Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-04-06

q state witness but his fund OF infor-
nation was meager, The only parts
.Of conversation that he could remsln-
Der We're those In reference 10 Jack
Love, and that after the men had
started second time into a heated
conversation, he testified that Kene-
flck said he would shoot Manning
with his own gun, The reason over
street assigned 20 his inability TO
catch the conversation was that IN an
adjoining room Mrs Manning was
enjoying the music from Il gnlpa-
phone.
In the defense's argument, Attorney
l.. V, Orton Of Pawnee emphasized
the statement made by Keuofck when
the argument had reached its climax.
by the testimony OF Oyerstrcct the
victim is said 10 have remarked; I'm
H good lrishman, shoot me- Almost
instantaneously the shots rang out and
Kenelick fell to the floor mortally
wounded, showing that the shots had
been fired In rapid succession
States Attorney Rudmon cole stat
ed that at the cOroners Investigation
two bullets were found TO have en-
tered the body at exactly the same
place
The last witness Of the forty sum
moned Wus examined yesterday morn
ing aud the testimony completed be
fore the noon recess Of the court The
state put on its preliminary argument
and at adjournment Attorney Ortcn
was making IA plea for the defense. II
is probable that the argument OF both
sides win be in by noon today and the
case IN the hands Of the jury by &
o'clock.
Attorneys on both sides OF the case
yesterday refused to make predictions
as TO how the case would be handled
IN the jury's deliberations. Both state
and defense ac confident that their
case is the stronger one. It Is the
general opinion among the attorneys
that the accused win be found guilty.
The widow Of Joseph Kencfick and
daughter were In attendance during
the entire session Yesterday but left
early to catch a return train to their
home. Mrs. Kenefick shows no signs
Of emotion, but Is an interested lis
tener.
The fact that there Is one man on
the jury who is not a staunch be-
liever in capital punishment may work
In the defendants favor. The juror
wus the last selected from the special
venlre Of ten men called Tuesday.
Manning in his own behalf made n
good witness and gave his answers
under the rapid fire Of cross exami-
nation IN cool and deliberate method.
In his story he related that he is A
years old and that he was engaged I'm
raising poultry short distance from
Pawnee. He had known Kenefick
last November 25,. He had gone TO
Pawnee that day and met Kenefick,
At a Pawnee llverybarn he, Keneflck
and others had been drinking. Man
ming started home. Keneflclc accom-
panylng him.
Keneflcl, according IA Manning
was drunk at the time they sat down
to supper. William Overstreet and
Clayton were at the Manning home.
Manning related that Overstreet was
also drunk he having come to borrow
a horse The quarrel over Kenefick
whipping Jack Love came up. Man
ming repaired to an adjoining room
where his wife was listening to the
strains OF a music box. KeneficS fol-
lowing him and knocking HIM down
with blow on the chest. AS Keneflck
fell on top Of Manning. Manning
struck him on the head with his gun.
It was accidentally discharged. Ken
efick is then said to have sworn to
kin Manning, and Manning tried TO
get Overstreet to take him to the
hotel. They got as far on the way as
the kitchen when Keneflck broke
away from his chaperone and made 10
ward Manning, remarking, according
to the defendants stoty, mat 'he
would Kill him with his own gun"
Manning declared that he tried TO
avoid clashlng with Keneflck by keep
ing away from him, but that he was
pursued. He then whipped out his
gun and fired three times. Manning
related that he believed his life was
In danger at the time OF the shooting,
and that as Kencfick lay on the floor
he remarked that he didn't blame
Manning"
Manning declared that he lived in
Oklahoma City in the year 1908. When
asked If he had been convicted Of
killing man by the name OF Wetzell
Manning answered. after counsels' OBJ
iections that he had been convicted
of manslaughter.