The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-09-25
PROGRESS Of
SNEED HEARING
DEFENDANTS ATTORNEYS lNDl-
CATE COURSE THAT BOYCE
KILLING WAS JUSTlFlAeLE.

fense in habeas corpus proceedings
instituted by J. Beal Sneed had its
first opportunity this afternoon OF
outlining to the court the reasons for
seeking the liberty on bond OF the
slayer of Al G. Boyce Jr., which trag-
edy took place shortly after p. m. in
front of the Polk Street Methodist
church in this city on September IA.
AS stated to the court by defend
ants attorneys and by implication
in questions to Witnesses, the conten-
ton is being and win continue to be
made that the omic.de was justifi-
able under the unwritten law, and
not guilty of murder in the first de-
gree, but of murder in the second de-
gree, or of manslaughter.
On leading up to this line of de
fense the attorneys for the state and
for the defense had their first real
clash and for nearly an hour there
was much reading OF previous deci-
sions OF citing the law of argumest
to the court.
During these arguments the defense
announced that they intended to show
that Al G.. Boyce, the deceased, did
enter the home of ]. Beal Sneed at
1923 Reiger avenue, Dallas, Texas.
during the defendants absence, and
did on various occasions during the
residence of the Sneeds in Dallas
hold communication with Mrs. Sneed,
wife of the defendant, and did break
up their home after reconciliation
had been effected concerning previous
differences and that the homicide
took place on the first meeting of the
defendant and the deceased after he,
the defendant. had become acquainted
with the deceased's relations with
Mrs. Sneed. Testimony was also in
troduced tending to establish the pre-
vious existence of plot to bring
about the death Of ]. BealSnead.
kilograms Will be Called For.
The first intimation that lines
We're being drawn to a stiff tension
and that the state was prepared to
contest every point in the attempt to
lberate the defendant on bond came
just before the state rested its case,
when upon cross examination Of II.
w. Cantrill, local manager of the
Western Union Telegraph Company,
he was asked to make ready all the
kilograms sent and received by AL G.
Boyce Jr from Aug, 13 to Sept. IA, in
elusive, on the grounds that they
would be asked for in regular form
later Senator Odell for the prose-
cution entered strenuous objections
and the matter was not pressed fur
ther at that time but it was intimated
that it would again be brought UP in
due course of time.
Contention Of the STATE.
The state continued its testimony
Immediately upon the call of order
The bulk Of the testimony presented
merely corroborated the evidence CIV
en- the previous day. Thus far the
state has made an effort to establish
the fact that the killing Of AL G. Boyce
Jr. was deliberately planned, was pre-
meditated and conceived by the de-
fendant. who lay in wait for his vic
tim a number of days; that he was
assisted in his plans by another per-
son. now identified as Beach Is. Ep-
ting, who is under the care and in
the custody of the sheriff
The state has made an effort with
every witness to bring out the tact
that the defendant, after the shoot
ing, was deliberate in his actions,
walked his usual gait and was uneX-
cited and in arguments to the court
has contended that the time elapslng
between the alleged information cen
cerning the deceased's relations with
the wife of the defendant, and the
date OF the homicide was Of sufficient
duration to eliminate any contention
that the defendant was in a passion
and in such a frame of mind that he
could not act with care and fore
thought.
Twenty-Five Witnesses Examined.
Twelve witnesses were examined
by the state yesterday and ten to-
day, making twenty-five in all. Mrs.
CONTINUED ON PAGE EIGHT