The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-15
/ Evidence HIS CLOSED.
TO THE JURY DEGUa
~ THE KELLAR CASE
x1..t Attorney General Vance
a.. she Peosecutt0n With .
--1.~ ef the Testimony, Tens.
- shew KellaF the Aggressos

.sei Dispatch 10 the ,'4e..
Iocr TOWNSEND, Dec. l--iestiHiotAS
e - cellar murder tria. vas concluded
- morning session OF court 'oaas, anu
.,rument Of counsel occupied ine en-
f. efterpoon without being cohciuoea-
~ states rebustal was nearo tn's lore
r Miller testified, In contradsc-
- cellar. that KeIisr had said TO
Z.. ssoytIy after the shooting. that the
-. 4. 1KelIarl shot Luckey was that
-. sfraid Luckey would grab Billy
#sS.-susouss six-shooter.
b WnIcott. Prof. p. d. Brown, OK Ta-
-. originally summoned Tor the de-
-. n q Ferguson, Charles W. Brin-
!. Smith Mark Wilson. Albert
- 49, Mrs. Smith and C.. F. Miller testi-
q Il q lanes f. Luckey's good character
- ~ regulation as a peaceabae and law
sI11irg citizen.
~, q Luckey, brother o. the de-
s .ss.6 testified that his brother had never
& s-,rsd for the prize ring; that he never
a. 81 Z urtxefsSht In his life, and that he
;sww il bis iife weighed more than 10
B y Madison, Tacoma reporter. sesti-
- hat be interviewed keliar In the sher-
- c0,ce ri Tacoma at the time he gave
ss..esN no. and that KeIlar then said TO
-. = assistance that "he hated II be-
- he had killed Luckey. but that a
-. NH often do thing when he's hot
- Is wouldn't otherwise"
- cueninR argument for the state was
S: sss.sAe by Assistant Attorney General
s4xnes. Who spoke for an hour and a quar-
- presentfng the case I'm a forcibie and
i ~s,incs manner He began by defining
- Ai6erenf yerdiets that might be re-
s.,nAA BY the jury. and said that In all
- 1xperience before the courts he had
- yst found fury OF twelve men who
- Be deliberately fooled by an array
I q counsel AZ TO the real evidence before
sIer and he had no doubt that this jury
would eventually bring In the same ver-
II they would do IL the case were sent
b them without argument at all. Mercy.
{ y satG. il not a factor for the jury TO
eeasider In arriving at a verdict in a
criminal case: there are other tribun-
II tina, have that to deal with In the
termination Of such vital questions as
ihis II Is for this jury to return a YER
tiet In strict accordance with the evil
1ence. and 70 deal out simple justice. and
nuthing else. Mr.. Vance devoted some
dne to the discussion OF what the evil
lenc6 showed to be the actual conditions
ard drew the conclusion that Il clearly
I'D been proven that there was no justifi-
cation for the deed on the part OF the
isfendant The testimony, he thought.
dearly proved that there was malice in
be heart Of Keliar when he met Luckey
q the county road on that fatal day.
What we're the circumstances to be
sDnsdered tn connection with that meeting
md the crime that foliowed?" he asked
From the testimony before you here
therc = but one conclusion to be arrived
e. and tfaat II that this defendant had ii
DIS mind TO shoot Luckev 10 the oppor-
nifty presented Itself. or II there appear
70 be any excuse for t. What were the
words that Were spoken on that occs-
y. Inc nrsf words were frorn Ltckey,
dressed to Kellar. when he said TO him
Kindly neighhorly and courteous
ssanner. Did you ask Dave abou, tina,
sayy The answer was Yes. and then
luckey said: What did he sayr Now
faere IL nothing in the testimony 10 fndl-
saie tnat Luckey's manner was ANYTHING
81 iraendiy and yet what was the friend
ana courteous answer? II was What In
RI should he say Continuing when
Lacksy further said 7 understand vo,,
NJ thas you have no use foH US fellows
@yvays keilar said Not id BIT
Ill vas not The repiy n man should or
would make 10 a civil question. unless he
we're mad and unless there were ma,,ce
n his heart"
Mr. Vance proceeded 10 dIsepxs The fast
mony. saying that Il all wen. Ia show tba.
heslH vas the argressor ali the wav
through. and that he was In no posifion
70 Nead sef-defense when as a natter OF
,Ae' III ne testimony went 10 nrove that
a'ackE was at that time In his normal
s.smf o. mind. and was not seeking the
p''oo Of any man. The slight discrepan-
s'es tne testimony Of the states Wit
assss IRE prosecutor said only went 10
ifese the truthfulness and reliability of
she tesumony as whole for the witnesses
ssfe neiehhors and friends and could have
fsay patched ur a story that would have
axFsed IN every detail. had they not been
q conscientious about telling the facts as
iney saw them. The prosecutor did not
eVnsider that Eellsr had made a good wit
hess tsf hmsS1. as his whole demeanor
20 me stand showed that he had had malice
sxansl Luckey since the time of his trouble
WIZ ain about the cows. and that he took
saf hrs. Chance 10 kill him.
taxing Keilar's own testimony" he
~ and following the theory OF the de-
ssase 10 Tie extreme. ii will show no jusii-
Asasicn Tor this deed II shows that an un~
ssaea nan. With pack on his back, was
.ssss.aeiHe towars man with a gun on his
49, ME- ss5' ana that because tho unarmed
~ ~ ala not stop when the other man, who
ssa assd discoarteous. IL not insulting.
.aaakaase toward him. told him 10. he was
~ aown like a dog. This defendant
s s.as before yen. on this trial. without
q ss ine excuse for n technical assault on
lie part OF The man he shot down. 10 save
IN IN from yoar verdict ef guilty keIiar
- 80 ~ ne was afraid Luckey might take
i ~ suh away from him and xiii liira with
= tneh, Why didn't he do ii when they