The Somerset reporter., 1885-01-21

cns,"m aS tbe.e ssiherngs but he reiu-ed her
quest. No. he was going TO keep them out ~. ne
gave them no word OF his intention; or thAt ne hau
Change hi. mind since he said "come on. boys
will be ready for you" He was ready but IN an.
fereut sense than they understood. liz olu iaah.'
urged him TO provide aud offered 10 pay ior II,
but he refused 10 do Walker denies these CON
yrr.aons and yet his counsel says he keeps nothing
hack. lie can give ord for word such CONVERSATION
as suits his purpose fails TO remember the nrst
request OF his BRIDE. Even his own lather tes,nsr
thai hs told him ne would pay TOR the treat u ne
would get It. But Frank says he cant remember
that. Frank Walker knew their purpose was ir'end-
" and he resolved, In the recesses OF his own heart
that he would keep them OF. The boys came. The
deed was nnslly done. / need not 60 over the cir.
cumstances You eau think Of no TACT which WAS
oyed 6y more S 81, Inan
took the life OF Albert Daggett
Daggeu stepped onto the piazsA; asquare OF glass
had laien from the window and struck by i.s corner
on the ell and then dropped down ON the piazza.
Daggett, little know ing that his kndliness would be
the OF his death, picked II up and set II In
place Of safety. Then those startled boys saw
| hash OF light. There stood Daggett facing mat
| sdeiight with J. Frank Walker on the othel side;
those two men. the living and the one about TO uie
faced each other and then the clear sharp ring OF
| the revolver. followed by the cry, u am shot, am
| shot" Through liver anu lungs that muiuerous Dali
shot ss he stood lace to lace with j. Frank Walker
the front and not in the rear; snot oy ine
man who had asked him TO his house ana inen, Win
| out warning, caused his death, anu yet counsei
lalns there evidence here 10 satisfy you ihat
| Walker is the assassin Of Daggeu. W hat no you
u
| Who knows the sbsoiute truth Of this AFFAIR." Al
! Der, Daggett knew. Iu the light Of that nash he
| had printed ON his recollection an image thAt
could be efaced. IL IL said 10 Dc taei thal
man suddenly kned retains, pictured ON ms relina
| the last image he beio his death II Daggett
had laiien there you doubt that there w9uid have
been found the picture Of this man standing there
| with this deadly weapon IN his manu-. Dut oelhs
dead, he yet speakeh and with louder tone tnan II
living. As he staggered out from that yaid and was
borne along ON the loving OF his comraaes, ne
SAID. this is the end can never recover see tnat
my father and children are cared for and there ne
gave III his testimony. IL needed not the soemnity
oi oath. because It was registered In the oook o
higher tribunal tnan any On earth. lie declared
| that Frank WI alkei had shot him. And what does
counsel this indictment Of these terrible
| factsf Why, he says there were II witnesses anu
We have ouiy put on 10; that frank new.y Was ~
death with the COW bel he mad In his hand Or Ber
| ry with the pipe he was smoking on the oarn-yaru
bars. Test this respondent by the test his counsel
has proposed. will not Insult your l.teligenee ny
proving you that that bullet came from the pistol
vi Frank Walker. For Two or three minutes heIo
had been no shot .out DOORS Fred Wlillams says
there was no report OF gun after the thrd vodey
q Il before the fatal shot. Why did the respondents
friends think 1t necessary 10 look INTO the sheep
shed To ind these bullets, which just II. the pistol
o Frank Walker Are random shots found all
within circle ot feet In dianletefT II Is to throw
dust to make some screen between him and his aN
ful guilt They tried to tracoh course OF the bullet
that went through the washruom window. but they
did not ior the bnllet that went through The
sldeght, because they well knew II was In thu body
of albeit Dagget.
Counsel says that because Frank Barron said
Dsggelt is shot" instead OF "Iou shot Dsggett'
that that shows that Daggett not shot by Frank
" Wakcr. suppose he thiuks that somebody behind
him shot bullc; over his shoulder, which had
come back and struck him III front. II walker
dian shoot Dagsett why did he send his dying mes
sage to Walker and not tU any other person. II
Barron didn't know that walker shot Daggeit way
when he carried the dying message of his victim,
and why did none Of them venture to accompany
himt | fnd IT conclusive proof that Frank " alker
Nns the man that fired th0SieAdly shot.
What does the respondent say? lie claims that
Ms he his bed he heard cer,ain remarks. Pro
baUly they were goOd-natured, rough remarks such
Ms boys make On the impulse of the moment lie
says he thought it was u mock prayer The speech
ei Wentworth gives you is like his angu age ON the
stand-in rather set and studied phrases. Fred
Williams recollected certain prts OF the speech as
given by WentxOrth. The wurs were NOT hostile.
