The Topeka state journal., 1911-09-07
HE SAW THE DEED.
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car when the man came back.
"Just when the man came back
heard the woman scream once. Then
the man. who was standing in the
road, swung what he had in his hand
and hit the woman on the right side
of the face. She fell from the machine
to the road and she did not make g
sound.
Hit Her With the Gun.
For a minute the man stood look
ing at her and then I heard him say,
Damn you you're not dead yet III
which was what he had hit the wom-
an with, and he shot her where she lay
in the road by the front seat of the
automobile I did not see where he
shot her. I saw him throw the gun
somewhere and he began to lift his
wife's body in the front seat of the
automobile and I came out from the
.SThe man turned around and saw
me and he said to me, Did you see
this?'
I told him yes. had seen it. On
you, what the HI are you going TO do
about it?' he said. 1 did not say any
thing. Then he began to threaten me-
He said he was rich and had lots of
friends in Richmond and if I told on
him he would have me killed some
how. He said nobody would believe
my story If I appeared in court against
him anyway, and I had better get out.
He said he would give me some money
and a suit of clothes if I would go
away.
Il told the man 1 would go away.
Then he told me to come to Beattie's
store the next day and there would
be some money for me.
81 went and he got some money and
bought a suit of clothes. I stayed in
South Richmond for two days then,
but I was so scared and got so nervous
after that two days I took the train to
this place"
Charge to the Jury.
Court convened at 1890 o'clock. Judge
Watson declared that counsel in the
argument today might refer to portions
of testimony mot fit for ladies to hear
and requested all women in the court
room to leave.
Judge Watson then read the instruc-
tions to the jury. In part he said:
Upon the trial of the criminal case
by jury the law cOntempiates the con-
currence of u minds in the conclusion
of guilt before a conviction can be had.
Each individual juror must be salts
fed beyond a reasonable doubt of the
defendants guilt before he can, under
his oath, consent to verdict of guilty.
Each juror should feel the responsible
1ty resting on him a member of the
jury and should realize that his own
mind must be convinced beyond a rea-
sonable doubt of the defendants guilt
guilty. Therefore If any Individual
member of the jury after having duly
considered all the evidence and after
consultation with his fellow jurors,
should entertain such reasonable doubt
of defendants guilt as is set forth in
the other instructions in this case, it
is his duty not to surrender his own
convictions simply because the balance
of the jury entertain different convic-
ton
The prisoner listened intently to the
reading of the instructions and smiled
when they had been concluded
Argument Begins.
J. NJ Gregory began the argument
for the prosecution at 1855 o'clock
THE record in this case shows" he
said, ION a dark night July is, the
soil of this county was stained by some
high assassin with the blood of an in
nocent woman. I believe 1 can show
that no other man committed the crime,
but the husband of that woman with
the very gun you, gentlemen OF the
jury, have examined here.
He was the only man seen or the
spot that night and he was armed with
the same gun he has here identified
Attorney Gregory after referring to
the crime as '.hellish,'' reviewed the
evidence Of. the boys who came from a
dance at Bon Air the night of the
murder. arguing that it was the pris-
oner they saw and none other crouch
ing in front of the machine, and a wO-
man on the running board
Mr. Gregory scathingly attacked the
testimony of Charles H. Kestleberg,
who said it was he the boys saw on
their way from the dance at Bon Air.
@'He is a man." declared Gregory, who, !
on a drunken spree, tries to tell US
the hour he was on the Midlothian
turnpike when he was on several roads
that night with a woman dressed in
white And the boys, honest young
men, tell us it was a different make /
of car they saw and a woman dressed
differently standing on the running
board and the machine a mile nearer
the crime. They tell US. too, the exact |
hour. which corresponds almost exact |
" to the hour of the crime. I don't |
believe there is man on this jury who |
believes thing Kestleberg said Mr.. |
Gregory's speech tingled with religious