Evening star., 1926-12-03
FATE Of MRS. HALL
ANDBROTHERSPUT
|NHANDS0F Jury
Famous Murder Trial Com
pIeted, With Brief Instruc-
tionS to Jury.
SIMPSON is BITTER
IN SUMMING UP CASE
Scouts Theory Widow Did Not
Know of Husbands Love for
Mrs. Mills.
~, .bo Aecoc;.tad prsss

BY the Associated Press.
COURTHOUSE, S 20 NJ E r WILLIE,
N. j., December 3.-The HallMills
case was given to a Somerset County
Jury at 1:44 o'clock this afternoon.
The trial was started one month
ago today, when Mrs. Frances Stevens
Hall and her brothers, Henry and
William Stevens. were charged with
the murder Of Mrs. Eleanor f. Mills.
Mrs. Mills was SLAM with the Rev.
Edward Wheeler Hall September "a,
1922.
although the trial has lasted for
a month fundamental issues are
simple" said Justice Parker, in his
charge to the jury. "AS all the de-
PENDANTS have denied the acts, your
principal inquiry will relate to that
issue.
1.-The state must prove beyond rea-
sonabl doubt that Mrs. Mills was
murdered; that the murder was in
Somerset County; that the defendants
had part in it."
No Question of Murder.
lie said that one or more could be
found guilty.
There is no question, Justice Park
er said, that Mrs. Mills was dead
and that she had been murdered.
Nor was there much doubt that the
crime had been committed in this
county.
Although we shall instruct you on
lesser degrees of murder there seems
little possibility that it was such.
The evidence is both direct and
circumstantial," he said. THE direct
hi &c
much Of the circumStantial.'
Where proof of motive is not suf
fcient. the justice went on, IF you
nre unable to find motive, YOU Will
be entitled to consider that fact"
"On the motive phase, a great mass
of evidence has been adduced and you
should be able to decide. The defend,
ants are all charged actually and
must all have been present.
Lists Degrees of Murder.
He described degrees of murder as
follows:
First degree, principal would be
one present and committing the
crime"
Second degree, present and acting
in concert.
Third degree, principal present.
but not approving or aiding or watch
ing to prevent surprise or ready to
aid companions.
IF the State failed to prove any of
the defendants We're there and parti-
cipitating, such persons should be ac-
quilted.
Presence must be proved beyond a
reasonable doubt, he said, reviewing
the claims of each of the defendants
of not being in De Russeys lane.
There is more or less testimony in sup
port and denial, he said, but the State
remains under the burden of proving
them at the crime. The duty of the
jury is to consider the evidence, he
said. Very often CirCumstantial evi-
dence is persuasive evidence of guilt.
hut it must exclude every doubt OF in
nocence.
Discussing the calling card, he re-
ferred to Detective Totten Identifying
1t as the one found at the scene and
outlined the States contention of the
history OF the card.
Refers to Pig Woman.
eff the print is William Stevens
and If the card is genuine, 1t Is a fair
Inference that William stevens han
died it at the scene of the crime,
although not conclusive he said.
on the card" he said ''and if you are
not convinced beyond a reasonable
doubt, then the value of the card is
gone
The Justice referred to Mrs. Jane
Gibson's testimony as the chief direct
evidence. II her story was true, he
charged, it would appear conclusive
that the defendants were there, and
in corroboration the State refers to
cards resembling those owned by the
defendants.
You must assess the value of this
testimony" he said.
Basis for AcQuittal Verdict.
eff, after consideration, you find
that the State has not proved that any
one of the defendants on trial fired
the fatal shot or shots. all should be
acquitted said the justice.
but if, on the contrary. you find
that one of them did fire them, that
one should be found guilty of some
degree of homicide within the scope
of the indictment, murder in the first
degree or second degree or perhaps
manslaughter. 1t will then remain
to ascertain the guilt or innocence Of
the others.
"All those that you find to have
been there ana participating IN the
manner already described would be
principals in one degree or the other,
probably the second and likewise
guilty of the same grade of homicide
as the actual killer"
He then defined the different de-
grees of murder. emphasizing that all
murder which in effect was not com
mitted by poison. lying in wait or
other willful, deliberate or premedi-
tated killing, was murder in the sec
ond degree.
He said that the indictment was
also broad enough to admit of convic-
ton of manslaughter. but that he did
not think that appertained to this
case, although the court does not
undertake to exclude it"
At the close he called the attention
Of the jurors to the law which, in
the event of a verdict of murder in
the first degree, requires them to de-
eide whether the punishment shall be
death or imprisonment at hard labor.
Alexander Simpson. special prose
cutor, completed his argument to the
Jury at 1906 and court recessed for
an hour.
Francis Bergen, prosecutor of
Somerset County, preceded Simpson
in summing up the case for the State.
Simpson, in beginning his sum-
nation of the States case, termed 1t
the most trying of all trials" and
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