The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1909-02-10
.BAllEW TAKES the STAND
GIVES DRAMATIC RECITAL OF
THE KILLING OF FooSHEE
AND BREAKS DOWN.

The closing scene of the Ballew
trial for yesterday was the evidence
OF Ballew himself. During the whole
day he had listened, without apparent
emotion. to the stories Of the men
who had Witnessed the killing OF Foo
shee and did not seem to care wheth-
er the evidence went for or against
him. During the afternoon many Of
the witnesses contradicted them
selves. Men got up and swore 20 to
tally different versions with such
startling discrepancies that one won
dered II Il were possible 10 obtain
any truth about the matter at all.
The jury is a fine and representa-
tive body OF men. They appeared to
be studying the testimony carefully
hut one could see evidences of doubt
in the expression Of their faces. They
are nearly all old men and appear 70
be aware OF the responsibility that
rests upon them.
But when two men VINO found the
body swore to an exactly opposi
statement in the finding. Il could not
help confuse them. Two policemen,
who were the first TO view the mans
body gave n different version OF the
t,, fnI h. lott
stated that he was on his back and
another that he was upon his face.
Ono swore that his revolver was
worn on the left side and the other
that It was on his right side And so
.he evidence went
Assistant County Attorney Matson
conducted the examination Of wit
nesses for the state and Messrs. 4.
G. and w. l. Cruce and J. y Cham
pion examined FOR the defendant in
turn.
During the whole of the hearing Of
The trial the relatives Of the deceased
man have been in court watching the
case with intense interest.
They lend a little OF dramatic In
'erest to the case these women who
cared for Fooshcc, although they
have have not yet shown much emo
tion. But the sympathy Of all those
who know who they are must rest
with the quiet, gray haired woman
who called Fooshee "son."
Ballew made an excellent witness
for himself. and the grilling cross
examination Of Matson did not seem
TO confuse him at all. the
To confuse him at all He told his
story of tho killing with plenty of
gesture and life. but was compelled
10 pause for several minutes at the
beginning of his testimony because
OF his emotion He told OF meeting
Fooshee without weapon. OF going
10 get n weapon and buying the cart.
ridges and then of going down to his
Joint on Caddo street and waiting 10
see what would happen.
I The defense has sought 20 show
conspiracy and SET defense and the
state deliberate murder
This morning was occupied with
the rebuttal evidence OF both sides
and Judge Rosscr retired shortly be
fore noon TO prepare his charge n
the jury.
An important witness for the state
Don Holt, was brought into court this
this morning by Deputy Sheriff Ian
drum. Landmm has been after IN,
man for two days and finally locafc5
him In Shawnee. He was delayed II
his search by n wreck on the Frisco
and only managed to get his mar
here on time by a margin of severa
hours.
Judge Rosser delivered n clear
comprehensive and exhaustive charg,
TO the jury. lie defined very clear!
the different charges upon which th'
defendant might be found guilty ant
explained what constituted the dif
ferent forms OF murder, iustifiabl
homicide and excusable homicide
He said that a bare fear OF tn
offense to prevent which the KILN;