The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-06-12
Bragg Murder Case Reaches the
Last Stage.
Attorneys Spend the Day in
Making Arguments.
DRAW VIVID PICTURE
Slain Man Held Up as NeighbOr.
hood Bully.
A. E. Crane Makes Closing Speech
for Prosecution.

By O'Clock this evening the jury
will vote on the guilt or innocence oI
David Bragg, charged with the muir
der of Frank Wilkerson. The entire
day was given over to arguments OF
attorneys Every seat in the court
room was taken and scores of persons
stood in the aisles and listened atten-
lively to the hot, burning arguments
Of the lawyers.
It was nearly 10 o'clock when Judge
Dana appeared in the court room and
began the reading of his charge to the
jury. Bragg received the fairest OF
treatment in the instructions and eV-
cry detail of his defense was carefully
outlined to the jury. On the other
hand the jurors were instructed that
they might find the defendant guilty
on any one of the five charges. These
were either first or second degree
murder, first, third or fourth degree
manslaughter.
The jury was instructed that in
reaching a verdict it should rely on
at the time of the killing; not as sub
seQuent developments showed them
to have really been. Judge Dana
also reminded the jury that it was
not necessary for Bragg to flee from
his opponent and that he was justified
in the use of such methods as at tina.
time seemed necessary. Further, the
jury should consider Bragg's good
reputation as evidence that he told the
truth on the witness stand. Then, If
the jury is still unable to reach q ver-
dict, it may take into consideration
the relative strength of the two men,
threats communicated or not; the fact
that Bragg knew Wi1kerson some
times carried revolver. Then the
fact as to the probable aggressor must
hca0 II 11xrf l,
ditions are to be used by the jury in
deciding whether the defendant be-
lieved himself in danger of bodily
harm and was justified in his action.
Given Six Hours to Talk.
1t was 1920 when E. r. Simon,
county attornev opened the argument
in behalf of the state Each side had
been allotted three hours in which to
review the evidence. Simon occupied
half of this time and at the close of
his argument. recess was taken un-
til 1880.
The Bragg case is perhaps the first
murder case in the history of this
county, where a county attorney ever
relinouished to an assistant counsel
the rights of the closing argument
This privilege was extended by Simon
to e. A. Crane of Holton, who was en-
p1oyed by the Wilkersons to assist in
the prosecution.
Simon reviewed in detail the evil
dence of the with esses. He laid much
stress on the story told by Harry
Owens and that of Frank Snoddy, who
was impeached by the defense Then
the county attorney attacked the story
told by "Chick'" Glidewell and de-
clared that Bragg was not telling the
truth when he was on the stand.
In his statement Simon branded
Miss Dea Patton, the defendants
sweetheart, as a perjurer and urged
that the variance in her testimony
proved a carefully woven net of false
hoods related to keep Bragg from
the penitentiary. He mentioned
that Wilkerson could not be present
to refute her statements and that his
story on the witness stand would
prove an entirely different condition.
The Defense Shows Fire.
But Simon did not seemed fired with
enthusiasm for his cause. His argU-
ment did not show the same force of
conviction that characterized the plea
of the defense at the afternoon session.
Time after time the WilkersonS were
dragged over the Goals for their zeal
to send Bragg to prison. They pointed
to the employment of Crane in the
case and abused the states witnesses
in a manner that stirred the emo
room. They pictured Bragg as a
timid, defenseless stranger in a strange
land, who was the victim of the en-
nifty of the district bully. They told
how he came to fear Wilkerson and
dread the possibility of a meeting.
Driven almost to desperation, the law
yers said, Bragg tried to reconcile
Fred Moore and to avoid a personal
conflict with Wilkerson.