Smyrna times., 1932-01-27

: could wipe them all out" Refer
ring to the defense's attempt to
show how, on circumstantial evil
dence alone, as clinching a case
could be built up against Charles
S. Howe, who discovered the trag-
edy, as the State had presented
against Lee, Mr.. Anderson said
Defense counsel have endeavored
to pull the old time-worn trick of
dragging herring across the
trail in order to get into the minds
of the jury the impression that Mr..
Howe, decent, upright, law-abid-
ing citizen of Worcester county,
had stepped in and committed this
crime because Mr.. Davis had a
roadside stand" The defense had
commended Mr.. Howe had had to
close his roadside stand on account
of competition from Mr.. Davis.
am surprised at the defense for its
attempt to sully the reputation of
such a white gentleman by such an
insinuation," the prosecutor con-
tinued.
Shows Victims Tobacco Pouch
After dwelling to some length on
the garments and trinkets of the
Davis women, being found in Lees
room, Mr.. Anderson held aloft the
tobacco pouch Lee said was his
own and which State witnesses
said was Mr.. Davis, the prosecu-
tor asked how it happened to be
in the defendants pocket when he
was arrested. 'Frame-up? No.
1t was given to him, he says, by
a man at the Fullerton, Md. Hotel.
Can there be any doubt, any rea-
sonable doubt, any suspicion of
doubt about that ?" The prosecu-
tor took up the roll of bills,
amounting to $50, found on Lee
when he was arrested. Mr.. An
derson contended the money repre-
sented Mr.Davis' receipts from the
weeks sales at the fruitstand, add
ing: And he (Lee) wants you to
believe it came from sales of
whisky"
Tried to Frame Another
IF there's any framing in this
case, let me call your attention to
it. The defendant told you on the
stand himself i didn't ask him;
he just blurted it out-that he was
in prison in Pennsylvania. Murder
will out. There comes a time when
the small voice of conscience be-
gins to speak. Can't you see it in
this case? Jones began to fear.
So he tells poor old Jim Fapsitt
Ocean City Negro where these
people the Davises are cutting
corn. This was at 2 o'clock Mon
day. The Davises are lying dead
in their beds, and Jones wants to
put Jim Fapsitt there where these
dead people are SO the crime will
be pinned on poor old Jim. There's
the frame-up, if there was any
frame-up," Mr.. Anderson shout
ed. There's the story. He never
had seen the man (Fapsitt) before,
but he told him where there was
work for him. He wanted to get
away from any possible suspicion"
Denies Police Planted Articles
Referring again to the inability
Of Lees landlady to identify GER
tain articles the State contended
had been found in Lees room, Mr..
Anderson said: The defense would
have you believe that what she
didn't identify was planted. BY
the police Why was it necessary
for the police to plant part of the
things when the rest were there ?"
When Mr.. Anderson had conclud-
ed, a few legal technicalities were
disposed Of and Chief Judge Offutt
delivered his charge to the jury.
Child Opened For State
Mr.. Child said Lee had intended !
to revisit and set fire to the Davis
farmhouse. Mr.. LevinSOn objected i
on the ground that the statement |
was not based on the evidence and /
moved that the jury be dismissed |
and a mistrial declared. He was
overruled and took an exception.
Defense Answers
Mr.. AIDES stressed that Lee ''has |
not prepared a scheduled, carefully
alibi. He attacked the |
States attempt to show that Lee
bore a grudge against the Davises
for their racial attitude. Follow
ing Mr. AIDES, Mr.. Levinson talked
for half an hour, seeking at the
outset to show that Lee had be-
trayed no conscience of guilt; that
he had had ample opportunity and
facilities for escape. The court
his attempt to tell how he
had appealed to Governor Richie
last Friday week for protection so
that he might visit Worcester
county in search of a witness.