| Show CASE COES TO Ml urt Considering Motion to Discharge the Accused Will Render Decision At 11 II a u m III Tomorrow I i Nl 1 n M nt Mm noon j justice Olen roiled U I h the motion mollon of t the thO i IY p t r 1 I 11 t t I ground 01 I the I Ie I 3 4 CUl III o Iy y all ll tl I In d IlOt fl bein p thoc thac I decided tl y I I IrtI I Mm I the court go 0 to mutt It i at fl I IOn WU V VJ I be IJ 4 I J 8 overruled In the Ibo ther Ibor r 4 motion largo crowd crowll of ot ottI of a r tI lengthy ar tV arf ume after a 1 l it t mr Jor CM C H Hup f up tD 1 the t of Attorney I ho 0 l that there was ns no nor r t r to longer Imprison contention the tho thet mi To o th t I IV made no flO ropy reply beyond Ind II rnY i l j believed that L 1110 10 clearly pointed le to thi th thiL t tsat L It M and that the ti sat nl of 0 e Ie f I Tt d ft IH at accordingly IU th most Intense list tIt tIthe rf he 11 while Wh his attorney was wag rill He lIe to hang hung on ever OSO the he hope at something would or e that C L the Ille colls colis that a I long Ions train II I te lule cIrcumstances 1 has so MO o tiGht tigni him hInt He Ito apparently t f un d ilOU hout I teU a lengthy reply from rOUt the tit State ta t t WI n It failed to come U 13 not only oni BUI prise but The TIt few tow calm Cain words wor t w plu tU th re po cn n by counsel for tur the tho i evidently made matle u ii stronger r lIl n upon him than an nil hour of at nl 4 and oratory w ba done t i tame Into court caul t I tn In tile th of Na Nn NaoM I oM A 4 VuU r pUI i Ho found hl lit liti lib IiI i i n nry already Iti II Mil JIU u tx bOth m it r LU l and Charles Vat Wat J I j Prior to tho the t m 11 L time the proceedings pro bad belli a brief briet conference til I III ft Finn I of f the thc ui I Si LI hu hube be td ld tiresome hearing of the 1 HI murder r ease case wild wail con S g l B a the preliminary 14 are ur concerned at lit j tint learning The Thu decision of th hid Juri at lit t H it o clock tomorrow el at Which time IInO It will be tum e de illi hither or Jr not hot I IIi tare 10 to lace a n jury of pf his lila peers peery to tolt lt tot for the or ame It 11 B BI or be an innocent man mun eV larnard Stewart this thi r that there ther would bit Ju no tie lie lf d ibis time and that the argo Situ itu l be lit to show that thu t Utile titie haa ha not been shown that the uc tic killed James Jamma It Hay lIa on time the night v eF 0 IX D nit r the TIme Tho argument ummie by t E ll Ht wart anti and during Mime he be ocum d the time attention of ot ofu u iL III i lUll ho he in tO a very cly earnest ii 11 j g f manner and was wali ra listened I 1 tit I t attention by lawyers anu anul l aUk alike aUkA A Vt the adjourned the thc hall halt td fr rr u long time with little littler r JI i 1 t i and 1111 1 wornell all discuss j J w th various of the remark I V rw U and em eu u it having an nn opinion MM Which lie he B or 01 she ahe did express I 1 bi or her o olin n peculiar way siny It U was WIS wasi i i citing IUne as a weI BS us a amusing to listen to hi to the of these persona Arsons It iti ct oh ns guilt or limo Inno nt t jl il ARGUMENT ENT C a 13 Stewart art began his ar nr at Ho ha 11 said suld 4 Its COUrt on behalf of thu the We at W time the ie motion made mader Ulf tami and aM asic the court to tilt Ills I r this h the it i on ground there bat hIlS ten hOWD cot nOI been tJ D M to v P tho the ant gUilty 11 e nse Barged meal 1114 Counsel then 1111 Iri m of the e the dot of 1 a coin coni or tXie be In sitting on u a ease caso kind I ut t bar providing that the thel im Jn mt m merely r ha had bad 1 to lint had l leg 14 J l been n ty that a crime and ana lr it there wn wa h to belle Kb oV ot of the the defendant m If the court till to 10 that thel Ihre was not bellelI t the accused BUIll It 11 Was Wj his duty dUly to tio I si torne orney Stewart then read the tho corn com comB L B Which WilY w Sworn to b by S J flied i with Judge c 11 II I continued coun count counIs Is i t h this complaint