The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1911-11-07
Evening Telegram Bureau,

Barlow, Fla, Nov. Z. :
The examination Of witnesses In
the Ben Hale case. came to an abrup(
close soon after the converting d
court this morning. The State wai
allowed to recall Mr.. J. B. Galloway
who testified that the shells found
by him near the scene Of the killing
were New Club Shells, number IL.
And then the State recalled John
Logan for further cross examinat ti0n.
Mr.. Logan was questioned closely al
to his connection with Hale's con-
fession, but nothing improper wat
shown.
After the defendant had retired
with his attorney for consultation
and had returned into the court
room, Senator Dayton announced.
1.-THE defense rests, too, Your Honor" i"
This was quite a surprise, for 1t Is
known that there have been ten or
twelve witnesses summoned here for
the defendant. This move by coun-
sci for the defendant gives the at
tOrneys for the defense the opening
and closing arguments. Mr.. o. L.
Dayton made the opening argument
for the defense, and he was follow
ed by Judge Boswell for the State.
Both men made short arguments.
The jury will next be addressed by
States Attorney Singletary. Senator
George W. Dayton and his brother.
o. l.. Dayton, will both make clos
ing arguments, after which will fol-
low the charge Of the court. More
than likely verdict will be return
ed today. During the arguments.
Hale sits stOlid as an OK, apparently
unconcerned as to his fate. Mrs.
Hale is the picture of the deepest
sOrrow--the real sufferer.
The Trial in Detail.
Circuit Court re-convened at II
o'clock today. The nameH Of
members of regular venire summon
ed for this week were called, all
answering, and they We're qualified
as jurors. The attitude of Judge
Whitney toward jury duty Is be-
coming generally known in the coun-
ty, and for this reason 1t is nOticea-
BILE that not a man asked to be excus-
ed from duty. The Judge remark
ed to the jury, as he has remarked
to others previously during this
term of court, that their fellow cit
izens have right to their services
and that he will not excuse jurors
unless not to do SO will jeOpardize
their business or endanger their
health or the health of their families.
BY 1890. the jury in the Ben
Hale case was completed by the
selection Of two additional jurors to
complete the panel, at which time
court recessed until two o'clock.
II will be remembered that the
State is irving Ben Hale for the
killing of Floyd Carter, July II last,
on the road between Galloway and
Kathleen. Carter was shot dead in
his wagon by some one in or near
the road, and soon after the killing
Ben Hale was arrested for the muir
der and has since been in Jail, from
which he is now being taken daily
to stand trial on an Indictment for
murder recently returned by the
Grand Jury. There were no eye
witnesses to the tragedy, and un-
less Hales confessions made to the
officers and others after he was ar
rested, are admissible in evidence,
the State will have to depend upon
evidence, and cir
cumstances in this case furnish but
slight evidence.
The State began its case by put
ting j. B. Galloway on the stand.
Witness testified that he reached
the scene of the tragedy soon after