The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-09-17
Proof of General Conspiracy Not
Permitted in Hunt Gardner Case
Defense is Giuen a Severe Blow
Believed That Defense Intend
ed to Rely on Unsuitable
Homicide to Save Alleged
Slayers of Vaughn Bennett.

Clarksvi,le, Tenn, Sept. 17.-ln
the criminal court in the Gardner
Hunt trial, after two hours argument
Judge Tyler ruled as irrelevant and
therefore incompetent the question
asked Chief Robinson on the witness
stand relating to the alleged night
rider conspiracy.
The defense, II is understood, pro-
posed to prove that such a conspiracy
existed but under this ruling they
viii be unable to introduce any testi-
mony except that bearing directly
upon this case. The judge stated
that later he would rule further on
this point.
In his argument Mr.. Leech, of the
defense, stated that he thought testi-
mony relating to the entire situation
was admissible. He said: I'VE have
a tobacco association composed of a
warehouse corporation to sell tobacco
and those who are members pledge
themselves to sell their tobacco
through that corporation.
ORGANIZATION Oh hiutfS.
There Is a known organization
called Night Riders, which are known
by all, not encouraged by all, we
know, but this state of affairs exists
and in this case We propose to prove
that this organization exists to pro-
mote the cause of the association.
1--WE are investigating the charge
of murder When these men left
GAINESVILLE they did not leave for the
purpose of murder but to aid in put
ting down night riders. There was
no malice because they could not
feel that way against men they did
not know"
Decisions we're read from the SUI
preme court in support of his argu-
ment, insisting that the entire his
tory leading up to the act should be
shown.
Mr.. Savage, of the state, said he
oould not see how the state of facts
now known should make the question
|propounded admissible.
Where has any fact been shown
to prove that there is any connection
between the tobacco association and
night riders" he asked.
mo proof that there is any such
connection has been presented. and
before the question becomes compe-
tent We are to assume that the asso-
cation and night riders are the
same. and many other things that We
cannot do"
Mr.. Fort said that to admit such
Testimony would mean that the case
would be continued indefinitely, and
would really be an admission that
every crime committed within the
past three or four years had been
done by night riders.
Chief Again Called.
Mr.. Meeks. OF the defense, spoke
OF the Legality OF the question. Chief
of Police Robinson again took the
stand following the courts ruling
He said that he made one mistake II
regard to the return Of the buggy
that Sam Moore was not in tbs
buggy. Witness understood that thu
men were going to render aid to thu
people in the section where the nigh
riders were seen. In his opinion
There was great deal OF feeling
against the defendants here and they
were afraid of violence If they Were
lput in jail here. He said Henry
Cook, John Gardner. B. II. Sorry. San
Moore and Wallace Hunt went out II
the country that night.
Sorry Special Officer.
The state again took the witness
who said that Sorry was special Off
Ger of the city and Cook was a con
stable and city guard. Witness sale