The Mena weekly star., 1910-11-03

The boy was Cdllcu Dy IhO S'~S torneys and denied that any sucn conversation took place.
 Trying to Break the Defense.
 At the close of the evidence for the defense the state began calling wit nesses in rebuttal. The hour was get ting late and with desire to save ex- pense Judge Steel urged haste on the part of the attorneys so that the evl- dence might be completed and the witnesses discharged
 The evid ence in rebuttal was direct ed at three points in the evidence of the defense. The statements Of the defendant and Jamison and his wife that Stacy made a demonstration against Coughran just before the kill ing the statement of the defendant that he believed his life was in dan ger when he did the killing, and the statement by Naples that Stacy had gun on the day before the killing.
 Three witnesses were called who testified that Sunday evening after the killing Jamison came up to Bob Moore's house and told them of the killing. Moore asked him how it hap pened and Jamison replied that
 Stacy was just riding by and the old man shot him." This in substance was the story told by the son of the dead man as to how the killing oc- cured.
 A number of witnesses were called in rapid succession, who were on the coroner jury. They testified in sub stance that Coughran made a state ment before the inquisition to the eff feet that Stacy rode up to him and cursed him and he grabbed his gun and shot him. That at that time de- fendant did not say that he believed Stacy was going to kill him. or feared that he would.
 l As to Naples statement about see- | ing Stacy with a gun on Saturday, | these same witnesses who were on the coroner's jury said that at that time Naples said nothing about see ing a gun on Stacy, although the ques- tion was asked him.
 On cross-examination the defense drew from several of these witness es the fact that they had con tributed to a fund to employ counsel to prosecute Coughran. One witness stated he had given $500 to help Stacy's widow employ counsel to as- sist the State in prosecuting the case.
 On sur-rebuttal the defense placed witnesses on the stand to show that the defendant was led to believe that he would have a preliminary hearing after the coroner's inquest, at which time he would have chance to make a more complete statement of his side of the killing and that the statements made by him were made while in the custody of the officers and without the advice of counsel. The defendant was placed on the stand again and said that Major Hen ley had advised him to stay away from the inquest, but that he made a statement there though was not per mitted to hear the statements made by other witnesses before or after his statement was made. It was after dark when both sides announced that they had no more evidence to introduce and court ad- journed.
 The Argument. Friday morning the attorneys for the state and the defense came into court with page after page of instructions bearing on the case to submit for Judge Steel to pass upon before they were given to the jury. The courts pass ing upon the instructions consumed considerable time and it was Il o'clock when Prosecutor Pinnix be- gan his argument to the jury, after an agreement had been reached, allowing two hours to the side for the argu- ment.
 JIG. Pinnix made the first argument for state, closing at noon. in the after noon Earl Witt opened for the defense. He was followed by his father Clip Witt and Pole McPhetrige closed for the defense.
 The last speech was made by J. S. Lake, who closed the case for the state.
 The case was given to the jury at 5 Friday afternoon.