Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-08-06

llNudlly kept DclOIo lHt COdlA 'ho
states chief contention In rebuttal
to the defenses plan of defense, that
the killing was not jusIflable
As no concluded, Mr. James stated
that he would leave the matter OF
Introducing authorities to Mr.. Malloy
who would close for the state, these
authorities TO be used In clinching
the states argument that the killing
was not justifiable.
At this point the defense raised a
serious objection, contending that the
state must make its case in the op-
enng and could not wait until rebut-
tai to introduce authorities on the
law. Assistant Counsel for the defense
Ramsey and Prosecuting Attorney
Malloy had quite n sharp tilt that
caused a break In tho high tension Of
the court room and created u smile
all around,
In rising to argue the defense's con-
tention in this objection, Malloy stat
ed II don't recall that l ever heard
such a ridiculous contention raised
in a court room before"
Mr. Ramsey sitting on the other
side of the table, shot back Mt him;
you are learning something every
day, Pat"
am addressing the court, not you,
Mr.. Ramsey replied the prosecutor,
The court held that the prosecution
could only Introduce authorities In
the closing argument in rebuttal to
the defense's case
At 10:45 o'clock City Attorney
Ramsey opened the case Mr., Ram
sey confined his remarks to a review
Of the testimony favorable to tho de-
fendant and outlined the defense's
case He bitterly attacked the testi-
mony Of Mr. Shofner, a witness for
! tho prosecution, who testified that
| when Moran fired the fatal shot Wool
iver was running straight away from
| Moran and had his back turned to-
ward him. Mr.. Ramsey showed by
the course Of the bullet which entered
Wooliyers left arm and penetrated
| his side, that the testimony Of Shot
nor was not true.
Mr. Tucker, chief counsel for the
defendant, followed Mr.. Ramsey, taxi
ing the floor at 1903 o'clock. He
talked for 45 minutes when the court
recessed for noon until 1880 o'clock.
Mr., Tucker then again took up the
argument and concluded at 2:1O
O'Clock.
From n legal standpoint. Mr. Tuck
er's argument was brilliant effort.
Step by step and inch by inch he fol-
| lowed the progress of tho tragedy
from the arrival of Wooliver in Tulsa
on the Wednesday before the shoot
ing occurred until the deceased
breathed his last,
At every angle OF the case he en-
deavored TO show tho court justifica-
tion for the shooting, AS he outlined
each step in the evidence, he intro
duced authority after authority and
Supreme Court decisions after decls-
Ions, to strengthen his statements
His argument was almost n repetition
of reading from authorities, and It
was generally conceded to be one Of
the greatest arguments from n legal
standpoint ever heard In this city
At 2!l0 O'Clock, Mr.. Tucker closed
with an impassloned appeal to release
John Moran from the stigma of the
charge of murder. Mayor l.. j. Mar
tin followed Mr.. Tucker and closed
the case for the defense.
Mayor Martin preceded his re
marks by saying that he only took
part in the argument at tho request
of Mr. Moran and because he be-
lieved in his own heart that Moran
was innocent of any wrong doing.
Mr. Martin talked for thirty min
utes and demonstrated that his repu-
tation as spell binder" was a just
one.
He made n strong appeal for the re-
lease Of Mr.. Moran. He laid open to
the court the exemplary character Of
Moran during his seven years service
as an officer OF the law IN this coun-
ty. He appealed TO the court for the
release Of Moran because "by binding
over this man, you will put a pre-
MUM on the services Of efficient Of
fcers that the city cannot afford to
pay BY holding this man to the Dis
trlct Court, you put a burden and ex-
penso on him that will prove an ex-
ample and detriment to other officers
ioJ 6nolLls MUI eql SuIoIoJue moIJ
fear that they will be prosecuted In
this manner for only doing their
duty"
County Attorney Malloy then closed
tho case for the state.
The Moran preliminary has prob
ably been without a precedent in Ok
lahoma, not only on account OF the In
terest taken In the hearing, but on
account Of the hard fight made by the
attorneys for both sides. the state to
secure tho holding Of Moran to the
District Court, and the defense to
have Moran cleared of the charge.
For three days, tho County Court
room has been packed and jammed
with hundreds OF spectators who have
followed every word OF the testimony
Opinion still seems to be very much
divided as to the final outcome Of the
case.
Moran's trial will he held In the
District Court probably in October.
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