The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-06-13
JURY DELIBERATES
ON PRISONERS FATE
Courtroom Packed With Listeners 10 the Power
full Speeches Which WOuRd-up Case Against
Ellsworth For the DOCkray Murder

in a station or elsewhere, the suit
case Is not different from scores Of
others which might be seen in the
same places, In the Ellsworth trial
1t becomes the most hotly contested
point in the entire testimony, II Is
positively identified" by at least
one witness as the property OF Earl
Dockray Again in the testimony OF
the defendants It is positively iden-
titled as belonging to Ellsworth be-
fore the time OF the murder.
The Contradictcd Statements.
Every important point in the
states evidence is discredited by the
defense. TWO witnesses from Here
ford swore to having seen the de-
| PENDANT Ellsworth and the Dockray
boy together in Hereford on the
evening before the murder and that
they were going to leave there to-
gether to come to Amarillo. Two
witnesses in Amarillo testified that
Ellsworth told them upon his return
here about the time OF the murder
that he had been to Hereford and
Canyon. Ellsworth wholly contra
diets these statements by saying that
he was never in Hereford in his life
and that the Amarillo men misunder-
stood him IL they thought he said
! that he had been in Hereford, He
! further denies, as was related yes
terday, about hesitatlng to tell the
Wichita chief his name and after
ward telling him that he had never
been in Amarillo, denies the damag-
/ ing statements which the ranch peo-
pie say he and Burk made and the
confession OF guilt which Sheriff
Hutton swore to. Both the defend
ants stuck to the same story and
could not be shaken from the few
main points they fastened upon.
Jury the Only Judge.
So intricate Is the structure of ev-
idence built by the state that no bit
of II can be overlooked in the con-
sideration of the whole, The de-
tense introduced few witnesses and
alleged few facts but subjected the
many states witnesses to rigid cross
examination. The jury alone Of all
those who followed the trial watched
all the testimony, heard the testing
OF all of it in cross examination, and
Is in possession of all the evidence
offered before the court.
Many times during the trial ii has
been mentioned by men familiar with
juries that the one in charge of this
case Is notably strong. 1t is thor
oughly representative and Is compos-
ed of men who have a high and Sc
rious understanding Of their duty
as jurymen, but Of men who are able
to weigh and logically consider the
evidence.
Vcrdicts Under the Charge.
The charge which Judge Brown
ing read to the jury was not long
and was devoted mainly to specifying
the verdict the jury might return
and to a definition Of circumstantial
evidence. Under the murder in the
first degree and the penalty he shall
pay at either death or Imprisonment
for life, or find him not guilty and
accordingly acquit him. Circumstan-
tial evidence, the Judge charged
must be of such nature that every
point of the evidence bears directly
on the main point to be proved and
must so incontestably prove the guilt
of the defendant as indicted that
hypothesis allowing his innocence
would be improbable.
Packed Room to Hear Speeches.
Yesterda yafter the arguments in
the case had begun and this mornl
ing while the final speeches were be-
ing made the court room was packed
to suffocatlon. Fully half Of the au-
dlence yesterday and today have
been ladies. In fact the most regu-
lar attendants upon the trial through
out have been ladies. The ventila-
ton of the main room is not Of the
best but in spite of the discomforts
owing to the crowded condition OF
the room, there was no grumbling
and no comment Each speaker was
followed with an intense interest
that left no room for whispered con-
versation.
AS was natural the strongest and
most finished speeches wound up
the case on both sides. L. G. Barrett
this morning spoke for two hours
with his client the prisoner sitting