The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-26
Final Day Is Taken Up With
Argument By Counsel
SIX FORMS OF VERDICT
According to Instructions Given to the
Jury, Lamphere Can Be Declared
Guilty of Murder In Sew
era Degrees.

LaPorte. Ind, November 25.--1'he fate
of Ray Lamphere, charged with the nur-
der of Mrs. Belle Guinness and her three
The court concluded it's instructions this
afternoon and at $50 the 12 men retired
to begin their deliberations.
Today the fifteenth day of the trial.
was consumed in arguments. Attorney
Sutherland, who opened for the state re-
viewed the evidence and was followed
by attorneys for the defense. Attorney
Worden; counsel, made a strong plea for
his client while States Attorney Smith,
who made the closing argument delivered
caustie arraignment of Lamphere.
Attorney Worden declared that the jury
could do but one or two things. find the
defendant guilty of murder in the first
degree or acquit him. He declared every
bit of evidence to be circumstantial and
said the state had in reality made a
case against Mrs. Guinness.
Il firmly believe that she is alive"
exclaimed Mr.. Worden.
He dwelt on the incidents of the day
before the fire and declared they showed
that Mrs. Guinness was prepared to flee.
The attorney contended that the iden-
tification of the bodies was not complete
and that "the teeth never went through
the fire.
He affirmed his belief in the testimony
of d. M. Hutson and his two daughters,
who said they saw Mrs. Guinness on
| July 8.
| Two Arguments Made.
| States Attorney Smith in closing de-
clared that the defense argued one min
ute that Mrs. Guinness was alive and
the next that she was dead.
He reviewed the evidence of the teeth
| and DR.. Nortons testimony. He endeav-
ored to discredit the testimony of Hut
son and his daughters. Pointing a finger
at Lamphere he exclaimed:
what was the defendant doing during
the one hour and IS minutes which, ac-
cording to his own statements, was the
time consumed in going a mile and a
quarter? l do not ask you to vindicate
Mrs. Guinness, but / have a right to plead
in the name of God in behalf of those
three little innocent children"
The reading of the judges instruc-
tions required 15 minutes. The court
explained that Lamphere was charged
with premeditated murder. The cred
ibility of the witnesses was dwelt
upon and the jury was told that cir
cumstantial evidence is many times
quite as conclusive as direct and pos
tive evidence. The greatest, stress
was laid on the following instruc-
tons most of which We're declared
to be rather favorable to the state
instructions to Jury
"In this case the defendant has
failed to testify and he has "A right
to do so and the fact that he does
not testify will raise no presumption
of any kind against him.
The Indictment in this case charges
the killing of four persons and if you
believe from the evidence, beyond rea-
sonable doubt that any one or more
of the persons alleged to have been
killed in. the manner and form as
charged in the Indictment you may
convict the defendant.
"IJnder the indictment in this case
If is prerequisite that the state should
show beyond reasonable doubt that the
persons alleged to have been killed
were killed by and through the COM
mission of the crime of arson. In
other words IL you should find from
the evidence that the persons alleged
to have been killed were killed in
any other manner than by the COM
mission of arson, or If you should
entertain reasonable doubt as TO the
manner In which they met death. their
dea IL, then you should acquit the de-
fendant of murder
The jury received six forms of YER