| Show I IF F JUSTIFIED CLYDE ELLISON V AS NOT INSANE i Judge Powers Makes Strong I Argument for State CHOKED BACK THEIR TEARS Jurors and Spectators Affected by Allusion to Widow Attorney Truman Blames Watson Because Be-cause Ho Did Not Lio Like ton Gentleman Nearly every man on the Jury was winking1 to keep back the tears Mrs Watson was sobbing and the whole courtroom was aa solemn as If In the very presence of death when Judge O W Powers ended his opening argument argu-ment for the State In the Watson murder mur-der case yesterday Never has the controlling magnetism and masterly skill of the great lawyer shown to better bet-ter advantage Hitherto noted for his success in defending persons accused of crime he has demonstrated that he cnn prosecute with as much power and vigor as he can defend On the conclusion of his remarks at 3 oclock yesterday afternoon Mr I Truman began the argument for the defendant AH he proceeded with his address Mr Truman warmed up to his work and was In the midst of his review re-view of the evidence when a recess was taken until 30 oclock this morning SUMMMONS FROM CLOSED GRAVE Jt Is never pleasant to try the case of a man accused of crime said Judge Powers after paying his respects to the court and the Jury yet It is one of the duties of citizenship The Jury S sstem Is a necessity for the protection S of our liberties and the enforcement of our laws S III am here in answer to a summons from a closed crave 1 am here hot only to assist In the prosecution but to speak for the dead The speaker then alluded to the law of the State making the defilement or attempted defilement of a wife or sister justification for a homicide when committed com-mitted in the heat of passion He said be was glad when counsel for the other side sifted the wheat from the chan and selected the sons of the men who framed that law In the early days of the Territory to construe the law now because such men would be Inclined to sustain the Integrity of the statute and not allow Jt 1 to become a cloak for malice and InjusticeS Injustice-S ANGER AND INSANITY Proceeding Judge Powers took up 5 the justification plea Under this pleaS plea-S he laid a man cannot deliberate he cannot dally The plea of Justification and the plea of Insanity could not be made to harmonize A man cannot be angry when ho Is Insane It Is as inconsistent in-consistent to say that a man Is Justified Justi-fied and also Insane as to attempt to prove justification and an alibi In the latter cane the defense would say InS In-S substance that the defendant was justified jus-tified in killing the man and that he wasnt there The insanity plea was much the same because the reason the chief part of man was not present and he was not all there ELLISONS SUSPICIONS After devoting some time to the testimony tes-timony of Ellison relatlne to the alleged al-leged locking out and Ellisons sus plclonfl the Judge said While he has sent one man to his death he Is blackening black-ening the reputation of a woman Watson Wat-son was tried without Judge or Jury and hurled Into eternity A man who S Jumps at suspicions is a very unsafe man to Intrust with the benefit of the statute of Justification S Judire Powers rehearsed the charges made by Ellison concerning the actions of Watson at the latters home and declared that the natural action of a p man would have boon to Insist on an explanation then and there yet El lIon had merely made a peevish complaint com-plaint to bin wlfo and continued to ad dross Watson as a friend S He was not enraged He was not angry And If these things which he S claims to have seen did not make him I angry I insist that nothlnzr would arouse his passion It S Mrs Sarah K Nash one of the witnesses wit-nesses for the defense wan character ised as one of those women who meets a neighbor and nays Oh do come and so me Jut drop In Informally anytime any-time bring your work and stay all afternoon so we can have a nice long visit and remember all you can to talk about TREATMENT OF WIFE Ellisons treatment of his wife especially espe-cially hiD luibllcatlon of a notice that lie would not be responsible for her debts wan denounced by the attornew as unpardonable Although they had been married only a little over two years he tells us that ho hnd a ckelctou In the clonct the trrlnnlng bones of pnRt discordS discord-S Now he comes to you and says This was the love of my wife that I killed l threw away destroyed and ho picked it uj and I shot him down Judge Powers Quoted the words of Watson to Murphy after the shooting concerning thi alleged demand for 250 with tremendous effect His description descrip-tion of a man face to face with death on the very threshold of the great hero after thinking first of the vindication of his mime and remembering to pro vJde for the future of the wife he loved J < Continued on Page 22 r I WAS NOT INSANE I I I l Continued from Pane 1 t f i I by giving her all he had was superb I 1 and impressive I QUESTION OF CONSISTENCY It was this man he 1 continued whom I I r J I the defense was trying to show had runaround I j run-around seeking every opportunity to 1 I confess to people the same man who i 1 f il II they picture a little later