The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1909-03-04
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. b. Pence.
FROM WEDNESDAYS DAILY.

The coroner's jury at $50
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:
Eve, 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 2 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. R. 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 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. 7. Piercey, w. w.
Bishop, B. L, Harton, J. F. Camp
bell, Jesse Witt, R. D. White, D.
o. Harton, N. c. Martin and A.
J. Witt Jr.
After the jury had viewed the
body of Mr.. Durham, they assem-
bled in the Board of Trade rooms,
where the inquest was held, Mr..
Charles being present and being
represented by R. w. Robins.
J. A. Boydston, Sr., proprietor
of the restaurant in whicn the diff
fculty between Durham and
Charles started, was the first wit
ness called by Coroner Pence. Mr..
Boydston testified substantially to
the same facts as reported in an in
terview with him in yesterdays S
paper. He said that after Durham
had seized Charles by the cellar he
struck him in the tace several
times and was cursing him and
threatening to kill him, reaching
his hand in his shirt bosom as if to
draw weapon and telling Charles
that he was going to shoot him. So
far as Mr.. 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. Mr..
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 in the head with
his pistol. When Mr.. King reach
ed them, Durham. he said, still
had Charles collar tightly clinched
in his hand, and Charles was al
most black in the face, apparently
from being choked. Mr.. King
said that it took considerable effort
on his part to free Charles from
Durham grasp. So far as he knew
Mr.. King stated, there was was nc
previous bad feeling between the
two men,
The testimony of Walter c..
Jones, the next witness, differed
from that of Mr.. King, in that he
said Durham Immediately loosed
his hold on Charles after the shot
was fired, and that Charles struck
Durham after he was free from his
grasp. Mr.. Jones viewed the
fight from across the street.
DR.. w. r. Greeson told the jury
of Durham's wound, which he said
was the cause of his death. The
bullet entered in the region of the
stomach, he said, passing back
ward and downward diagonally
through the body and coming out
over the right kidney. DR.. Gree
son stated he was with Mr.. Dur
ham until his death, but never
heard him say anything OF the
tragedy, except to ask who shot
him.