Note : In court, Lester Zumwalt’s plea was that he had killed his partner in self-defense. Zumwalt testified that he had taken the Gorham bonds in a futile attempt to recover losses in the stock market; and that when Rathbone—who had intended taking them and going to Central America with Mrs. Earnshaw—had visited the safe deposit box and found them gone, he had returned to the office and charged Zumwalt with the theft.
Zumwalt at that time had not suspected his partner’s own dishonest plans, and had promised to restore the bonds. They had gone to Zumwalt’s house to discuss the matter; and, Rathbone, dissatisfied with his partner’s plan of restitution, had attacked Zumwalt, and had been killed in the ensuing struggle.
Then Zumwalt had told Mildred Narbett, his stenographer, the whole story and had persuaded her to help him. Between them they had made it appear that Rathbone had been in the office for a while the next day—the twenty-eighth—and had left for New York.
However, the jury seemed to think that Zumwalt had lured his partner out to the Fourteenth Avenue house for the purpose of killing him; so Zumwalt was found guilty of murder in the first degree.
The first jury before which Mildred Narbett was tried disagreed. The second jury acquitted her, holding that there was nothing to show that she had taken part in either the theft of the bonds or the murder, or that she had any knowledge of either crime until afterward; and that her later complicity was, in view of her love for Zumwalt, not altogether blameworthy.