The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-06
DEFENSE BEGINS
Witnesses for Moody in Muir
der Trial Take Stand.
Their Testimony Undertakes
to Show Self Defense.

| Morgan Howard thought Mrs. Moody
| had told the POLICE he was selling liquor
| For more than a month before he
| killed Howard the latter insulted Mrs.
| Moody persistently.
| Howard was weakly and had a repu-
tation for fighting with any means he
| had at hand.
Moody had heard that Howard in
] tended to get him. and was on the
| lookout for him.
Moody did not shoot until he was at
| tackled by Howard. and he believed
Howard was armed
Such was the defense, outlined just
before noon today in the Henry Moody
murder case, by Judge w. E. Atch1Son,
counsel for Moody.
Atchison said following a raid by the
police last summer on Howard's place
on a warrant charging violations or the
prohibitory law Howard became imbued
with the idea that Mrs. Moody had
been the informant. He thereafter,
Judge Atchison said, began to insult
Mrs. Moody, making insulting gestures
toward her and whistling the tune o.
a vulgar song every time he saw her.
Finally, he said, the Saturday night
before the killing Mrs. Moody told her
husband and asked him to have How
ard arrested. Instead Moody met
Howard on Monday and engaged in a
fist fight with him, in which Howard
was bested. He said Moody did not
shoot Howard on the following Wednes-
day. the day of the killing, until he had
been assaulted, and believed his own
safety required 1t.
Evidence for the defense is occupying
the attention of the court this AFTER
noon, and will be continued tonlsht;
Judge A. w. Dana having announced
that he will begin tonight to mold nisht
sessions of his court. He is anxious
TO finish the present case by InuIs-
day night, allowing two days TO Ilhish
up other work of the term.
Fred Lynch's Testimony.
Morgan Howard was standlns VIZ
nine" declared Fred Lynch. an eye
witness to the shooting of Howard by 1
Henry Moody, on the witness seaao
this morning.
The defense has contenoeo lnH,
Howard was armed I with slug.
ana that he attempted to strike Moody
with it as Moody tried to pass IN the
alley where the killing occurred.
The witness this morning, who was
under cross-examination practically
all morning, declared he was IN a wiz
dow of his home nearby Wnere ne
could see everything that happeneo'
and that he was sure Howards hanos
were open, preciuding the possfolilty
of his having been armed
IT went upstairs n to cnange my
clothes he said, 'and saw MoooS
coming down the alley.
did you stop to watch them?" was
asked.
Eyes, I watched them"
.sYou were looking for trouble
weren't you?'' asked iSchenck. ST
'sWeIl, + didn't know. thought
there might be-" -
Lynch described in detail the &C
tions of both men at the time of the
Shooting He said Howard was stand
ing in the alley, and just as Moody
came opposite to him he struck at
Moody with his hand He was sure,
however, Howard had nothing in his
hand. Moody lodged the blow, he said,
and then Strengthened up and fired.
Answering questions on cross-exami-
nation the witness said he has watch
ed the men closely. He said he did
not know where Howard attempted
to hit Moody. but admitted it might
have been the back of his head that
was aimed at
The state finished it's case this
after which the defense will
get its inning. Character witnesses
for Moody and against Howard, make
I'D the bulk of these witnesses. Moody
himself however. is expected to testi-
ry in his own behalf and tell his own
story of the killing before the case
ends.