The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1905-01-19
NOIED MURDER TRIAL

Defense Has still = Number Of Wit
nesses I Testify and Il Will BE
Wednesday or Thursday Before the
Case Reaches the Jury.
Durham, SpeciaL-When court adj
journed this afternoon at 4 O'Clock,
early adjournment being taken in Or
der to allow Judge PEBBLES opportunity
OF going up to Hillsboro on the after
noon train to spend Sunday with his
daughter, the defence in the w. R.
Murray homicide case was nowhere
near the end OF its evidence.
During the day twenty-one witnesses
were examined, nine being sworn and
examined this afternoon. Or. N. M.
Johnson, who appeared on the scene
just at the close of the fatal fight, and
who held the autopsy. was the last
witness called. His examination was
not completed and he will be, the first,
one to be called Monday morning. 1t
10 now evident that the case will not
end before Wednesday, or Thursday Of
Eext week. The defence will not rest
before some time Monday afternoon
end then there WIFI be rebuttal testi-
nlony. The State has much evidence
10 introduce yet. This will take until
Tuesday. The argument of counsel
and charge of Judge PEBBLES will take
all of two days That will make it
late Thursday afternoon before the
case can reach the jury. 1t may be
possible to get the case to the jury by
Wednesday, but not earlier than that
time.
Interest in the EfraE Of this case cor-
tnues at the same high pitch as has
been manifest since it was called. This
afternoon the court o. was packed
to the doors and every attention was
given to what the witnesses had to
say. During the afternoon session
nine witnesses testified. There was no
new feature in the testimony. 1t was.
along the same line as that introduced
this morning. It is understood that the
defence has some twenty or thirty Wit
nesses to introduce before the end Of
the trial.
The State will rely much on what
these witnesses say as to the number
to be introduced. It is said that the
State is saving some Of its best wit
nesses~ until the last. Just what there
is in this cannot be learned.
Judge PEBBLES issued instructions
that the jury be looked after and cared
for, n that papers be kept from them
n that they canno be taken to
church. eff they go to church." said
the judge, 'the preacher may take oc-
casion to preach on homicide Or some
thing of that sort, and it would not be
right. If they read papers they will get
III nUn~AnnIO~ @G 49,
would have a tendency to prejudice
them. Give them comforts" he said,
"and allow them all the Bibles they
want, but keep everything else from
them and do not allow them to talk to
any person."
The defendant is showing the strain
under which he has been subjected
since the trial began. In the court room
the pays close attention to everything
that is said and frequently consults
with his lawyers, but he looks haggard
and careworn. This afternoon while DR..
Johnson was telling of the autopsy and
describing to the jury the range of the
fatal bullet, the widow Of the deceased,
who-has been present at every session
OF the court since the a was called,
leaned over on the table in front of her
and sobbed. Each day she has been
attended by her sister, Mrs. Duke, the
two sitting close by the lawyers for the
State.
Yesterday morning the evidence
given was more or less against the
prisoner; today the reverse is true. The
defenGent's witnesses are now telling
what t. ~ know aout the tragedy and
to sum up the progress made since the
State rested it's case, the defendant
has shown by a large number of wit
nesses that the deceased pulled his
pistol and shot al the defendant, miss
ing his mark. The fearful struggle en-
sued, during which there were two other
shots. Then the final struggle and the
last shot, this being while both men
had hold of the pistol. From this evil
dence the fatal shot was more of an ac-
sident than otherwise.