Newport daily independent., 1903-02-11

Il noon, the final argument for the state in the celebrated trial of Rufus John son for the killing of James Cole upon the 10th of May, 1902, in Richwoods Township of this county, was being heard and it was expected that by 6 o'clock p. m., the fate of the defen- dant would rest in the hands of the jury. What their verdict will be shows wide difference of opinion among those who have attended the trial and watched closely the pro- ceedings, but few anticipate finding of murder in the first degree. More prophecy acquittal but the majority l expect penitentiary sentence of 1 from one to ten years.
 The instructions of the court cover ed murder in the first and second de- grees and manslaughter, which were given to the jury Tuesday afternoon, when the evidence was all in. Then began the argument of the attorneys, l Judge M. M. Stuckey and Prosecuting Attorney Oldfield for the state and Judge J. w. Phillips for the defense, an evening session of court being 1 held.
 On Wednesday morning, J. M Stayton followed for the defense, then Gustave Jones made the final appeal for his client concluding his | address in the afternoon. s. D. Campbell made the closing argument, which is accorded the prosecution. l The court room has been crowded throughout the hearing of the argu- l ment, that section of the county in which the killing occurred contributed probably majority of the listeners. The case has been ably handled, both from the standpoint of the prosecu- tion and defense and every point contested. Throughout the trial, Judge Wm. L. Moose has presided with fairness and and ruled with firmness and evident knowledge of the law which has won him the high est praise.
 EVIDENCE INTRODUCED TUESDAY. L. MANNING. l l.. Manning was recalled Tuesday morning, when court convened at | 8:45 o'clock and testified that he told Will Manning to go and tell Johnson that Cole had said he would kill him l (Johnson) should he ever find him on witness denied that he had told Gustave Jones of plot to kill Johnson On redirect examination, said that Coles threats were made. because of Johnson's connection with his wife.
 J. S. JONES. J. s. Jones, circuit clerk, testified that the original minutes and trans script of proceedings before L. Man. ming, which charged Rufus Johnson with murder in first degree had been lost Witness stated that records show same were last delivered to J. M. Stayton. MT. Stayton was placed upon stand and stated that he had returned original minutes with these papers, which were upon examina tion found with these papers in the possession of attorneys for the state $. Jones was then recalled and identified original copy of minutes of proceedings before Esquire Manning WALTER BEEDE. Walter Beede impeached character of Frank Sanders and gave his gene- ral reputation as bad.
 JOE PROCTOR.
 Joe Proctor was also introduced to impeach general reputation for truth and veracity of Frank Sanders, which he gave as bad.
 NEWTON NANCE. Newton Nance further testified that Frank Sanders could not be believed upon oath.
 JUDGE M. M. STUCKEY.
 Judge M. M Stuckey testified to being witness to the taking of four pictures of the scene of the shooting, describing positions from which same