The log cabin Democrat., 1909-03-03
CHARLES IS HELD WITHOUT BLAME FOR DEATH OF W. |. DURHAM Two Jurors Refuse to Sign Yer
 dict of the Jury. Several Eye-Witnesses Testify in Inquest
 Held Before Coroner
 J. H. Pence.

The coroner's jury at 3:3o o'clock this afternoon, after spend ing the day in hearing testimony of witnesses to the tragedy in which w. l.. Durham lost his life yesterday afternoon, returned the following verdict:
 we, the jury, find that w. l.. Durham came to his death by a gunshot wound from gun held in the hands of J. R. Charles, and that said J. R. Charles was wholly justifable." :"
 The verdict was rendered after an hours deliberation and was signed by w. B. Wilson as fore man, and I2 members of the jury. Two jurymen, D. o. Harton and J. H. Hartje, refused to sign the verdict, which, howeves, is legal one, having received twelve sigma lures. These jurors, it is under. stood, were unwilling to sign yer dict which would either attach any blame on J. K. Charles or free him from blame.
 The verdict of the jury created no surprise.
 Coroner J. H. Pence summoned a jury and began the inquest this morning at 9 o'clock. Those i'm panelled on the jury were the fol- lowing:J. s. Watkins, J. H. Hartje, F. M. Morgan, w, B. Wilson, l.. C. Holman, w. T. Piercey, w. w. Bishop, B. l. Harton, J F. Camp. bell, Jesse Witt, K. D. White, D. O. Harton, N. c. Martin and A. J. Witt Jr.
 After the jury Il l viewed the body of MT. Durhati, they assem- bled in the Board of Trade rooms, where the inquest was held, Mir. Charles being present and being represented by R. w. Robins.
 J. A. Boydston, ST, proprietor of the restaurant in which the diff fculty between Durham and Charles started, was the first wit ness called by Coronor Pence Mir. Boydston testified substantially to the same facts as reported in an in- terview with him in yesterdays paper. He said that alter Durham had seized Charles by the cellar he struck him ill the face several times and was cursing him and threatening to kill him, reaching his hand in his shirt bosom as if to draw a weapon and telling Charles that he was going to shoot him. So far as Mir. Boydston saw, Charles was not striking or attempting to fight Durham, but was entreating him to release him.
 E. l.. King, night city marshal, was the next witness called. MT. King stated that he was standing at Menty & Dollahite's corner and heard the pistol shot and turned to see the two men graphing with each other. As he came across the street toward them he saw Charles strike Durham i'll the head with his pistol. When MT. King reach ed them, Durham, he said, still had Charles collar tightly clincned in his hand, and Charles was al most black in the face, apparently from being choked, MT. King said that it took considerable effort on his part to free Charles from Durham's s grasp. So far as he knew MT. King stated, there was was no previous bad feeling between the two men,
 The testimony of Walter C.. Jones, the next witness, differed from that of MT. King, ill that he said Durham immediately locsed his hold on Charles after the shot was fired, and that Charles struck Durham after he was free from his grasp. MT. Jones viewed the fight from across the street.
 Dr. w. R. Greeson told the jury of Durham wound, which he said was the cause of his death. The