New Britain herald., 1926-12-01

IltultLdil NlelCiuCH Ol l1le UeT- sey City police force. also testified 10 hearing Di Martini say Hello, Mrs. Demarest."
 Ray Grimm, Philadelphia newspa- perman, testified that Arthur Apple gate of Lavallette had told him he could not fix the date on which }he caught a bluefish which has been much discussed in connection with Henry Stevens alibA.
 Mrs. Elsie Barnhardt, the last state witness, testified Di Martini told her he had been to see Mrs. Jane Gibson, the states chief witness.
 Mrs. Barnhardt is a sister of Mrs. Mills, and Mrs, Gibson's statement that the detective had been to see her concerning her eye witness story of the killing. das denied by Di Martini when he was on the stand.
 Elbridge w. Stein of Montclair, an the first witness called by the de- fense.
 Justice Parker ruled that he could not testify in rebuttal Of the states testimony that the enlarge mems of photographs of Willie Ste- vens' fingerprint and on a disputed print said to have been found on a calling card near the bodies con- tained distortion.
 Justice Parker ruled that the case must end some time and that the defense should have presented this testimony in its case in chief.
 Defense Argument.
 T think your honors are quite mistaken" said Robert H. McCarter of defense counsel in discussion of the motion of the special prosecutor to exclude this testimony. He for the first time referred to him as "Simp son" instead of "counsel' Or "Sena- tor Simpson"
 Docs the court make a distinc- 1 tion between the right of the state l to receive favors and the right of l the defense to have favors shown | it?" asked McCarterI
 Justice Parker's gavel gave its most resounding thud of the trial. .
 T hope not" replied the judge, 1, land the court refuses to hear you further on that subject"
 We then ask the privilege Of re- opening the defense case just as the state was allowed to reopen its case for a moment yesterday to permit the introduction of testimony of Newark detective" continued Me- Carter.
 The motion was overruled.
 Diary Is Exhibited
 Stein was shown the diary of Henry Stevens, and referred to the entry under September 14, 1922. He disputed the testimony of state handwriting experts by saying that in his opinion the third line of the entry was written after the fourth line. The diary entry has become in the alibi of Henry | as the September 14 entry an item concerning the of bluefsh on the night of the murder. E
 On cross examination Stein said he believed three pencils were used in writing the four lines of the fourth separate items under Septem- Der 14, but that the Mst time might have been written with the same pencil as the first two lines, but with a different face" of the pen- cil.
 Aided by McCarter's grin, can you tell us whether you can find any other entry the same as this" asked Simpson.
 My what? My what?" asked McCarter, rising quickly from his chair.
 Thought It Was Grin
 Your facial expression" said Simpson, then adding in an under tone, T thought it was grin"
 When the witness answered the question, he said he had found no two entries in the diary that were alike.
 Striking at the testimony of state experts that diary entries on the day of the killings had been written with more care than any other in the book. the defense expert de- clared he could see no difference in any of the entries in that respect.
 Herbert J. Taylor. navy finger print expert, who had testified for the defense that the print on the calling card was not that of Willie Stevens finger, was the next wit ness.
 The defense was the winner of long argument on whether Taylor might testify on superimposltion.
 McCarter said that his testimony was in rebuttal of state contentious that the only discrepancies between Willie's fingerprint and that on the calling card were caused by the dis puted print having another under 1t
 Taylor testified that traces of could be found on about half the print but not in these portions of the disputed print in which the defense had pointed out between the authentic print of Willies finger and the print n dispute.
 Wilbur Rogers, Brooklyn news paperman, testified that he was passenger in the elevator in which Mrs. Demarest and Di Martini were 
 Heard No Greeting
 'Did you hear Di Martini say Hello, Mrs. Demarest'?" asked Case.