The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1911-03-29

since six O'Clock last night The attor-
neys expect hung jury.
Independence, Kans., Mar. 29.-The
fate of A. A. Truskett, charged with
the murder of ]. g. S. Nicely, was
given to the jury last night. The case
was given the jurors at 6:10 p. IN
Probably never before in the his
tory of the Montmorey county bar has
there been in trial of any sort such
a wholesale hurting of vindictive
phrases as in the closing argument
yesterday afternoon. The case has
been so involved in its nature that 1t
well nigh has been impossible for the
laymen to follow its twistings and
turnings through the various phases
of the evidence
Even the attorneys may have been
confused in their closing arguments,
the majority frequently left the issues
to argue the merits or dement's OF the
attorneys on the opposite side. Before
an audience which filled the court
room to capacity, such strenuous
language was used and such violent
charges laid at the door of the various
lawyers engaged in the case by the
speakers that gasps of amazement and
murmurs of astonishment frequently
were drawn from those who heard.
The arguments closed with some peo-
pie in the room kissing the retreating
form of Attorney Charles Bueher, who
had refused the proffered hand of
County Attorney Hal B. Clark, who
was apologizing to Bucher for wound
ing his feelings
After the close of testimony taking
Tuesday morning it was decided that
foup attorneys would speak for each
side and that six hours would be al.
lowed for the arguments. The opeH-
ing address for the state was made by
Assistant County Attorney Joseph Hel-
dren. who outlined the points Of tie
states case.
Charles Weleh opened for the de-
fense He narrowed the issue TO
whether or not Truslsett at the time of
the killing knew what he was doing.
He reviewed the insanity evidence
and said the state had not rebutted
this.
Grattan Stanford, for the state. paid
touching tribute to ]. D. S, Neeiy.
All the Neely women wept through
out.
The first sensation of the day was
sprung when Charles Bucher, ex-
county attorney, now of Coffeyville,
opened his speech for the defense.
From beginning to end he anathema-
tized the dead man, corporations gen.
orally and the attorneys on the other
side. Bucher slapped three jurors on
the knee, shaking them in their chairs.
T. H. Stafford, for the state, paid
his respects to Bucher by saying he
N"o q UIoSl aNS " tuc leBdi plVltSblUH
and that expressions like his were
what made murders possible, He
called him paving, believing, Wild
eyed animal from Texas
S. H. Piper, for the defense, told in
poetical language the merits of Trus-
kett and the "diabolical designs of
corporations" He followed Bucher's.
lead and attacked Stafford saYagely..
T. H. Stafford again talked, and in a
short speech drew the line of the
states arguments together.
J. R. Charlton of Bartlesville, Okla,
ex-county attorney here, pleaded for
an insanity verdict and despite the
courts instructions, tried to lay ground
for self defense.
Attorney Hal R. Clark had the clos
ing address. He made biting criti-
cism of opposing lawyers who had at
tempted to play on the jury's feelings,
He replied to each, in defense of Stan
ford. He said the defense had pleaded
for hung" jury. Bueher objected,
but was overruled.
After brief rebuttal evidence yester-
day morning by the state, in an effort
to show that Truskett was Of sound
mind, both the defense and state rest
ed and Judge Flapnelly delivered his
charge to the jury. He eliminated all
possibility of self-defense on tho part
of Truskett.
"The law" he said, knows only one
form of insanity in murder cases. Did
or did not Truskett know what he was
doing when he shot Neely. and did
he know he was doing wrong?"
There were twenty-three counts in
the courts instructions. The defense
filed exceptions to all except i've