The Climax-Madisonian. (Richmond, Madison County, Ky.) 1914-1917, 1915-04-21
The WaIIaCeCaSe

at Irvine on February u.
began in Circuit Court here Tuesday
afternoon and is now rapidly nearing an
end The court room has been crowded
every day and every night during the
trial, more than hundred people from
others merely 10 look on.
The case was called shortly afternoon
Tuesday when the selecting of a jury
was taken up. Judge Benton announced
that night sessions would be held in or
der to complete the trial as soon as pos
sible so that the witnesses could
to their homes. The jury was selected
with little difficulty ard was accepted
by both sides before adjournment Tues
day afternoon.
The jury is composed of the following:
John Winans, r. 5. Miller, Waller Dykes,
ID. b. Scobee, Holt Everman, j J. Thorn
ton, Barbee Belts, Ed II. Jones, f. r.
Scott, Houston Beall, w. NJ. Martin and
Walter Hampton.
The defendants. T. Q. Wallace, Frank
CLANCY, j. NJ. Haynes. William Lynch,
ambrose Lynch and L. s. Gardner are
represented by c. G Wallace and John
holland. of Richmond; A. +. Byrd. of
Lexington; J. NJ. Stevenson and F H.
Haggard, of Winchester.
Commonwealth Attorney Ben A.
Crutcher and County Attorney S. It. Da-
x,ic Of Winnl,nStor hainn tod hx
J. L. Carpenter. County Attorney of Els
till county, and T. C. Johnson, Com
m3nwealth's Attorney of the Twenty
third Judicial District.
When the jury was completed Judge
Benton read the seven indictments re-
turned by an Estill county grand jury,
which charged the defendant with will
fui murder and with entering into a con-
spiracy to murder. A recess was then
taken until Tuesday night.
AT Tuesday nights session Common
Attorney B. A. Crutcher, of
this city, stated the case for the State.
Crutcher, in his statement for
the prosecution, declared that the shoot
lIR Vi OuueI WOOu Cdul6 dOOuI OcCduS6
the defendants were aware that Green
Davidson, now material witness in the
present case, had evidence to convict
the defendants of completely in blowing
vious to the Underwood murder He
said that in shooting Underwood he be-
Iieved they were seeking the life of Da-
and they believed Underwood
was Davidson when they greeted him
with hail of bullets when he appeared
at the hall door of his home the night of
the murder.
Attorney John holland, of Rich mond,
stated the case for the defense. He said
that Frank CLANCY and T. Q Wallace
would admit killing Underwood, but
would show that Underwood fired upon
them first. He said none of the other
defendants were connected with the
murder Mr.. holland further said the
defense would prove that conspiraf y
existed TO kill Wallace and that Wallace
had been warned that he would be
killed.
The taking of evidence in the trial be-
gan Wednesday morning, the court room
being crowded to its capacity and the
lobby being filled.
Mrs. Belle Underwood, widow of the
slain man, was the first witness called,
She was in the house at the time ano
told the jury what she knew of the kill.
ing. Mrs Underwood said she and hel
husband had retired and about thirty
minutes later Green Davidson, who had
been boarding with them came in. She
said she and her husband and the baby
occupied one bed, and that Green David
son and the little Underwood boy occu
pied another bed in the same room.
AT the time Green Davidson came in
Mrs. Underwood said she heard foot
steps pass the house She said it wa!
about thirty minutes later when mer
came TO the house and called for Greer
Davidson. Davidson asked who it wa
and voice she said she recognized a
that of Tom Wallace. said they wanted
TO see him. Davidson said if they want
ted to see him they must come in
The witness said. her husband ther
offered to go see who it was. He took {,
PISTOL from the wall and vent 10 the
door. Shots rang out and Underwood
fell She did not know who fired tn
first shots.
On cross examination Mrs. Underwood
said the pistol her husband took from
the wall belonged to Green Davidson
who had hung it there IA day or two be
fore The killing. She said when the,
picked up the pistol by the side of he
husband, one cartridge was missing.
After the shooting, Mrs. Underwood
said she heard footsteps running on th'
board walk in front of the house. Sh'
lighted the lamp, and by the dim ligh
she saw figures running on the walk.
Attorney Wallace asked the witness
trial that she and Green Davidson hac
agreed on what they would testify in It
case He read from the record. Mrs
Underwood said she and Da wilson haC
counted up from the time they haC
retired to the time of the killing.
Green Davidson was the next witness
He said he had been in bed about thirty
minutes when he heard some lie callil.
HIM. He corroborated Mrs. Underwood
as to the words that we e passed, He
said he recognized the voice OF Frank
CLANCY He was told that Joe Spivey