Ith ih t le t limit Ih the crIna ot at In dege is II c Tho Tue object of this L to ascertain erta n It f the time evidence ced by bv the h e Jo o believe statE shows time the n defendant P tat a 1 II 1 has guilty guilt t been hUll baa hUllt t m n but that ml this defendant 4 that crime has as not been make It th I tule of that the court cort Understands the rule aw and evidence and ls III i learned In fUI fully lly I 1 ask alk your OUr honor to care caro l J I wi h the evidence as I r review I th the I wish ht to o Illy that this murt Is il e that The was ever committed In InOn Inu Ine On u n lin nr th the e our aur 1 11 tie e of this crime mo mon thIn lIft mOlt law terrible Indeed Now I b n th the tho beyond he has been beon on n IDe n a reasonable doubt II II h t tn of SI the P has hili be been n committed the Ha thear I r hend e end law ar are naturally eager lw fIr nih arre the criminal and nd they c a fly o persons persona ll who wo wor were In m mour bt f nonne our ou k with m the crime It H i l ilat IM lat M w 11 q honor lIonor to find this timia t J e Pond a now doubt nl nee accused r I un n then tw said laid the prosecution had hada II d a confession from th nd lid d 1 added addI Yes Ves Vese every U q I tw be n made to tear tar the h brest of title thlu can tieny It I Pt r n Inter ar a L Where here In lh the evidence nce of r be bo found in hi r such a Attorney lid RO lIot at deign to l notice the 1 With hit his jj argo r r HI t i asked on one I atio the t court to 10 take taka into 1 t of ti tip I stun QI C t j that are a oC lb crime ht h al Itne Proved Who have te beyond the tho of doubt douht that thai on the th night of N 10 1101 ItOh James i H fl Hay Uny was Ions Bald tho lie lawyer They have hava triad to connect t with time the commission of that thoi crime nut hut have hll l they lone done It ItI wan made to the time con conversation I va that took too Ie between Rum Ruin noy tiny lilly timid and Mort on the time even evell In lag Iliff t of time the In the this of tho the Id Pa cilia Lumber company and auth counsel coun eJ 1 11 From l rom tho time mouths of ot iu It own wit tho tIme prosecution lu has proved that had that 1 I ha have I thin thu to product ono bit hit of ot evidence that h he did not iman tho time Where Is II thy thi evidence that ho Ito dm did dl J not havo It thundered thun the titan man manof of law lawIt In It lL Is III the tho custom of the tho Pacific Lum her bor company to murk Paid laid on the limo note noto of or the tho when It was wag paid But Hut wo We 0 are arc told that Mr AT 11 Hay lIoy had hud tile din Ur bit said Sll ho lie know he would not hot disobey lIso el his hi orders Now Nowthen Nowthen then thell I wish to call your attention to thin this The rhe receipt said Ja Why should time the noto note be canceled 1 There was 1011 no need neel of ot It Time Tho receipt IU not tom for a 1 certain amount and time the note noto cancelled for tor the time balance Tho TImo ho receipt covered tho the note noto and tho the amount due duo In lii full Mr Air It testimony showed ho had hM confidence In III Ho lie had hall recommended him to do tin work and Mr Hay had recommended him and timid had confidence In him Mr hull hail permitted to run up UI a u account with the company nearly I He lie lilt iad known him for tOI five 0 or mx eL yenta and hud had employed him on several occasions Then why should ho lie condemn this man on mere 1 On that Monday night lid did not urge the payment of that mon mOil money ey C 0 It If ho lie hud imad contemplated murder why did he not urge payment of the money on that night Instead of that he valet raid they could get It In III the tho morn mornIng Inn Ing i mig Time Tho testimony of Mrs lifts Hay wag then than reviewed at somo length and particular laid on the time Hay Uny wont event homo home nut the tho time he lie loft to go to Morton eons It line has been shown that Hay flay Un went to 10 but where Is there any evidence o to show hol that he ho did not get