Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-11-23
regrets LAW IS
TARR|NC' LAME
PROSECUTOR BRANDS SCHOOL
TIlACUri"@ RGN,TiNr AS
BARElliIC AND BRUTAL.
REPUTATION NOT IN ORDER
Instructions by Judge Seem 10 Favor
Defendants-lf They Helped IN
Scheme, They Are Guilty.

LINCOLN CENTER, Kan, Nov. ~.
With only two more closing argu-
ments to be delivered, 1t seemed prob
able tonight that the tar party case
would go to the jury tomorrow.
The testimony was completed short
ly after noon today. A recess OF
two hours was then taken while tho
Judge prepared his Instructions. Prose-
cutor MoCandless completed his ad-
dress before adjournment. At night
session, David Richie and z. c. MILL
ken spoke for the defense.
j. j. McCurdy and A. N. Hawkes.,
representing the defense and the state,
respectively, will speak tomorrow.
Favorable to Defendants.
Attorneys for the defense regard
the judges Instructions as highly fav-
orable to their clients. Prosecutor
McCandless said he was satisfied with
them, however. The instructions
were that the defendants might be
found guilty Of aiding and abetting
in the crime even though they were
not present.
But the mere fact that the defend
ants had talked with witnesses of Miss
Chamberlain regarding the contem'
plated attack was not in itself suf-
flcient ground to base a conviction.
The court room, which was half
filled this morning, was again crowd
ed when Prosecutor McCandless be-
gan to speak.
Many persons brought their din
ners with them in baskets and re-
manned in their seats during the re-
cess prior to the night session.
Miss Chamberlain Near jury.
Miss Chamberlain occupied a seat
near the jury box where she had
full view of all the Jurors. Her
mother was with her. The three de-
PENDANTS, A. n. Simms Sheriff. CLARK
and John Schmidt also switched their
chairs about so they faced the jury
Simms' wife sat by his side. The
other two men were unaccompanied.
one person who heard part of what
the speakers said was Edward RI
cord, the barber who decoyed Miss
Chamberlain to the tarrers.
He is confined in the one-story
iail under the north caves of the
court house.
Ricord Would Like to Hear.
When County Attorney Mccanless
began speaking, Ricord. who roams
the interior Of the jail because he Is
the only occupant, threw a shovel
full of coal In the stove and went over
to the front door to listen. AS the
speakers voice became louder, RI
cord said:
'Tll bet he's giving 1t to us. I'm
sorry can't hear those speeches bet
ter"
Branding the tarring Of Miss Cham
berain, the Shady Bend school teach
er. as barbaric, cowardly and brutal;
a thing almost unbelievable In civil
lized community, Prosecutor McCan-
less this afternoon demanded that the
severest penalty be meted out to her
assailants.
81 regret our laws are so lame; our
legislation SO lax. that an offense Of
this nature has been perpetrated In
our midst. we must be content to send
the offenders to Jail or heap on theri
an Insignificant fine.
Reputation Not an Issue.
Miss Chamberlain's reputation 10
not an issue in this case he said. III
she did that which Is improper, let
her be brought before the same trlbu-
nal that is trying these defendants.
This girl calls for the protection OF
our laws and our state. 1t is your
duty to give II to her"
Good Instructions For Dcfense.
Judge Grover set forth in his In
structlons that 1t was not contended
by the state that the defendants took
an active part in the "tarIing," but
that It was charged that they aided
end abetted in the planning Of the
crime. The law set forth that a man
accused of such a crime need not
necessarily be present at the scene
of the crime in order to be proved
guilty.
Inc cdib 'hN
the men were on their way to the
scene was not enough evidence to
prove them guilty, but that 1t might
be taken into consideration In max
ing up the verdict.
Neither would the fact that the
men discussed the crime with certain
persons be sufficient to show that
they were guilty, but that 1t, too,
might be considered.
On the other hand. says the court.
II II was proved that the crime was
a direct result of advice given by the
defendants. then thef should be
found guilty.
At the opening Of court this fore
noon, A. N. Simms. one of the de-
PENDANTS. was on the stand. simms