The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1912-05-10
THE DEFENDANT WEEPs
As WITNESS TEsTIF|Es
Manley Affected by Appearance of
n Widow of His Victim on the
Witness Stand.

man whose body was pierced with
a bayonet by Manley at Dallas late
in the afternoon of October %,
1909, and who died in q sanitarium
between one and two o'clock the
following morning. Mrs. Richcn-
stein was placed on the stand by the
state. She was dressed in deep
mourning and while testifying it
was with difficulty that she con-
trolled her feelings so that she
could be distinctly heard by the ju-
rors. 1t was a touching scene and
the defendant appeared to be visibly
affected by Mrs. Richenstein's ap-
pearanee on the witness stand. par
| ticularly when she described the
death bed scene in the little room at
the sanitarium. Manley wiped the
tears from his eyes with handker-
chief a number of times while the
witness was telling her story.
| Shortly before Mrs. Richenstein
was called to the stand the state
sought to introduce from the rec
ords of the former trial at Dallas
the dying declaration of the deceas-
| ed The defense objected. The jury
was sent out of the room until the
admissibility of this testimony had
| been argued by the attorneys. The
court said he could see no reason
| for excluding the declaration of
Richenstein If certain words were
| eliminated. Counsel for defense
Fl ~, Il +. Il l.
introduction of any part of the dee
| laration. The objection was over
ruled to which the defense except
| ed
| The jury was brought back and
the dying statement of Richenstein
was read by Jed Adams for the
state. The words that could be re-
garded as hostile or a provocation"
| had been previously eliminated By
the court. The elimination of these
words from the statement con-
formed to the opinion of the court of
terminal appeals in reversing the
case when it went up from Dallas
county. The court of criminal ap-
ipeals held that these words We're
only an opinion or conclusion of the
1
ldying man.
| When Mrs. Richenstein was call
ed to the stand she testified that hel
Husband did not own a revolve
and that he did not take one witt
him when he left home that morn
. ling.
The introduction of testimon
was concluded at APO Thursda
Iafternoon. Court then took a reces
until 1880 to give the attorneys TIM
| I to arrange for the argument anc
| | to agree upon the time they desir-
ed for presenting the case to the
jury.
The opening argument was deliv-
cred by County Attorney Pippen OF
Waxahachie. Mr.. Pippen spoke one
hour and after reviewing some Of
the more important facts elected
from witnesses he appealed to the
jury to return verdict in the
first degree and the assessment Of
the death penalty. He asked the jul
ry to show to the defendant the
same mercy he displayed toward
Louis Richenstein when he pierced
his body through with a bayonet.
| Mr.. Pippen was followed by AL
bert Walker of Dallas for the de-
Tense. Mr.. Walker contended that
there was no evidence to warrant a
verdict of murder in the first de-
gree. He said there were number
of issues in the case, namely, ac-
cidental homicide, negligent homi-
eide. and selfdefense, and that none
of these issues warranted anything
more than manslaughter. He closed
an hours argument by pleading for
verdict of acquittal.
Will P. Hancock delivered the
| first argument Friday morning for
the defense. He was followed by Jed
| c. Adams for the state. The closing
argument was made for the defense
by Judge J. c. Muse, and Mike
Lively will close for the state this
afternoon.
The case will probably go to the
jury late this afternoon or tonight.
In his argument for the state Jed
c. Adams disputed the contention
of the defense that there was any,
thing more in this case than man
slaughter He declared that the de-
| PENDANT was guilty of murder In
the first degree or he was guilty
of nothing. He said If the jury ac-
quilted him he should be accorded
the honors of a hero and presented
with a Carnegie medal. If he was
guilty he should walk to the gallows
tree He declared If the defendant
had been a soldier under Lee, Jack
son or Grant, or a soldier under
the ex-president of this republic in
the Spanish war and had
killed another soldier or a private
citizen as Manley killed Richen-
stein he would have been court
martialed and shot. He said If the
jury returned a verdict OF murder
in the second degree and gave the
defendant five, twenty-five or even