the time money Where Is IR there thore any tea tes testimony that lio mo did not Ret get every clot dol dollar hit lar of ot f that Another question Is IR Whore Where U is I the thu gun that that fatal shot eliot Into the tho bran brain of James It H HUny lucy Hay Whore la J 1 It olm There Thore Is g no I answer yet fiete I Ithe Ithe the time shovel that dug clog knows l When Whon wait waH all Peter Ieter Mo out cu 11 cura ra house tWo live minutes that night No Nobody Nob Nobody body b dy knows k hns He told old Mr Sharp that he Ito saw him leave the time him ten tell toot feet train from tho time porch tend and then he lie turned wont vont Into the lie house The Time attorney then argued that tIlt one man Inan could not have hae carried the body bod to tho tue scene of at tho burial lifted It to the fence and thrown It over aver a 11 fence live feet teet high Coming Coining down to tho time time of tho the finding or the exhuming of the body holly Mr Stewart said sahl When the body bo y was as found we wo are told haiti said Poor loor Jimmy poor hoar Jimmy Is 11 there thorl anything strange In III that In III that anything against him Is It 11 to be bl taken against t a 1 man be because because cause he lie was feeling bad badI I wonder If it we WI would not miot f feel eel cl sad Bad It If Ita n a near und and dear friend was wt murdered especially if it the tIme Iron hand of at suspicion 1111 fastened upon us Where In III oil all that scene semme at nt the grave la Is there any anye anyee e Mince ee that would convince one that committed that crime Counsel thou then referred to Mr Ir James Sharp and spoke feelingly of that gen position In the tho case HOW J ow ho he was nearly broken down den with tho the sor sorrow row rov that has lies como come upon him and his filmily family through time the loss of a 11 near lend and Mal deem friend When they thought Hay flay had run runaway runaway away he was ivies the time first to say In have him hint brought back It If he ho has baa gone tone and We him punished und and get the money mone He no HeIt HeIt It was wa who was waR first to say lIay let Iet defendant tiara havo justice let him have a 11 fair air trial I will he be the first to de do defend fend him against violence That Was walt this title miami man James Sharp Mr tr Stewart advanced tho the Idea that young youn Hay got tho money that night because ho Ito knew there thero was wasa a I judgment against and that perhaps Luke would get his lila fin fingers gems gers on It That was wall the th reason he lie violated thee the orders of Mr Romney Time The scene scone at the time house haute that night wits was again gone over oer and he lawyer said ald aldNo Now No thou then It If the tha court please upon what testimony cnn can un u hold this de lIe fondant Can you yoi say that killed Unit Hay within 10 it feet Ceet of ot his door It was a moonlight night and almost as nil light ns as day and emma cnn you say that he Ito struck Hay HIlY on tiu w head and anti car carried nod ried lila his body 1400 MOO fee tell feet to time the grave If you do you will have to supply It front from some other testimony titan than that which has been Introduced here You will have to supply It from Imagination tion There Thera Is I to h that over oer left his house that night Nothing of that kind has li s been shown here heto I apprehend time the prosecution prosecution tion will attempt to show how that going home on the car that night Induced hay to como coma over for Cor tho the money I say Fay I apprehend this his hut where Is there thoro any evidence that tha ho imo rodo rode on the car with Hay There Is none We want tho tue truth In this mat matter matter matter ter Mr AIr Sharp wants the truth and nothing but hut tho truth Ho lie Is la almost worn out by time the trying ordeals ord 1 II he lie line lias had to o go through during the tho last thirty days s sNo No one perhaps but ut Mr Jr Sharp and his hili daughter and her fatherless chil chit