The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-09-30

told his story. In the main his story
was corroborated. but there was a
confusion of the details. Futreil
said he and his friends went TO the
boarding house and applied for lodg-
ing. He had a bottle of whisky in
his pocket and he said Mrs. Osburn
told them drinking was not allowed
and II was surrendered. After sup.
per they were in a room on the sec
ond floor talking, but not in a loud
tone, he said. when Osburn ordered
them 10 cease loud talking. One
word led to another and they were
ordered from the house. At the bot
,om of the steps he said a wangle
ensued over the payment of the bill
by his father handing out a $40 gold
piece instead Of a dollar. Then he
said Osburn grew abusive and struck
his father, and knocked him down
When he pleaded that his father be
spared he said Osburn turned upon
him. struck him under the eye and
then pinned him against the wall
with his hand on his throat. When
Osburn reached his right hand toward
his hip pocket. FutreH said he
thought his life was in danger. and
pulled his pistol and fired. Petty's
story was along the same line.
Cross-Examination.
Futrell on cross-examination said
he had carried a pistol since he was
about ~ years old. He denied that
his father knew anything of his hav-
ing the weapon. and said he placed
I In his pocket almost every time he
left home During the day before the
murder he said he had been drinking
but denied being drunk, although
the prosecution offered testimony
that he was reeling when he entered
the house. Futrell is 10 years old
according to his testimony, and has
limited education. He has been a
model prisoner, and several weeks
ago prevented an outbreak of prison
ers. He is only an ordinary boy
from the tobacco district. and the
night OF the murder was his first
Nloli III Iduucdh.
Attorneys sam Grassland. Hen
Trick & Corbett, Thomas n. HazeliI
are counsel for the defense. while
County Judge II. T. Lightfoot. Com
monwealth' Attorney John G. Low.
EFT, County Attorney Alben Barkley
and Oliver & Wickliffe are represent
ing the prosecution.
Miscellaneous.
j. NJ. Byrd was excused as a petit
Juror and l.. Barry was empanneled.
Judgment for s145 with interest
was given Mrs. Lou Osburn against
Mrs NJ. A. Byrd. In order to satisfy
the judgment an order was made for
the master commissioners to sell prop
erty of the defendants on Harrison
street between Tenth and Eleventh
streets.
Mrs. BERTHE Lippincott was given
Judgment for $1,000 against j. ID.
Yancey and property at the intersec-
ton of Thirteenth and Flournoy
streets will be sold to satisfy the
Judgment.
William S. Morris, of Golconda,
H., on motion of Judge S. II. Cross.
land. was sworn in as an attorney.
indictments.
Seven indictments were returned
by the grand jury this morning
Frank Green, alias Rush Green,
charged with the malicious cutting
lof Robert Bower; VIII Wallace,
grand larceny, charged with stealing
sac and watch from Luthe-
Coons; win Children, malicious
shooting. charged with shooting
Henry Brown; Bob Ford, OBTAINING
a woman against her will, Bertha
Dabney being the prosecuting wit
ness; Ida Turner, grand larceny
leharged with stealing s35 from joe
Cheney; Nelse Perkins, grand lar
lceny, charged with stealing property
from the J, T. Morgan Lumber COM
pany; Robert Craig, George McKin'
sic, Arch Bottoms and Dave Staggle
grand larceny. charged with stealing
brass from the Illinois Central Rain
road company.
The trial OF Henry Miller and
charles johnson, charged with rob
IL