The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-05-13
higher court will.not reverse the deci-
sion in the trial
Wednesday Afternoon Session

OF Smith and the events which led uu
to 1t, Oliver Kennedy, Harvey Gates
and George Parker, all connected with
the construction camp at the time of
the murder, took the stand. Their
testimony was almost the same as that
given by McPeak Gates was the only
man that left any doubt as to whether
or not Smith had made any move to
draw gun and his testimony was that
he was not looking at Smith at the
time and that he could not say. Ken
nedy, who was stnding close to Smith
when ne met his death, declared that
Smith had made no effort to defend
himself when he was shot and that he
never even reached for his hip pocket.
George Parker, known among the men
as "Whitey Parker, featured his tes-
Etimony by telling of the assault that
Bradley had made on him. just before
Smith was shot and he declared that
Bradley had repeatedly assaulted him
with his fist all the time holding him
in fear with the revolver
The last witness Of the afternoon
was Frank Linstroth, the keeper of the
boarding house where Smith had lived
just before his DEATH This witness
testified that Bradley had come to the
house just before the shooting of
Smith and asked for the boarder and
that he had gone to the room occupied
by Smith. Llnstroth testified that
when he came down Bradley said to him
81 want Smith and / am going to
settle with him tonight. I found out
today that he is a two-faced man. -
Linstroth testified that with this state
tment Bradley went out of the house and
that he did not see. him again. Lins-
troth was not an eye witness Of the
killing of Smith. All of the witnesses
were submitted to rigid cross exami
nation on the part of Attorney Stewart
for the defense, but their stories were
not changed by the cross examination.
Bradley S story of the shooting did
not differ materially from the story
which had been told by four other eye
witnesses with the exception Of the fact
chat Bradley emphasized the element
of self defense and repeatedly declared
that he shot only when he thought he
was In danger Of being attacked by
fSmith. Bradley, however, did not
testify that Smith reached for his re-
volver but that he dropped his arm as
he supposed to reach for the revolver
and that with that he began shooting.
Bradley was not what would be call
ed first class witness and in fact he
Tseemed to be unwilling to answer the
questions put to him by his own lawyer
He was repeatedly asked certain cues
lions before the lawyer could get an
answer out of HIM and in most of the
cases his answers were limited to
| yes or no.
Bradley had the appearance Of a
man who was anxious not to say too
much and in this he certainly succeed
ed. He told the same story of how the
men had come to Kenosha on the night
before the murder, of the return trip,
but he declared that he had never made
any statement to McPeak that he was
going to kill any one. He admitted
having trouble with George Parker and
that he had assaulted him, but he in
until after he had drawn jack knife.
He stated that he and Smith had trou-
BILE over the fact that Smith accused
him of not paying board at the board
ing house and that he had told the keep
er of the boarding house that he was
going to have Smith apologize for the
statements made At the time of the
shooting Bradley declared that be NOV
led dway from Smith, but that the lat
ter heaping abuse upon him APP
preached aim in a threatening man
ner and that with that he drew his own
revolver and fred. He insisted that he
did not shoot until he felt that it was
necessary for his own protection. He
declared that he had never planned to
kill Smith and that he had made no
statements TO that effect
The case went to the jury just before
seven clock Thursday evening after
i powerful arguments had been made by
District Attorney Baker and Attorney
Stewart. The argument made my Mr..
Stewart was one of the best Of the long
line of arguments that he has made in
criminal cases in the Circuit Court and
his plea for Bradley did much to cause
the long fight in the jury room. The
instructions of the court were regarded
as very fair, but he declined to submit
any question to the jury except the
question of murder and it was up to the
jury to find Bradley guilty of murder
as charged in the Indictment or to ac-
quit. This instruction of the court put
the jury up against hard proposition.
They had been told by the court and
lawyers that the penalty for murder was
not optional to the court and that a
Iconviction would mean that Bradley
must go to the state prison for life.
] It was this faet-this sympathy for