Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-08-05
70 VIEW GROUND
WHERE MAN Died.
JUDGE WILL LOOK AT SCENE or
NOOLlNER KILLING.
HEARING IS Concluded
Believed Defense Has Made Strong
ShOwlng-ENc Witness CorrOb-
crates MOrnn's Story.


John Moran, charged with numbering
win Wooliyer age 80. OF Wyandotte.
Okla, In Tulsa last Friday morning,
when the latter was trying TO escape
from Moran after being arersted on
u charge Of horse stealing Will bo
acquitted of the charge today or will
be bound over 10 the District Court
ON the charge, rests with Justice of
the Peace lAtson. The last bit of ey-
idonco was placed before the court
lato yesterday afternoon, and this
morning tho attorneys viii start the
arguments.
At $3.50 o'clock this morning, Judge
Litson in company with the attorneys
OF the defense and prosecution, Will
make Il personal inspection Of the
scene of the shooting IN order to clear
mp any doubts about the character Of
the ground and the various incidents
of the unfortunate affair
The principal feature Of the second
day OF tho trial was the testimony
of the defendant himself, who took
the stand early yesterday morning
and told in a simple straightforward
manner the details of the tragedy,
shortly before noon, the defense
turned Moran over to the prosecu-
tion for cross examination and a blt-
ter ordeal 1t was. County Attorney
Malloy and his assistant, Luther
James used every means at their
command to shake and impeach tho
witness. but gave up the job shortly
after o'clock In the afternoon with
practically no advantage gained,
Tho scene in the court room was
Il repetition Of the day before. Every
available seat was taken long before
| the court was called TO order by the
! bailiff, and every inch Of standing
room was taken up. Not for an In
stant did the interest wane, and the
vast throng seemed to hang on every
word that was spoken, whether 1t was
q legal argument between the attor-
neys or the testimony Of an important
eye witness to the shooting.
The attorneys for both sides ap-
parently began to feel the effects OF
the long preliminary. and during the
course OF tho afternoon. Mayor l.. j.
Martin, assistant counsel for the de-
fense and County Attorney Pat NAL
10y had several little spats about the
interpretations OF the law on admit
ting certain testimony,
1t was again a decided victory for
the Moran side Of the case, and many
gave 1t as their opinion that Moran
would be acquitted today. However,
1t would not be a surprise IL he were
bound over, but even at that. the
state will likely have TO make a much
stronger case TO ever hope to secure
conviction in the final trial.
The defense scored a decided VIC
tory shortly before the conclusion Of
the defendants testimony when the
court overruled the objections Of the
prosecution 10 tho admission OF the
statements OF Moran Immediately af-
/ ter the shooting when hd discovered
that he had killed Wooliver. When
tho defense began TO question Moran
along this line, County Attorney NAL
! 10y objected, and q strenuous argu-
ment followed in which every attor-
ney for both sides took part.
The court overruled the objections
OF the state, and the statement made
| by Moran within a few seconds af-
ter the fatal shot was fired, was re-
peated when he testified! IL EN- sorry
that I killed the boy. I would rath-
er that forty men had gotten away
than to have killed one"
Upon hearing this testimony, tho
county attorney moved that the ev-
idence be stricken from tho record.
This again precipltated an argument,
tho defense claiming that by intro-
ducing such evidence they are shows
Ing the condition OF the defendants
mind Immediately subsequent TO the
shooting, and that the shooting was
not premeditated nor tho act of
depraved mind as alleged by the
county attorney IN the information.
The defense cited n number oe au-
thorities on this question, and the
court overruled the motion OF the
prosecution, thus scoring heavy
point for the defense.
Shortly after this Moran was re-
leased from the witness stand. A
nve-minuto recess was then taken.
as the attorneys for both sides wished
10 CONFER
Charles Atwood, the pumper NJ
West Tulsa, who originally identified
tho deceased woollver, was recalled
10 the stand for the first witness yes
terday morning. The defense tried
TO find out from him why he refused
to identity Woollver when so re-
quested, so that he could dispose OF
the horse The prosecution objected
to this line Of testimony, and the OBJ
lection was sustained.
A. S. Lott, resident Of West First
street was next called to describe tho
character OF the ground on which
tho tragedy took place He testified
that II was possible FOR a man to hide
IN the undcrhrush on either side OF
First street near the scene OF tho
tragedy s. J, Cunn'ngham was
called, following Mr. Lott but was
only on the witness stand a few min
utcs and his testimony had very lit
TO bearing on the case Arthur AM
tie w0s called but not used
Following this the defendant him.
Golf t,pk tho stand