The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1914-10-01
vened this morning, an agreement was

vened this morning, an agreement was
reached.
Early in the balloting last night, il
Is reported, the jury stood about even
~ divided for acquittal and conviction
Gradually, the forces for acquittal in
creased until one lone juror hung on
for conviction. For hours the others
argued with him, but his mind was
apparently as firmly made up as il
well could be. Seeing that an agree
ment was impossible for the time be
ing, the jurors at last agreed to retire
for a few hours much needed sleep.
An hours session this morning brought
a unanimous ballot for acquittal.
Crowd Waits for Verdict.
The speeches of the attorneys clos
ed last night at II o'clock and the case
was given to the jury Apparently
many expected speedy verdict, for o
scattering crowd of 80 or more waited
around the premises until after mid
night for results. AS the. minutes
dragged into hours without a hint as
to how the balloting was progressing,
the watchers withdrew and sought
their abodes.
This morning as the usual crowd be-
gan to gather, there was not a great
deal Of comment as to what the YER
dict would be, but wherever an ex-
preston was made it either predicted
acquittal or hung jury
Argue Six Hours.
Judge +. M. Bailey finished reading
his instructions to the jury yesterday
afternoon at 4 O'Clock, and the argu-
ments of the attorneys started at once,
continuing for six hours with a recess
for supper.
John II. Venable, assisting Oscar
Simpson in the prosecution, opened the
argument for the state He was fol-
lowed by Reford Bond of the firm OF
Bond & Melton, for the defense. Mr.
Bond closed about o'clock and the
court recessed for an hour for supper
At o'clock court re-convened and
G. c. Wamsley, county attorney, nom
inee in Caddo county, who had been
retained to assist in the prosecution,
continued the argument for the state,
speaking about As minutes.
Alger Melton, for the defendant,
spoke next, reviewing every scrap OF
evidence, explaining and discussing
the instructions of the court and tax
ing an occasional exception to state
ments made in the states argument
Oscar Simpson closed the argument, I
showing where the evidence pointed to
the guilt sf-sis defendant End winding
py with a strong plea fer conviction
He closed a few minutes before IL
o'clock.
Instructions Of Court.
The Instructions of the court were
made yesterday afternoon and covered
the usual grounds in case Of that ma
ture The instructions clearly defined,
homicide, told when 1t was justifiable
in the eyes of the law, when it con-
stituted murder and when manslaugh-
ter. The instructions covered the law
OF self defense, stating how far and
TO what extent force might be used in
its exrcise.
Closing Testimony.
Ed Cornett, brother of the defend
ant, was one of the closing witnesses.
His testimony of events on the day OF
the tragedy we're practically the same
as that of the defendant. He stated
in part that Downey had told him on
that day that he was going to kill
Henry before night, and that he had
warned Henry He told of several
times during the day when Downey
had approached Henry and how on
each occasion Henry had walked away
to prevent trouble.
He stated that he was in Ellis store
late in the evening. Downey came in
and later Henry came, asking him II
he was ready to go home. He said
Henry went to the door. Downey fol-
lowed and that he went out, the last
of the three. This was Immediately
before the shooting. His story of the
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NlIpCEC IN TIE EjEln