Dut even hostile words outside a mans house would
not Justify u shooting or even reduce it to mal
slaughter Words are NO Justification Tor the killing
Of ann, They were e1nslderaDle ume before ',r
room and fired shot through that window and
coming back into the entry, he heari someone say
"uainn em, let's smash her III and drag them on" "
aud then came violent push ON the door and he
nfed hi. pistol al random. Fred Williams mad
warned him against tnat shooting, DID he lire at
random while his father and Fred Williams were in
the darkness near him. Even II 1t were true that
there three pushes on the door, as he says 1t
does do away with the TACT that he knew that he
WAS doing all uniawfu reckless act. The law says
that the willf1l doing Of an unlawful act which may
result In grevous bodily harm. Is proof Of malice.
w
the pushing against the door, aud both have an i'm
meuse Interest in this There but three
persuns then facing tnat door on the GU side Albert
Daggett, Chas. Getcheii and Mel Wentworth. II
thai exciauatioD was made or That door pushed 1t
was by one Of those three. The Two living ones Of
those three have absolutely denied II.
Counsel recommends the testimony OF Fred Will
liams, and SO do /. He says there was no mention
oi breaking in and no act OF breaking In and says
there was nothing but general noise about the time
oi the shooting. They didn't dare to ask him If
anybody pushoa on the door. Consider the manner
swercd III don't remember" to almost every other
sqA Sn y,..l points tina. he mus must nnye i,,.a re-
lnembcred. He aoi't rememoIl aistu.. snns ss.,n,
warned him that it dangerous business to s-SDf
out there or that his father said: Don't snoot,
Frank" Their warnings show that they knew his
awful purpose. After tnat fatal shot, picture the
scene. Tie father standing there and seeing the
pistol in the hands of his own son aimed toward
crowd OF his companions and think OF the awful
hush that followed the death cry OF the victim
which would stamp itself on their memory forever,
vet this man says never heard u word following
tuat shot. You forget ali trivial events, they
fade from the mind like rpples from summers
sea; but the one thing above g. OIL others taat would
a. lie sinks beneath the bullet of his murderer.
Remember items OF trivial conversation and forget
tue death cry OF Albert Daggett! No man can be-
lieye that Frank Walker doee not remember the ex-
act words OF his victim. Was that wilfu act. You
judge the intent by the acts and declaration.
Fred Willlams testihes 10 the most terrible fact,
that In 1883 Frank Walker told him if they should
ever come u serenade me and should yet too NOISY,
| should use nfe-Arms OIL tutm III CoIu Olood
with nothing to rufie his mind he deliberately told
tnls TO his friend. That wa. net heetng pnipose,
because it repeated to Williams as late NJ IN the
summer of 1854. He nursed this falal purpose in
his MUD and repeated 1t again and again. Now we
fnd the opportunity. HIS father says, "glve the
boys treat and will pay for It," No tno purpose
s,ls deep in his mind aud he repes his fathers sug
geetion. His young vile pleads with him to tinvitc
them In and furnish treat: But not even her en-.
treaty can shake that ong nx.S % ,I a ihe
does not wish them to come. he knows his brother
and nlred man were concerned IN getting 1t up. He
let's them come. He shows them no si2ns of life In
the house. They blow their horns. He knows they
expect an invitation to come in but he refuses to
speak the word of welcome. He finally gets up and
goes out ia his stocking feet anu before he leaves
the chamber he takes his loaded revolver in his hand
and puts 1t in his pocket. He knows that there are
two able bodied men in the honse with HIM. II he
had fear would he not have reused themf Instead
OF that he creeps away alone. The purpose that
sets dark aud solitary in the recesses Of hs mind
admits of no company. He peers through the wash
room window anu without giving warning OF his
deadly purpose fires. Frank Barron saw the ffrt
shot anu heard the second, but could not believe
that Frank Walker was firing al his friends, and in
ouires II there Is pistol III the crowd. Walker did
lot hold his hand high as he says, the shot would
have LODGED IN the 1901 Oi the piazza. But those
Who looked ior The bullet looked along the ground.
Fred Williams warns HIM that II Is dangerous busi-
ness firing out there. He goes to the kitchen door
and aud, as he states to several the next
day he sees o form raise itself Immediately in front
OF that sdelight single word to the boys would
have been enough He uttered no request and gave
no warning but even the darkness his purpose
communicates itself to his father and he says
. Frank don't fire." hat warning is dsregarded
He cocks the revolver, as he told hilton he the
FORM took ann, and fired, and yet counsel says that
is not murder. Is purpose nadborcd for year not
an ele laent Of murder. II done with express malice
afnre Thought and with sedate mind 1t Is murder in
n rat degree II without express malice aorethought
viii mind rufed by excitement it Ia second degree
If that act was not murder look at what he did alter
IL cannot be granddaughter unless done under frenzy
of mind in state where memory had failed. He
went deliberately and took this revolver before any
demonstration Oi violence. don't know as he
really claims he was frenzled Fresh from that cry
of the murdered man he calmly retires To his room,
and his first act il to reload his relolver. Is this
freuzy of mind9 Can anything be more deliberate.
Even after they had lett tho yard he goes to the
ioor with the revolAer cooked In his hand says
he wona ers why he did shoot again. He goes TO
! een barron brings min the message from Daggett
,nn ~ frst he So be viii 20 hun, but after mo-
ment he refuses. "Bnt bring you the request of a