The Springdale news., 1913-05-16

aldSOn was the IlFSt "ItAeSS tdil- ed. Mir Donaldson stated that for twenty-five years he had liyzd near the Davis; had known Aunt Mary Davis all her life, and at times she would get so she wouldn't eat any thing Told of Enoeh Harrington killing his mother. Peggy Harring- ton, and then shooting himself, sometime ago in Ok lahoma. Peggy Harrington. being a sister Of Mrs Davis mother Told of an incident that occurred at meeting that was held at Pin Hook. years a~e. con- ducted by Dr. Slaughter. when, dur ing the services Aunt May Dax grabbed a bucket of wafer. and threw it out. saying You al t giye me Gods word a stryehniHe.
 George Davis testified that he was a half brother O. Mrs DaTis, her mother being his step-mother Said his step-mo her Has subject to hysterical spells.
 This closed tae t"stl moHy for the defense.
 In rebHttal the state first intro- dueed John Homeslet, who tezti- flied that he ad knowH Gmer bay- i is all his life That ie eHdant boarded at his k0u~e WHfe last l fall while working oa te bfi ge and he knew Hoshing abeaEAis md being affected. bEt simply consider ed him a green boy.
 Jack GIoer testified tfat he was with 0mer Davis a tie seheo house near Mountain n-Hemes oa He afternoon oI SUrdaE, Feh4usaE= ze- tond, and talked With Days and te l said he was zohg 10 atTGFEIa Iseemed to be aiaieht and talked a usual He stated that Davis had two bottles Rith whiskey in them. said Davis spent Saturday n shs with him af his home ard told him l he had not eaten anything for two days Said Davis spoke of Nefle 1 Moneyhun in an affeet!onate way Sunday afternoon and about how easy it would be to get along with l her
 l.. s. Weich testified tha te had known Omer Davis for three years; l that lie taught school near Head Ford in 19I0, and Davis attended ithe school for three weeks Sad that he found him up with others ] in mentality, and while of morose disposition. thought he knew right from wrong
 Norman 3oanzon test fed hat l he worked on tha bridge ~ith DaF- i is and that he was careful Ike the rest of the hands
 Dr ] NJ Sparkman was called by the defense. and testified that flor twenty-five years lie had been 1 a prarticine physician This quest lion was put to him bx Attorney Mayes: If it is shown that aefen&- iant's grandmother and mother We're mot right mentally. and that the l moth had marr.ed first cousin, would not killing of the girl by de 8fenAant wifEout pro- otatioH ind. icate Insanity Wines repii | that such condition Roaid fnrnish grounds for belief Of insanity, ba- 1t would not necessarily exist.
 Courts Instructions to Jury.
 The taking of testimony was con- cluded al ? o'clock and Jud z Map 1 les read his instructions to tke jury, as follows.
 Murder is the unlawful killing of human being in the peace O the state with malice aforethought, eith- CT exprfs or implied
 The manner Of the killing is not material, further than t may show the disposition u mind or the intent with which the act was com mitted
 There are two kinds Of malice express malice and implied malice
 Express malice is that deliberate intention of mind unla&fnlly to take away the life of human be ing which k manifest by external circumstances. eaEable of Hreoi
 Malice shall be implied when 10 s4ap Si 4 era urDEn gf#n 41Ds1a r@ and when all Of the circumstances of the killing maniIesf an abandon el and wicked disposition
 All murder which shall he perre- trated by means of poison or by ly- ing in wait, or by any other kind Of wilful, deliberate. malicious, premeditated killing. or which shall be committed in the perpetration of or in the attempt 10 perretrate a. son, rape. robbery, burglary or lar eeny, shall be deemed murder in the first degree.
 All other murder shall be deemed murder in the second degree
 I charge you thai while mali e aforethought, premedtaii i0n and de liberation must exist in murder in
 the first degree, tn se clements are not required 10 exist for any con siderable or specified length of time just so they exist in the mind of
 the slayer at and upon the firing Of
 the fatal shot
 The defendant, Omer Davis, Is charged in the indictment with the crime of murder in the first degree. To this charge the defendant has in- terposed his plea of not guilty, and this forms the issue that you are to determine If you find from the evidence beyond a reasonable doubt that the defendant in Washington County, Ark, on or about the sec ond day of February. 1913, unlaw- fully. wilfully, and with malice afore thought and after deliberation and premeditation did kill and murder Nelle Moneyhun by shooting her on the body with a pistol loaded with gun powder and leaden balls and then and there had and held in the hands of him. the said 0ner Davis, from the effect of which wound the said Nelle Moneyhun did then and there die in said Washing