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

three hours before he world have sue.
eanbea 10 he wound Then Attor:I
Iney Smith said no one except me
Divine Being could say whether he
would have died had the .alssthstic
not been given. & WIG
Attorney c, E. Copper followed III
the defense. He made a number
of5exeellent points, one Of which was was
that the defendant is only mere
child and motherless and that being
SO young, his mind was more suscep.
tible 10 fear than KIrkendall and that
had he ever contemplated killing the
man, he would have done so In the
morning when he had rife in his
possession. He said the boy had
started Started for the quiet hills ri Redwood
10 escape the man who had dogged
his steps from childhood. and tnsulted
grossly the woman whose breast had
served as pillow for his baby head.
He was looking after the virtue Of the
woman who had brought him into the
world.
He declared that the boy had reason
TO believe that KirkendalI wac going
. e. .
to assault him with the club and rock
and he Insisted that he had a right to
protect himself, for self.preserratlon
is the first law Of nature. He said
the testimony showed that Klrken.
dali was in fafr condition until the
disease developed at st. Joseph's hos.
pital in Parkersblrg. BIS
Senator Brown concluded the argu.
meht for the defense. It was bis first
endeavor to impress the Jury with the
gravity Of the duty It had to perform.
He said Gladstone had written, at is
better for 9 guilty men 10 be acquit.
ted than for one innocent man to be
punished and he said the jury should
be very careful In arriving at Its con.
cluslon.
Senator Brown told the jury that 1t
must be satisfied beyond ali reason.
able doubt that It was the shot fired
by the boy that caused the death Of
kirkendall and even II It does deter,
mine that the shot did kill him, tte~
the jury must be satisfied beyond all
reasonable doubt that he did not fire
in self'defense. The senator then took
up the cause Of James KIrkendalrs
death and cited all the evidence OF
the physicians 10 establish the fact
that he did not die from the gun shot
wound. He said he didn't want to
cast any reflection on the physicians
who are reputable and expert sur.
geons. but an operation like the one
performed is bound to be dangerous,
and that surgeons will tell you that It
is always hazardous He s,td nv
Camden had stated that the lnclslon
was made because they thought the
ball had entered the abdominal cay.
lty, but anon the examination found
that II had not even neretrats, a Vi.
tai organ. He said ,wo nhrs,c,ons
called MS experts had said. "We ora
unable TO say from the evidence what
caused the DEATH" another said ain.
der my oath, | say that the death was
due to perl,onitFs:" another said @iru.
der my oath, | say that death was due
to perltouitis," while Two physician.
said death was due 10 n gun sho,
wound.
"This leaves n doubt" said senator
Brown, "and when there is doub.
It Is a duty you owe 10 West Virgin.
Ia 10 write a verdict of not guilty
Senator Brown raci,od ,bo oo,,,o..,
finn ho,wos, por.o,, u,.,,o,I.u ~.
prior 10 the shooting and said. "Tbara
is not a Juror anon. VOL who wopId
not forget there is n law in West vIr.
cinio and audo,yor IN mota ~. a.,
tlce to the man.
Here are Two crucial questions and
on the decision OF them hangs the
life Of this young man.
"You must first be convinced beyond
all reasonable doubt that the gun shot
wound Killed kirkendall.