The Springdale news., 1913-05-16

he is innocent The state will show there was malice aforethought, that there was deliberations | will show there was intention to take life, that defendant made inquiry after tue killing if the s ot hit deceased i'll the eye or above the eye II will show that he said Ne1le Money hun would never marry Sam Clay pool. Instead of going to his own home or that Of some neighbor aft CT the killing, he sought n the darkness Of night to hide himself from the brand of Cain. When ar rested he ackn0W ledged that he mad killed Nelle Moneyhun. and has neF- er since shown any grief OF re- morse for his act If it is sought 10 show the killing was all aeei- dent the state will introduce wit Hes9es to prove that he went there prepared and determined to kill her. II an attempt is made to show he Was insane the state will introduce those who have be II associated with him sinee his boyhood 70 show hat there is not suspicion of insanity about him The state must prove that the defendant killed this girl, and that there was malice afore- thought
 In an address of thirty minutes 10 the jury Attorney John MaXes outlined the defense He said the constitution guarantees legal rep- fese ntation to every one charged with crime. that he was not in the ease for money but because the court had appointed him 10 aid in his defense The boys father has abandoned him to death, hell and the grave He owns a61 acres of land but will not spend cent for legal services Said the boys lone lness appe aled 70 him, and he was there to see that he got fair and impartial trial@The evidence will show that the boy s mother was crazy, and will show that her moth CT was also crazy; II will show the parents are first cousins and had to leave the state to be married, and it will be shown by medical les timony that offsprings of such mar riages are mental weddings. The testimony will show defendant is Of moody disposition. that he does not engage in sports as other boys. He once become infatuated with young lady at Goshen. and when she threw him over and married another he became moody, and all his friends noticed the change Be fore you convict him Of murder in the first degree, il must be proven that there was malice aforethou2ht, deliberation and premeditation.
 The Testimony.
 The examination of states wit nesses for the state was conducted by Mr. Fuller and for tAe defease by MT Waves.
 J C. MoneyHua, father of tHe murdered girl, Vas the first witness called Said he had known the de fendant for number 8f years. =hHt did not know of him keeping com pany with his daughter On the night of the killing there vas no one at home but himself and wife and daughter, ard his story Of tAe affair was substantially d. follows. T was at the well to the rear ef the house when some one hallooed, and l stepped around tHe house. and some one at the gate said they wanted to see Miss Nelle. My wife went to the door and recognized Omer Davis, and told him 10 come in. l was making arrangements 10 go sit up with ny mother who ~as sick, but my wife told me she did not want me to go off and leave them. Omer Davis cone to the front door, and stood and talked to Nelle and my wife went and told him he would have to come in the house He came in, with a pipe in his mouth and his hat pulled down over his eyes. He said warrant was out for his arrest but that he didn't want to hurt any one and was going away. He talked of a prayer meeting Nelle had conducted at Jay Bird, and said ii il was re- organized he would lead it, He kept talking of going to California, and said fellow who had promised to go with him had backed out al Sonora He remained about an hour and l told him if he was go- ing to California that night | was time he was going if he caught the train. Finally he said he must go, and shook hancs with my wife and told her goodbye Nelle offered to shake hands with aim, but he reach cd TOSS her hand and shook hands with ne. and told Nelle he want- ed to speak to her as he would never see her again felt uneasy,
 
 the door leading out to the hall. with one arm thrown around the door, while Omer Davis stood out side in the hall After standing there for a short time there Were two shots in rapid succession. and l rushed to the door tn time to catch Nelle in my arms, with blood streaming from her forehead Lay ing her down l went out into the hall and found Omer Davis lying on the floor, face downward He raised his arm and pointed Che pist- ol at my breast, and as l grabbed il he pulled the trigger. the ham mer striking me between the thumb and fore finger and preventing the cartridge from exploding.
 The revolver, 3S-calibre. double action, was exhibited in court and witness identified it as one taken from Davis There were two empty shells and four loaded ones in the revolver. The hat worn by Davis on the night of the shooting was