The Sentinel=record., 1909-10-16
why did you calI Robbins

Why did you call Robbins damned liar" asked Col. Henderson in cross examination, and in reply Wheatley answered that he har1ly knew why but that he was talking to MuEt Waycasey, thinking no others were interested, or had been inter ested in the mistreatment of his son, and that he thought Robbins was "butting in"
 Both the Wheatleys testified that they had never before had any up pleasant relations with Murt Way casey, and Rufas Wheatley did nor know Robbins, but Nick Wheat1ey did but did not know he was inter- ested in the trouble, and when the brothers entered and Rufas went to talk with Waycasey about the trou- tie Nick Wheatley states he stood near talking In fiiendly conversation with Robbins not anticipating that ne was interested
 It developed in the testimony that Nick Wheatley was not armed that evening that Robbins was armed, and dropped his pistol after being snot and it was picked up by Rufas Wheat ley and given over to an officer. It developed also that Waycasey had large knife, but the detail of that was kept out of this case, as Wheatley is being tried first only for the killing of Robbins
 Aside from Drs Edwards and Shaw. who described the wounds, and Ste nog. aphers Sturdivant and Cobb who .ooa1 pfevious testimony in prelimln- ary hearings, the defense introduced Lut one other witness of importance, and that was Jess Lawler, who testi- fled he was in the pool room before the Wheatleys came, that Waycasey and Robbins were discussing the ar ceInoon trouble and the threat the boys had made to tell their uncle and ia ler. and that Waycasey had said to Robbins let them come; we will get as many of them as they get of us The witness swofe that after hearing th!s re mark, and later seeing the Wheatleys enter the saloon, he left huiriedly and did not see the shooting.
 Aside from the admissions made by the defense, there was little more con aimed in the testimony of the wit nesses for the state. In some little detail the witnesses differed, for in- stance Ed. Waycasey's testimony was that when Rufas Wheatley came in the place he took roughly hold of him while asking about the trouble with his son, while the defense merely ad- mitted approaching him. Ed Way casey testified that Nick Wheatley had a pistol but that testimony was not corroborated by others, and was denied by the defense in a strong manner. Most of the men in the pool room that would have made good wit nesses for the state had apparently heard of the G4fficulty of the after noon between the Wheatley young at Waycasey. and when the Wheatleys appeared together in the door they anticipated trouble of serious nat. ufe and engaged in 6 general move ment to the exits. which was ac- celerated when the first flash of pis- tol flaned before them and the report rang out
 Officer Wilkinson was probably the most important witness for the state, estifying to the Wheatleys' coming from the place. to Rufas Wheatley .iaviag the pistol he owned and the pistol of Robbins, and of the story Wheatley told of the shooting. admit ting he did it. Wilkinson also told how Rufas Mlaeatley was bleeding from tine wound on his head and Nick Wheatley from the wound behind his ear, and both were taken to physi cans at the Jail
 The jury will not report in court lntif about 10:30 this morning as in structicns have to be agreed OH be fore they are present The arguments will probably begin about II o'clock Prosecuting Attorney Means. Col j. r. Henderson, Attorney NJ. 5. Cobb, md prohahly Judge Wood and Scott Wood will Hpeak for the state. while Judge Thurston Farmer will open for the defense. and Judge Teague will elcse It win be the first important criminal case Judge Farmer has par ticipated in and the attendance will no doubt be large to hear all the arguments