The Washburn leader., 1913-06-27

Aeuce tlat l6 really necessary. In
such a case, it would not be
right for the defendant to en-
large to any great extent on the
testimony, because it might be cal
ed arguing the case in advance OF
it's close. So, as l say, there are
different kinds of cases called for
different kinds Of cases, calling
for different ways in respect to
the manner Of opening the case
to the jury.
''Now, in this case, our testi-
mony will be very brief. There
will be but few witnesses; some
witnesses to explain to you what
the sound was that was heard by
them on the occasion Of the shoot
ing Of Mr.. Funk; some witnesses
to explain to you and show to
you that they heard that sound
that has been defined as an ex-
plosion by some of the wintsses
before you and that to their
ears it was the sharp, quick crack
of rifle.
''Now, it would be foolish for
me- to take up your time, because
l know you gentlemen want to
get out of this and out of the
charge Of the bailiffs, and it woul
be foolish for me to go over the II
number of witnesses, or who they
are, and just what they will swea
to. But we will show by some
witnesses that we will put on be-
fore you that that rifle shot was
heard in different parts Of the
city of Washburn on that night,
by men, not girls, not schoolgirls,
by men who know rifle shots and
who recognized that sound as
the sharp, quick crack Of a rifle.
It is unnecessary for us to put
ON any witnesses with respect to
what that indicates, because the.
state has already shown to you
that when rifle is fired out in
the open air it has a sharp, quick
crack, so that you can see that
this is one Of those cases which it
is unnecessary for me to go into
either in the opening or in the
case, because the state has proved.
lit
"Now, there may, of course, be.
some question in your minds, but
you, Gentlemen Of the Jury, are
not confined, in matters of or
dinary knowledge to what some
men may say before you, because
you exercise your senses as jury
men just the same as you do as
private citizens.
"We will put on some.witnesset
to show you, with respect to loca-
tions, where this shot might have
come from. We will show you that
that day was a very quiet, placid
day. There was no wind, no
breeze. The building that has
been described as the Anderson
house was closed, the.ouly openint
being little opening of three or
four or five inches in this window
that has been described as the
window in the den. That room
that is described as the den is
about ten and half by thirteen
feet in dimensions. We will show
you that 80 Special rifle discha
ed in that room would leave q
pungent odor of burning powder
that would have remained ther for
a considerable length of time, and
that there was absolutely no smel
| of any burned powder in that
room at the time the people went
in there to make their search Or
finvestigs ton on that evening, u
less than half IN hour after this
shooting occurred. And we believe
that we will be able to show 70
your satisfaction that If rifle
Of that character had been fired
in that room that the smell OF tho
burned powder would have renal
ed there until long after Mr.. Pet
son and others went into that
room in their search Of that build
ing. We will also show yousHha
some Of the other circumstances
that have been depended upon by
the statesin this case are wholly
without Foundation. / won e taks
the time to 60 over each Of
these circumstances now, but will
content myself, as the state did ,
and which I think is proper a .
case Of this kind, by simply say-
| ing that We will take these mat
tiers up in the. same order that!
the state did, and when We hAye
finished, If we have shown that
the state has not been able To-
prove to your satiafaction That
tka .hnt was fired Nv fVVn33reit,