defying 131 I I lleon to do his worst and telling him I I I that he will fight him to a finish I r Watsons alleged statement to Payne f I am guilty and Paynes next question + f ques-tion If you are not guilty why dont you have Clyde arrested were held I lib I I up by Judge Powers as totally Inconsistent Incon-sistent with the confession theory j Now the defendant comes before II I you and asks If you dont fInd that 11 14 I It was justifiablethat I did It in the if heat of paealon then I ask you to find 1 II that I was insane 1 I n There arc curses and anathemas and W maledictions on the grave of the dead I r i who cant speak and It Is flowers and j it i Bweet cakes and scented notes for the I1 I man that kills I I INSANITY THEORY i i In discussing the Insanity theory I i Judge Powers ridiculed the assumption + j I Ii that a man could be Insane at the time I Ij of kllllne and sane Immediately after s iI I II I The crack oC the revolver that sent t Watson to his death he said proved I n cure for this disordered mind i + If he had been Insane when he saw I II Watson coming down the street he LJ I would have gone toward him and shot I II i II t him there But he rjoea In and sits I down to wait for him Does this lying I in wait not prove the deliberation the coldblooded malice of this crime j I The strongest witness against El Hson IB Ellison himself Notice the method In his foruetfulnes See how I his mind la perfectly clear on every I point that will help him and clouded I on everything that goes against him You can ace tho calculation in his answers I J swers But he has fulled as those I who simulate insanity always fall be cauao the brain of a sane man Is not big enough to remember all the things I ihe would have to cuord against to I jlay the part 1 i STOMACH NOT BRAIN I i The defendants headaches Judge < I Powers said were clearly the result I of a disordered stomach and not or a disordered brain His custom of wring i ing his hands was a habit and not an I f j evidence of Insanity he had done It on tho witness stand The attorney r I produced the letter written by Ellison to his wIre only eight days before the j shooting and called attention to the coherent and logical wording oC It He IL I then had the Jury compare the letter I with others written when Ellison was in I l confessedly sane to show that there 1111 1 was no difference either In writing or J1 diction i I I I POWERFUL PERORATION II Tn a peroration oC wonderful eloquence elo-quence and power he described the distress r dis-tress that would be caused by Ellisons conviction but ho reminded the Jury I I that untold suffering had already been I inflicted on the Innocent wife of the r dead man and that the law oC man 1 like the law of God should be sure and t 1 unfaltering It was this allusion to the I widow that so strongly moved the en 1 tire courtroom J I + + t + MR TRUMANS ARGUMENT I The Jurors were otlll under the spell of this moving appeal when D S Truman Tru-man began his address He referred tot i to-t Judge Powers preliminary explanation I JIH an unasked apology foj associating himself with the prosecution and covertly i cov-ertly reminded the Jury that the attorney l attor-ney they had Just heard had made his 1 reputation by defending alleged criminals I J crim-inals Instead of being conflicting Mr I1 Truman said that the defenses of Justification 1 I Justi-fication and Insanity were In strict harmony har-mony because no man could tell where passion ended and Insanity began i He pictured Ellison tolling with ach I InS head to support his wife by working work-ing In the Oregon Short Lino offices and giving her his checks at the end of almost every month Ho thought V that the defendant had shown a great la deal of patience In merely expostulat r I i 1 r J Il bJ Ing with his wife when she ate ice I cream and walked with another man STATE FIXES INSANITY Coming to Watsons alleged concession con-cession Mr Truman alluded to the tad man as a cur not to lie like a gentleman gentle-man to protect the reputation of a woman wo-man whose virtue lie hud stolen The defense ho claimed fixed the Insanity when admitting that Ellison had been so excited that Watson mid to Mr Payne i Clyde la so unreasonable that T cant talk to him Mr Truman said that he did not care whether Watson ever had any relations rela-tions with Maud Ellison or not If El llfconfl state of mind was based simply sim-ply on a hallucination and It was this hallucination that caused the shooting of Watson he was Innocent of crime MADE VJRTUE OF NECESSITY The fine arl of making a virtue of necessity came out In very conspicuous form when counsel for the defense said that the defense had permitted Wat sons remarks after the shooting to be put In evidence In order thnt nothing might he concealed from the jury and the mnllgnant spirit of the prosecution revealed Ho perslatently charged that Watson had employed counsel to persecute per-secute Ellison to the bitter end and was talking along this line when the clock struck C and the court rose fort the for-t day Mr Trtimnn will finish his argument this morning Judge King will follow for the defense and District Attorney Elchnor will close for the State |
