The Sentinel=record., 1909-11-12

 FINISHED JURY IN WALKER CASE WILL BE GIVEN LAW AND INSTRuc- TONS THIS MORNING.
Attorneys Bouic and Wilmington Make MasterIy Pleas for De- fense Because of the
 Feudal Relations.

Arguments have been concluded in the case of Fl Walker, charged with under a first degree murder indict ment for the killing of Will McDaniel, which came as a climax to fuedal re latipns which had existed between the men in their across-the-riyer township and which had resulted in three shoot ings before either of the principals had been seriously wounded
 This morning at 9 o'clock Judge Henry Evans will give the jury the law and the instructions. and half an hour after the task of reaching a yer dict will be on.
 Speculation was rife last night as to the result of the trial. Most of the Garland county criminal cases are tried by farmer juries, but this one Is composed almost wholly of townspeo- p,e. and with the conflict of testimony and conflict of issues. which would naturally result from the existence of a factipnal fight. there is little upon which to predicate prophecy. No one believes that in the event a verdict of guilty is returned the de- gree of murder will be maintained at that fixed in the indictment In der the laws in thas state every indict- ment based upon the taking of human life is builded on a first degree indict- ment, because the jury has the au- thority to lessen the degree of the crime to where that body believes it should blong, where. on the other hand, if lower charge were made in the indictment. and the facts as de veloped indicated the crime was a greater one than had been charged, the jury would be powerless to in- crease the punishment to fit the crime.
 Throughout the progress Of the trial yesterday the court room was again crowded with interested spectators, but the evening session brought out even more, who filled the galleries and extended to all available floor space in the large court room. 1 About the attorneys table in front of the rail, Walker sat throughout the day, his mother close beside him. His father was a witness in the case. and therefore excluded from the court room until all of the testimony had been taken, but during the arguments he, too, was an interested spectator.
 Behind these and along the rail sat l Mrs. Will McDaniel, widow of the slain man. At one side of her sat her father, earring for one of the little chil- dren orphaned by the climax to this country fued, while the other was cared for by the father of the slain man.
 There were no sobpings, no physical or temperamenfal breakdowns in the progress of the trial or the attendance of the arguments by these women, dragged into court through this trag- edy but they gave most minute adten- tion to every detail and lost nothing of importance. either for or against their loved ones.
 The testimony in the case was clos ed before 10 o'clock in the morning, after it became apparent that fl would not be necessary to delve into the first incidents that started this mountain fued. And with the evidence closed, the matter of instructions to the jury was taken up. Under agree ment by counsel fo, pvth sides the instructions were submitted without argument the con4 alone salectinp those which he deemed proper and throwing out those which he believed should not go to the jury.
 Win these details of the case clos ed. the arguments begun in the after neon. Attorney M s. Cobb opened for the etafe, George Wilmington and W. c. Bouic followed for the defense ard Prosecuting Attorney Means clos ed.
 | In his opening of the case Judge