The Sentinel=record., 1909-11-12

hidt was stll-ueIense, ana then ne re- viewed the testimony carefully in ar. gument that there was nothing con- tained therein upon which, self-de- fense could be established by a jury. He paid especial attention to the evl. dence of Fonso Ballard who had found the weapon which Mcdaniel is alleged by the defense to have had on the day of the killing, and then took up the Instructions which the court had approved. His arguments were con yincing and his plea for that justice which will he a guarantee to every man of the safety of himself and his friends. was a splendid one.
 Attorney George Whittington open ed for fhe defense, and as this was his first appearance in an important criminal case in this county there were many spectators from the bar present to hear his address. Mir. Wilmington took up the case from its incipiency, as shown under the testi- mony before this jury, and empha sized particularly the shooting previ- ous to the fatal one, when Will Me Daniel, the slain man. with the very temple of justice, and on the opening day of the present court fired on and tried to kill Walker. the defendant in this case. MT. Wilmington kept this 1 before the jury as a means nf estab- | Fishing the condition or mind of Wal ker on the second day afterward, when, while he was driving to town to attend count, he saw Mcdaniel galloping down the road towards him. i and could have expected little else than that the bold attempt to kill en- acted the last time they met in a crowded court room, would be renew. ed out there on the country road
 The whole story was reviewed with vigor and with convincing effect by Mir Wilmington, and there is no doubt pf it's impressiveness on the jury.
 At the night session Mir Bouic op- ened the proceedings. He begun his argument with the period when Wal | ker testified that he had left the coun- try last spring to prevent having troa- bic with McDaiiteS, referred to wai- lSer's return latter to visit his mother, of the threats that had been conveyed to Walker. and of the shooting at the cross roads last June, when Walker fired twice on McDaniel, only when the latter had half raised a Winches ter .3S caliber rife to enter the fight with Walker in furtherance of the threats he had made in the neighbor- hood
 Then he reviewed the shooting at the court house, painting here the heart of man who was so brazen and yet so cowardly as to attempt to kill another after an exchange of good morning in a crowd under the very dome of the temple of justice.
 From this Mir Bouic took up the case when McDaniel got his horse and started off to the country the morning he met the Walkers, describ- ed the feelings of his client as this 1 horseman came galloping down the highway in front of him, pictured the shooting as described by witnesses 1 flor the defense, ana the incident of Mcdaniel having thrown away his pis- tol under the belief that he was not seriously wounded. and might later have to answer in court for attempt. | ing to kill Walker again.
 Prosecuting Attorney Means closed for the state. and it was without gloves that he handled his review. His customary vigorous prosecution was added to from the very outset, when he put before the jury that it was not necessary to reach decision of first degree murder in order to con- vict, but that this accused must be utdit NANif III tlt Pl0Stli by law for ahe killing of q fellow man. He insisted that when he proved that McDaniel had been killed, and Wal ker had killed him, in this county and state, thereafter the duty involved on the defense to condone or partially excuse that crime of Killing, and that this the defense had not done He claimed for the state a clear case of murder, established by impartial wit nesses. who were many of them even unacquainted with eioner of the prin. cipaIs of this tragedy, and therefore could not be challenger as to fairness.
 Mir MeaIn5 sriso went Usvn os0f liir former trouble between the men, de claring that in the matter of char acter or reputation for fighting and | lawlessness, both were equally guilty until this last trageay. He declaHed that had Mcdaniel not been killed hy Walker. McDaniel should be sent tc the peniteDtiary for trying to kill Wal I-or and xVaIl or gent fhpra for llxfuq