The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-05-09
Sc ond Degree

g{eontlauiea from Z PAGE oa ]. i;

$1,000 - X 4
Continued from Paos One,
Elizabeth. who has been practicIne
medicine for 80 years, Or, Prickett
was called principally 5tos answer the
hypothetical, question which wal; fran,
ed by Senator Brown on Tuesday
After IT was read to him by F. Her
liert Mayne,6 The official court stenog
rapher, Dr.. Pickett studied a momen,
and then answered that he world moi
attempt TO say what had killed the
man. He said It might have been
The incision, or the probing made BY
an unclean finger. n
This Man Still Lives.
Drs. Carney and McClung were re
called By the defense and asked seye,
al questions, as TO the nature of q
wound such as was received by Klr
kendall. Asked of a man could be
injured so badly and recover, DR.. Car
ney said he did not know. II might be
fatal and might not be. He had a pa
tient in Ripley once who was similarly
shot and performed no operation fol
fear peritonitls might set In AMI the
man Is living today.
N. D. Madden, a blacksmith, 81
years OF age, was called for the pur
pose OF impeaching the Testimony oil
Minnie Ledsome. He was asked as
to her reputation for truth and verac
ity and promptly replica that 1t was
bad, and that he would not believe
her under oath.
Daniel Ledsome was the next wit
ness and his testimony was OF vita
Importance TO the defense. II was ar
ordeal on the stand, but he managed
to pull through and hopelessly shat
tered the evidence given by Minnie
l.cdsome. He said that when his boy
came home on the day Of the shooting
and told Of his trouble with James
Kirkendall that Minnie was not IT
hearing distance at any time. He de
MED emphatically that Roy had sale
The woald Kill Kirkendall. and also
that the boy did not load the revol
yer In the house, stating that 1t wa!
already loaded and the reason Ro,
took the gun was because he wa.
going away to Redwood and was on
ly taking his own property with him
He said that Roy did not Intimate Al
any time that lie intended 10 shoot
the man. but told him he had haJ
trouble for the third time with Klr
endall and would go away to escape
the man. He said that when the boy
left the house I 1870 in the afternoon
he started for Burning Springs to gel
a boat for Redwood and not In
search Of Kfrkendali. He testified t
Kirkendall's age, size and strength
He said he weighed about l65 pounds
was "A years old and Of heavy build
Prosecuting Attorney Fought cross
examined the witness but brought ne
new developments. He wanted L
answer NIL OF the questions pit by The
prosecutor. but the rules OF evidence
aid not permit 1t. When the prose
cntor asked him why Roy went dowr
10 Nelson Reynolds on the night o.
the shooting, he said he went to see
one Of Reynolds daughters.
Roy Le,lsome was the next witness
He told his story in a straightfor
ward manner and the attempts Of the
States attorneys In cross examination
to bewilder or confuse his story were
futile. The direct examination was
conducted by Senator Brown.
"You are the defendant"
eyes. SIR"
what is your fill name?"
"Fellx Leroy l.elsome."
"How old are you?'
a was born Feb. 8, 1890"
where do you make your home?'
81 have no regular home. For four
years have been working at sever
al places"
where did You make your home
after You came back from Richwood?'
AT Nelson Reynolds. and some Of
the time with my father"
Where were you on Jan. %"
~ was out hunting
What occurred between you and
Jim Kirkendall on his farm in the
forenoon?"
81 came through his place. He came
out and told me 10 get OF. He said
had better get OFF pretty quick. He
got after me, and ran me from the
top Of the hill. ! went home. James
and Albert l.e'lsome had been with
me-"
"Wbat did he say was the reason