Evening journal., 1915-03-23
Counsel for Prisoner Causes Surprise by Informing
Court That He Will Rest Defense on Story Of
Murder as Presented by the State.
Prisoner Silent as Unexpected
Turn Comes.
Turn Comes.
PROSECUTION ASKS JURY FOR
FIRST DEGREE MURDER VERDICT

Mr.. Moore then testified that he
was in Jones cigar store. at Sixth and
Market streets, on the day of the
murder. Hearing the shots he ran
out of the store and saw the officer
strike Krakus once. and when the Of
icer raised his club again Krakus
fired three times at least. and the Of
ticer fell TO the pavement. Moore
said the officer was Tierney.
Chief Black was recalled and pro-
duced a cap and club similar to the
one used by the dead officer on the
day Of the murder.
The State then rested
Mr. Relnhardt in opening for the
defense said that no extended evil
dence would be produced in behalf Of
the prisoner because the facts OF the
murder had already been given 10
the jury. Mr.. Reinhardt explained
that he would argue before the jury
that the clubbing and beating OF Kra-
kus prompted the shooting and the
subsequent murder.
Chief Black was this time called
for the defense, testifying that Of
fcers Sharpless and Tierney on the
day Of the murder did not have a
warrant for the arrest of Krakus.
Mr.. Reinhardt then offered the po-
lice club in evidence and the defense
rested.
General Wolcott announc-
ed that the State had no further tes-
timony to offer. This statement for
mally closed all the testimony in the
case.
Prisoner UncOncerned.
hut al a.
what was transpiring With a hand
on each knee he gazed towards the
floor and at times looked towards
the bench and at some Of the lawyers
IN the courtroom.
Deputy Attorney General Chayhfr
then presented the prayers oG.os',k,
State. He read at length authorities
Towering the case and declared that
police officer OF Wilmington is a
peace officer of the State. He argued
that an officer OF the law has the right
TO make an arrest without a warrant.
provided he has reasonable grounds
of suspicion that the person has been
guilty OF a felony. Mr.. Chaytor also
declared that when a person who Is
assisting in an arrest is killed the
party who does so has displayed
| ilnilAi dAu liit NVtAnI~
Quent crime is necessarily murder in
the first degree.
Mr.. Chaytor also contended that il
an officer is resisted he may use such
force as will prevent the escape of
the prisoner. If the prisoner shot
Sharpless who was discharging his
duty Mr.. Chayto- said Tierney was
justified in using force to make the
arrest.
Pleads for Prisoner.
: Mr.. Reinhardt, for the prisoner,
argued that il he we're in court to
defend the prisoner for shooting
Sharpless he would argue that in no
7 way did the officer communicate TO
! the prisoner the suspicious held by
Tierney. Mr. Reinhardt argued that
. extenuating circumstances reduced
the crime in degree and that there
+ can be no presumption OF malice
aforethought and that the killing is
nothing greater than second degree
murder Mr. Reinhardt asked the
court TO define reasonable doubt when
! charging the jury.
Attorney General Wolcott then re-
piled for the State and closed the ar
} gument.
Chief Justice Pennewill charged the
| Continued on Page 2)