Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-11-14
INSLEYS FATE TO
Be IN JURY'S
HANDS BY
5OClOCK
Self Defense the Plea Set Up
BY Man Accused OF Deliber-
ately Killing His Brother.
in-Law.
INFANT CHILD FIGURES
LARGELY IN TRIAL

charged with the murder OF his
hfoiher-ininw. f0hn A. IIiggins on
the evening OF March 7 last. viii be
concluded. ~ far as evidence. afxn-
mont aud the instructions oi the c0uf,
are concerned hy O'Clock this after
noon An morning the atiorneys
have been IN argument. presenting
their views and consiructlng for the
Jury logical chains OF events from
the evidence leading, however, TO
widely dlnefent conclusions
The prosecution. whose argument
waa opened by A. ~ Robertson. spo-
cial prosecutor retained by the rela-
tivos OF the dead man, took the siana
that the killing OF Higgins. which 10
admitted by lnsley, was prcmediiatcd
ana deserving OF the heaviest punish.
ment Ia The power Of the law TO give.
AZ. T. Mctiuinness. assistant district
attorney. spoke along this line also.
Both the young men made good adj
drcsses which gave promise 81 the
better things they might do later when
more fiponed IN legal practice.
The defense upheld throughout the
contention OF self defense which ms
lcy Indicated In his story upoas the
stand last night.
j. A. Miller opened for the defense
and naed an hour and ten minutes OF
the time allotted that side OF the case.
lie was followed by y. l. Medicr,
who made n strong and eloquent plea
For the freedom OF Insley. on the
ground OF self defense. lie pictured
viviGly the stress OF the fatal night,
when Insley saw his babe about 10
be nwept from his arms ana taken By
ila mother and her brother far beyond
his reach: he showed the brutality OF
the blow dealt insIcy by Higgins. and
he summed up the evidence intro
duced BY the defense 20 three points,
iirsi. TINT Higgins had been found
dead In the insiey store with hole
In his head; second, that IEsley had
been found IN the hack part OF the
store. and third. Mrs. Ensley had run
up the street.
He also pictured the pasernal love
lnsley bore the baby which tigurcs so
largely IN the case, showing that tho
FIRST articuiase words Insiey had spok.
-..aIi alter No event had been relative
District Attorney Klock had one
hour and a half 10 speak when he
began his closing speech for the
prosecution ut quarter OF three. 1t
~ expected that the courts lnstruc-
ions 10 the Jury will not occupy more
than half an hour. In this event, the
case VIII be In the hands OF the Jury
by O'Clock
After term Of many hours on the
witness stand Thomas Insicy's story
~ his killing John A. Higgins last
YaA
was placed on tho stand shortly be-
fore o'clock. He remained there
until after 10 o'clock, when his
cross examination BY the prosecution
was finished at the session last night
insiey put np the plea Of self de-
Tense, and his story, M he told how
he was eowed by larger man. and
IN what he claimed mortal fear,
sounded very conelncins az he llhis-
trnted every point With gestures and
admitted In so many words chat he
had shot his brother-in- law. IBaiey
made no denial ~ the stories Of FAM
iiy troubles. Instead. he admitted
them. He admitted his quarrel with
Higgins, In fact he admitted every
thing the prosecution had set nE
aeainss him except the actual pre-
meditation Of the shooting.
inslcy told the story % the even
ing OF the shooting In manner
which well Illustrated his elaine 90
self defense We began his recital
by telling Of trouble With his wife
over changing tho damp clothes tho
baby had on. lie told Of his wife
Angriiy fiouncing from the room, say.
ms az she went. con. damn YOU. Iil
liz YOU" and ~ his subsequently,
goin9 To the store. taking the infant
over which they had quArreled with
hin. He told of his wife's return
H. The store, and her demand for
money 20 attend the picture show. a
thing over which he admitted for
mcr conientions. Then he toid Of
the coming Of his wtfc and her broth
~. % threatening gesture and
speech made to him hs HiRxias. OF
the lattcrg saying "You ---- 49,,
you're trying % make trouble al the
time. We want the key and We want
the baby and we're going to have
them"
Then he told. with minute at,en-
slon 10 dcieH. Of the babys fright
ened crying when the angry voices
we're hesrd. aud Of lilRgins kn0okina
HIM down and striking him again
1lfNf ne Fohos hAhNoiNN over MIN Nild
his riRht hand behind him. Then
Tho accused man. bIuntiy and With
out any trcmor IN his voice, made ihs
admission upon which hangs his lif,
40 on a hair:
n picked up the gun standing IN
the space aEeihkt the wall and
wheeled around and let him have u
When liisglns fell. my wife scream
"a out, oh, para, what made YOU
10 ltT' said II was either him
or me. dear. and ! am looking oui
for myself ! shot because I thoueh'
IN my heart that no would NH M,
the NEXT instant n i didn't
Panslng an instant. Infley c0ntIn'
uea his atory, telling 81 his Wife,
frantic efforts 60 commit suicide b,
swallowing cyanide OF potahaiun
from can IN tho rear az the store
inter he had refused her ensreetiel
~ kln her. too In his slruegle will
his Wife. inslcs raid. the gun wal
discharged ueaiu. niakins the ntcon'