Nogales international., 1931-09-19

for each one. Following introduction
and identification of these ledger
sheets and signature cards the pro-
secution offered them as exhibits.
Defense counsel objected to admis-
sion of any banking data concern
ing Marshall accounts after the 9th
day of April, the date of the shoot
ing. Judge O'Connor sustained the
defense objection Admission of data
on accounts prior to the designated
date was unopposed by defense and
such data was admitted in evidence.
P. E. Leatherman, cashier of the
Consolidated National Bank, of Tue
son, followed D'Autremont on the
witness stand and gave similar tes-
tirnony concerning such accounts
carried in his bank. The same pro-
ceedure was carried out with regard
to these accounts
The prosecution called Ed Jones,
cf Duane, washington, half bro
ther of Thos. K. Marshall, as the
next witness. Upon Bailiff Charles
P. Lopez returning from the court
house lobby and reporting to the
Court that no one by the name of
Jones was among the witnesses a.
waiting. call, Mr.. Jones came for
ward from his seat in the court
room. Defense counsel immediately
objected to his testifying on the
ground that he had violated the
court rule excluding witnesses from
the court room. Judge O'Connor sus-
tanned the objection and Mr.. Jones'
testimony was not taken.
At 11:45 County Attorney Hall
announced: "The State Rests.
Court was then recessed to P. M
When court was convened after
the noon recess Judge O'Connor ex-
cused the jury from the court room
for ten minutes. Defense Attorney
Darnell then moved that the jury
be instructed by the court to return
verdict of mot guilty. Darnel
based his motion for an instructed
verdict on the grounds that the pro-
secution had failed to prove mater
ial allegations contained in it's op-
ening statement; that the state had
failed to show the corpus delicti'',
to prove the death of Marshall; that
the testimony of DR.. Van Horn, prin-
cipal states witness and chief at
tending physician to Marshall, had
placed the cause of death as from
the operation performed on the de-
ceased; that the state had failed to
place the responsibility of the de-
fendant for her acts at the time Of
the shooting; that state witnesses
had testified defendant was not
normal Immediately following the
shooting. Judge O'Connor overruled
the motion and ordered the trial to
proceed.
The defense began presentation Of
it's case by calling DR.. Edward M,
Palette, of Los Angeles, to the
stand. DIR. Palette qualified his
competence as a medical witness
by stating the extent of his practice
of medicine and surgery, testifying
that he had 'practiced for AZ years,
18 of which had been at Los An
geles. Palette stated that he had
attended the autopsy on the body
of Marshall following death, at the
request of the defense. The doctor
described the wounds on the body,
stating that there were indications
of condition of general bloodpois-
oning. Replying to the 1900 word
hypothetical question that defense
attorneys have asked each medical
witness appearing on the witness
stand DR.. Palette stated that in
his opinion the death of Marshall
was not caused from the bullet
wounds but from the prolonged op-
Grafton on his hip when the wound