The Birmingham age-herald., 1921-12-17
EASTLAKE' E'SSON
 MAY TESTIFY IN
 TRIAL OF FATHER
State Rests Its Case Against Petty 0fficer-DefenSe Examines Its First
 Witnesses
By Associated Press

Montross, Va December 16.-The prosecution rested it's case late today and the defense began the presenta- ton of evidence in the trial of Roger [, Eastlake. former petty officer, who Is charged jointly with Miss Sarah r.. Knox, Baltimore nurse with the mur- der of his wife. Margaret, September 30 last. at Colonial Beach, Va Be fore adjournment was taken several defense witnesses had testified as to Gastlake's habits and home life.
 After the prosecution had rested it's ease. Judge ]. N. Chinn, accompanied by counsel for both the prosecution and defense, visited nearby hotel and interrogated Eastlakes two chii- dren. Roger, Jr. g. and Margaret, D. The trial had reached the stage where the children were the only two re- maining witnesses to testify for the prosecution, Judge Chinn, after questioning the little ones for an hour announced from the bench that he considered Margaret incompetent Co testify and that he was convinced the child's evidence would throw no sub stantial light on the case. But the boy, he announced. was in his opinion.
 
 prosecution nor defense place him on the stand he very likely would exercise his legal prerogative and call the child himself This action would not be resorted to- however the judge explained, unless he felt the boys testimony necessary.
 Wns at Work
 Defense attorneys, through wit nesses, sought to break down the contention of the prosecution that Eastlake was in his home at the hour his wife met her death, and through Franklin Carrothers, a fellow worker with lsastlake at the Dahlgren prov ing grounds succeeded in getting into the record uncontested, Carrothers statement that Eastlake was at work at about the time the murder is d. legged to have been committed.
 A. R. Crowthers of Ocean City. N. J in testifying for the defense, idenj- fled the hatchet found in the East lake home on the morning of the murder as the one which was given him by Miss Knox at his home in Ocean City to sharpen. on an occasion when the nurse was at that place. Crowther's wife, also a witness. cor roborated her husbands testimony.
 What was described as a Hove let ter" from Eastlake to Miss Knox and was said to have been found in the possession of the nurse on the morn ing of the crime by Private Detective Tom Boulwer who testified for the prosecution that the woman tore the letter in bits when he attempted 10 wrest it from her, was read to the court The epistle was worded in such a manner, it was contended to show that Eastlake desired Miss Knox to visit him at Colonial Beach.
 Note for SG0o
 Boulwer also identified note which it is alleged was signed by Eastlake for $500 held by Miss Knox.
 Thomas Howe identified blood stained pistol containing shreds of human hair found at the Eastlake place on the morning of the murder, also a blood stained handkerchief and two empty shells.
 George Mason of Colonial Beach corroborated Howe's testimony. hay ing been present when the articles were found.
 Franklin Carrothers. who was tle third defense witness to take thc stand, stated that when he was on Ills way to work about 5;30 on the morning of the murder he heard an object fall in the EastlaHe house, fol- lowed by child's scream and on ar rival at the boat. which took him 70 work, Eastlake was already there.
 Mrs. w. E. Carrothers. sister-in- law of the witness. testified she had heard a chlds scream before her brother-inlaw left the house and that it was more distinct after he had op-
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