The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1913-10-09
Murder Trial is
Moving on Rapidly
State Rests With Examination of Four
Witnesses Mother and Sister of
Young Ballard Take Stand
Defendant Tells Story

AT 3 o'clock this afternoon the TAX
ing OF testimony in the case of Jim
Ballard. charged with the murder OF
his brother-in-law, Arthur J. Good
night, was practically completed and
It was expected that arguments would
be finished BY o'clock, sending the
case to the jury tonight.
Jury Empaneled.
The Jury in the Ballard murder case
was empaneled shortly after o'clock
Wednesday afternoon and the trial be-
gan Immediately when Oscar Simpson
for the state addressed the jury ana
outlined what the state would attempt
TO show BY the Introduction OF eyi-
dence regarding the facts that lead uD
90 the killing and the tragedy itself.
Following Mr. Simpson, Reford Bond
presented the case to the jury for the
defense and made an outline OF what
facts the defense would attempt TO
show.
The first witness was called at
o'clock, from which time tin $3.50 four
Witnesses were examined and al which
time the state rested its case. The
defense then asked that court take
a recess until 3 o'clock Thursday
morning. which request was granted.
The point most strongly combatied
by the counsel on both sides was tho
distance the defendant was from the
deceased and the distance the deccas
ed was from the fence when the fatal
shot was fired Self-defense is the
plea OF the defendant and his counsel
will attempt to show that il was neces-
sary for the defendant 70 fire the shot
that. killed Goodnight, in order to save
his own life.
First Witness Called.
Cecil Gatewood. a farmers boy liy-
ing ia the Dutton neighborhood was
the first witness called by the state,
and he told what was purported 10 be
the facts as ne saw them OF the actual
killing OF Arthur J. Goodnight by his
Lrother-inlaw. James Ballard
Gatewood stated that he lived about
seven miles northeast Of Pocasset
was is years Of age and know the de
fendant James Ballard. lie knew
Goodnight by sight, but was not init
mately Acquainted with him. Good
night lived then a mile and quarter
west of the Ballard residence
He was at the Ballard home on July
& and had gone there to return a sad
ole which he had previously borrowed
lie saw the trouble which occurred
there on that day and was some IS
yards from the scene of the tragedy.
When asked whether he saw Ballard
shoot Goodnight. he said he did he
said he saw the last shot and when
further questioned as TO what Good
night did then, he said Goodnight
died" He then estimated that the dis
tance between Ballard and Goodnight
at the time the last shot was fired was
some five or six steps.
Cross Examination.
On cross examination, the witness
in response to request by Mr. Bond,
made diagram of the house and sur.
roundings. including the fence. the
spot where Goodnight fell. relative 70
the position of the fence. house and
corner Of the fence.
Flow long time elapsed between
the first and second shots?" asked Mr..
Bond.
about a half minute to a minute z
Did you see Ballard backing away
before the second shot was fired?"
"Yes. he backed about IL steps be
fore he fired the second shot"
Witness did not see Ballard when
he fired the first shot or did not see
Goodnight when he got out of the
buggy. The ground was quite sloping
from the house to the fence. When he
saw Ballard fire the second shot, he
went home. passing Is or 20 yards
from the point where Goodnight had
fallen. He saw Goodnight as he was
coming down the road before he stop
ped in front of the Ballard home. Hi
saw the buggy after the second shot