne had ever searched that area
where the trunk was finally found.
lie admitted he might have mis-ed
trunk altogether n ~ had been
Lying on the bottom OF the lake.
Another diver. Henry Finch. jr..
testified as tho second defense Wit.
ness that he searched the lake bot
tom from May Is TO June -. hy the
sans methods used by Mapes. and
found no trunk.
III. REORGANIZATION brought out
| that tho water was 90 dirty. h.
walked IN a stopped position. In this
position. he said. he would have been
more likely 10 miss a trunk that was
suspended in tho water than one ly-
ing on the bottom. lie said he had
found two electric transformers In
the lake that no had been searching
for once before. These transform.
ers were about the slxe Of u trunk.
lie admitted he could not guarantee
TO find an object tho size OF trunk
on the Lake bottom by the methods
used.
lie said. however, that II q trunk
were suspended by q line reaching
70 the lake bottom. his air line would
b@ likely 10 become entangled with
the trunk line.
MAHONEY DEFENSE
PROBABLY WILL RE ALIBI
An abb Is Mahoney's probable
defense.
In addition. he probably win dis
pute tho identity of the woman's
body ia tho morguc. declared by
states witnesses TO be that Of
Kate Mahoney. his alleged muir
dered bride.
Nineteen witnesses 70 testify In
his behalf we're quietly subpoenaed
late yesterday by the accused cx-
convict's attorneys.
II have contended all along and
stili contend" said his attorney.
Lee Johnston. that the body N
not Kate Mahoney's."
II don't know. frankly. what the
defense will be-" he added. we
will attempt to spring no surprise
This Is just an ordinary plug case
plug along and do what We can
when We sec what the state Is try.
Ing to prove"
Johnston said he did not know
who his witnesses would be. AZ
| the same time he placed in the
hands OF the clerk Of thu court the
names OF the 10 he wanted sum.