The Sentinel=record., 1911-05-27
DENIES ANY
 CONSPIRACY
HoUPTS WANTED cHlTWooD TO BE TRIED BELIEVING SOME
 THING WAS HIDDEN
Defense in the Rutherford Trial is Taken up jus: Before Close of the Court. With Sid Houpt as
 First Witness


 The denial that any conspiracy tor the killing of Oscar Chitwood existed as between any of the Houpt brothers and John Rutherford or Ben Murray. but that on the other hand the Houpts had hired attorneys in the prosecu- tion of Chitwood with the hope that in that trial there would be deveI- oped other facts to show more defi- nitely why Jake Houpt was shot and killed, was the first trend of evidence in defense of John Rutherford which had but inst been well begun last evening in circuit court when adjourn. ment was taken for the day.
 While the proceedings were follow ed with intense interest by large crowd, yet there were no sensational developments The morning session was enlivened, however, when Prose cutor Wood began the introduction or his pr oner witnesses as witnesses in the hearing. Some of them had been convicted before, and others had been convicted since. and unless these convictions were removed with executive pardons their evidence was worthless. but the prosecutor had ap- parently a pocket full of pardons, ana was prepared for any emergencies.
 Tn the instance of one negro woman Col Murphy, for the defense objected asking if she had not been convicted of theft. She answered she had. "We object to her evidence" said Co!. Murphy. and then Prosecutor Wood presented an executive pardon which restored her to citizenship and to the responsibility of an oath. About to proceed again, Col Murphy again op- jected. and asked if the negress had not been convicted since that other time and since that other pardon. She answered yes. and another objection was raised, but Prosecutor Wood came out with the second pardon for this same witness. and the taking of her evidence continued.
 The theory of the state, at the conclusion of it's case. is that con cpiracy existed between Rutherford and Murray and some of the Houpts for the killing of Chitwood, and the state attempts to prove this through circumstances The relations of offi- cor and deputy, the personal ana friendly relations. and the other con nections between the accused men and the Houpt brothers had been de- veloped throughout the whole of the state case.
 Because Rutherford and Murray had shown no animosity to Chitwood and because on the other hand there Is proof that they had interes'ea themselves in h's protection from vlo- lence on former occasion. the only plausible theory of the state Is the conspiracy.
 The defense. as evidenced in the first witness on the stand, will no' be alone to attack the coHcpssa<eyy aiie' gation of the state but to estabnsn that Houpt brothers not alone wanted Chifwood to have a fair trial as matter of common justice but tha' they believed that Jake Houpps death had not resu.ted as mere m cident between official of the law aho the line of his duties in making ar rests but that deep rooted behind .h' killing of Jake there was anolne' purpose. and that a trial of CnitWoo' would have revealed this.
 It is a part of the contention or 'h' defense that the Houpt brothers na' hired counsel to aid in the prosecu tion of Oscar iChitwood with the ao vanced understanding that the motiv for killing Jake Houpt would De goh into at length so that everything connection with the case might De oe ye'oped.
 And it is all this conflict of opinior of theory. and of evidence which WI be heaped before this trial lur roughout today until the defense na convinced itself that the theory of tn state has been broken down.
 Horace Ellison and Joe Denton. tw of the nrisoner witnesses who wer used formerly by the state. were nc examined in the afternoon by tn state this time. Jnst before the moo adjournment Prosecutor Wood caIIe for the sheriff to bring Horace Eil