The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1910-07-19
FUTRELL TRIAL
OCCUPIES TIME
OF SPECIAL TERM
Criminal Court Progressing
Rapidly With Hearing Of
Murder Case.
Will Adjourn When II Is
Finished.
DEAN GETS HIS NEW HEARING,

IOmOTTOW VIII emu the term Oh
the special criminal session. which
convened Monday. The only case
that will be tried Is the murder
trial of Louis Futrell and his
father. J.. s. Futrell. OF Model.
Tenn. charged with killing Horace
Osburn. a street car motorman.
The trial was taken up yesterday
afternoon and has progressed at
good speed. II is expected that all
of the evidence will be finished
sometime this afternoon and posi-
bly, some of the arguments heard
IL is thought that the case will be
closed by tomorrow afternoon, and
the special session will end.
The prosecution finished its evl-
dence this morning. and when court
Louis Futrell and j. S. Futrell had
been on the witness stand Their
evidence was that Osburn struck J.
S. Futrell and knocked him down,
and that Louis Futrell shot Osburn
in defense OF the l'fe OF his father.
The defense attacked the testimony
of Mrs. Osburn. They introduced
Henry Bailey. former night captain
OF police. and Thomas Potter. also
former night captain of police. who
testified that on the night of the
killing. Mrs. Osburn told them she
was not In the hall at the time of
the shooting and did not see it. In
her testimony. Mrs. Osburn said
she was within a few feet Of her hus
band when he was shot.
The Jury in the case is v. II.
Blewitt. Henry countz. NJ. b. Trap,
J. ID. Potter. =. E. Gaines, J. W.
Boren. J. ]. Bryan. j. n. Mcintosh,
Linnis Roof. Jeff Gray. T. C. Over
street and J. A. Taylor.
Trial Began Yesterday.
The trial was begun yesterday af-
ternoon after over an hour spent in
trying to secure a continuance By the
defense. The attorneys for the de-
Tense filed an AFFIDAVIT stating that af-
ter diligence they had been unable TO
!ocate four important witnesses. Cir
cult Judge william Reed decided that
they had used diligence. but ruled
that the case should go to trial. The
commonwealth announced ready for
trial yesterday morning. and the
case was postponed until this after
noon, in order to give the defense
an opportunity to prepare the afii-
dayit.
The prosecution consented to ad-
NIT the testimony that would be CIV
en- by the four witnesses, and the
case was called The regular panel
OF jurors was exhausted and II was
necessary 60 secure several bystand
ers to al the jury box The first wit
ness for the commonwealth was Mrs.
Horace Osborn. wife Of the dead man.
She testified that the men were
when they entered the
house. and were ordered out by her
husband when they became abusive.
She said that while standing at the
foot OF the steps her husband was
shot by Louis Futrell. who was urged
by his father to commit the act. She
stated that she was within short
distance of her husband when the ia
tai shot was fired.
w /. Stanley was called and his
evidence was only partially heard
when court adjourned. Mr.. Stanley
corroborated Mrs. Osburn in her
testimony.
The defense is represented by At
torneys S. II. Grassland, j. X. Hen
drick. Hal S. Corbett, while r. T.
Lightfoot. no was employed by the
relatives of osburn, IL leading the
prosecution assisted by Common
wealth's Attorney John G. Lovett
and County Attorney Sanders e.
Clay.
Dean Hearing.
BY agreement of the. attorneys
this morning. the examining trial of
Guy Dean, charged with completely
in the Pool road murder, was con-
tlnued from Saturday morning until
next Monday morning. The trial
will be held before County Judge
Barley.