Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-16
REQUIRE ONE MORE
DAY IN BABER Case
Ii. b. MARTIN AND PAT NAL.
10y WILL SPEAK TO
JURY TODAY.
ARGUMENTS STARTED
Moss ana Grassland Conclude
Unprecedented InStruc-
tions Given.


To-day inst thrce u.,l. rr.,, t,a
NJ. ~, =, ''''
- ''' WIS S''' ''"' ''' w J'
haher murder case viii go TO the
Jury, providing no f4rth,r. I,.In,.s mo-
cur
Deputy county Attorney ed Cross
land and Attorney Flint Moss made
their closing arguments I'm th, ,,se
,.....,
N"S d. ""'"" Oh '""hS'l
Tor the defense, and County Attorney
rat Malloy Will speak today and
the jury probably Will retire somo
time this afternoon TO deliberate over
,.r1iot A,,,,,. 49,. 0, 49,.
''''" NY ""'uh pI"o"olN
VIII 'hlh al forenoon ana Irusccu-
tor Malloy most of the afternoon.
Snlcn,,, Arg,,,,.,,,,
p.., ~
''''' WI M"''oy ana Mt. MOSS
yesterday made what we're conceded
by their close frIpnds q, n, tba ,ll,.t
mr, snoa,ho, ~, ~,
va '''''' ''SP''''' ga
reeTh crowd that fillo1 the large
courtroom to suffocation heard the
rsunehts.
scores or women, most OF them
l"sHiohhDiy attired, were among those
IHSlue the railing while dozens Of
~ ne curious SAT on the floor around
me pehch ana jury box. Women
ana men ready 10 resort TO any
means 10 secure an advantageous lo-
'aloh' crowded the neNspapcrmeu
away from tho reporters table, and
some OF the writer's were forced to
leave the courtroom during the argu-
lheht or tllnt Moss, thus making II
nngb ncno,,,,t e 'o p pi''7 " 'ilo'
~,
i"i' ""S N"d.
Judge vi. a. breckenridge read his
lnstrucuons to the jury Yesterday af-
1I NOM ne occupied over an hour 3
uIhe IN thls task, lie covered the
SUBJECTS or murder, manslaughter in
me rirst degree, salf-defcnse, expert
tesumony and documentary evidence
IN detail. He instructed the Jurors
that deputy L. 5. marshals do not
nave the authority TO search private
homes unless they know positively
,nat lquor IL stored therein for IL
lesal purposes. He held that the
Se"rcn warrant which Holmes David
| son Ed RANK and Ike Wilkinson
citcd as their authority TO search the
haber nome was illegal, and that tho
appointment OF Davidson as a special
! constable to execute the warrant was
violation Of the state. laws He also
pointed out In the Instructions that
Wheh the three officers stepped upon
the premises OF the defendant for the
purpose or searching house for liQ-
uor, and attempted to carry out their
purpose over the protests OF the de-
tod
Felony
Must I1y Sentence
The Jury was instructed tn fiv the
sentence OF the defendant, in the
event they reached a unanimous YER
dict OF guilty. II he Is found guilty
OF murder he can be given either
death or imprisonment for life, and
If he Is adJudged guilty OF man
slaughter in the first degree, the Jury
must fix his punishment at imprison-
ment In the state penitentlary for "a
period Of not less than four years
Deputy Prosecutor Ed Grassland,
who on January ! succeeds Pat Nal
10y as county attorney began his
argument at 3 O'Clock and concluded
at 4:4O o'clock p. m. He made a
thorough, logical ani convincing an
alysis Of the evidence as seen by the
states side Of the case
At the outset he admitted that the
search warrant in issue was null
lity, but declared that the officers
We're not aware Of this fact. and went
to the Ba bor home in good faith. for
the sole purpose Of searching for lq-
uor.
II they Hau MURDER In ther
s.a,.ot ,,,a,',.,.,, ~ 90. .p,lie
,,,b,, did,,,, tho,. ,at ,,aip1 ,,S
az ma .aa,, - ,o-,, .,i.,
DhN N'"'u '"'i'F '" '''h p'otui W.