children children dren knows 1 bin hlll feelings In this mat flint matter tel ter and they are art the lice ones cites who want to Imo the entire evidence In this case cuse caseIn caseIn In summing up 1111 Jn In closing I desire to review the evidence In a general way uy We have hae shown by b their own witnesses that Peter p ter n said that he paid pali the money to Jumps James U n Hay ha he hl told Mr Air Jr Gee Cleo K F i non so and Mr Hom Homney ney so stated on thee the stand The prose pros prosecution cotton cution huts has hn not hot shown hown that P IJ iter ter Mar Mor or was woe out flit on the of ot DW Dec D IB lB except on bin iii hi porch patch They Simey have n nf mit t shown that the bullet which caused he ii h death of James R n Hay Un belonged helon Nl to ti title this defendant d Have UnE they shown tha iha Peter leter dug chug th time giave whir h r covered the murdered body of ot n Hay nn Thoy They have not nOI I ask your honor to review rele the testimony and de do decide dodde cide upon your our conscience as os to his guilt I call your attention to one more m ro tact fact and that Is III how quick and j t 1 I 1 s i I P t I i iI I i t 1 4 fr H L 1 It 1 I jI 1 I 5 I 4 t m ff 4 I 74 t p TRIAL OF LAWYER PATRICK FOE POR THE ALLEGED MURDER OP O MILLIONAIRE RICE MOE Albert T P Patrick n it New York lawyer he now on cit mini dial tot for the tho alleged of jils client M so dint Chat ho lie might become possessed of itt It Patrick Jonos Joti entered Into Inlo n Si to murder Jones has turned tinned Hi lIe th tJi by Patrick ho Ito held n a coot cone ef Cf the thu w vima ill iii In bed while Patrick who eIto ito tutu hint looked lu to tit mit time the door die hie It i Is alio aIo alleged that Patrick f treed immo to ti In which was left Ui bulk of A A la kAA Ito AA a a A how many people condemned lii mur murdered tiered dered man mall for Cor running away with the iho them money m nc the press Vr pre Q accused n cus d hint him bin of that not tenth and yet Y 11 taken In is It not no na Inert they th may be mistaken n as 18 to toW tIle tho mur murderer darer derer uror God known that life Is as a sweet and Inel lear dear to him him ns as It Is to you or 01 0 me InC anti and I risk ask your honor hanoi 16 to Jude him him In iii Inthe Inthe the light of the time evidence nUll and to your own conscience and amid I will huv no fear 01 to the outcome When the lie court the time for or thu tho defense If It they time the Intended to put In iii any nn evidence In case caRe their motion for Cur forthe CorI the I hedl discharge of ot tho the prisoner was de denied tiled nied Attorney C H ii Stewart answered Unit that they hud no desire lla to 10 put hut In eI evi evidence dence hence at present NO O STATE STATI County Count Attorney Christens n madr macic the tho th closing statement for Cor the lime he state stab He lie said saul Wo We have decided not nab to argue argLie the tho motion motton before the ties court for Cor forthe forthe the that defendants attorneys altorn fl have not disturbed the evidence In time tho least mind we rely entirely upon your our honors Judgment In thu the matter Im TIe Imposing posing pORing absolute confidence In m your our hon imon honorl ion ors ora Judgment and fairness we eve submit the lice case cne and ask that the defendant b held to answer to the tho charge preferred against him WHAT COURT COUnT SAID UD Judge Nielsen then said I have listened very patiently to nil the evi 01 evidence dence that line has been Introduced In tn this case cuso for the tho last three days and un I hope houe everyone will viii be Je satisfied with the th Justice of my ruling Tills This IB Is the most important 1 raM caSe I t have havo ever con connected with and I J wish ler 16 jO review revlow the thie testimony BO ItO I will 1111 render ren er my IY decisIon Ion tomorrow morning at lit 11 U o clock at ut my private onico chico In tho the Constitution block blocki J 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