The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-04-15
Attorneys To Complete Ar
guments By Late This
Afternoon.
DEFENSE ENDS QUICKLY
ONLY ONE WITNESS TESTIFIED
FOR FENoANT-JUDGE
GIVES INSTRUCTIONS.

"That Louis Urtch, the defendant,
and the other strikers were justified in
using sufficient force to prevent ar
restsswhich they believed to be illegal,
and that Louis Ulrich, the defendant,
was justified in fleeing from the state
N he feared arrest simply because he
was striker"
Such was the summary OF state.
nenf made by Judge w. S. Raymond
in Circuit Court today in closing his
charge to the jury which has listened
for nearly four days to witnesses for
with murder in the first degree jointly
with 133 other strikers accused of hav-
ing participated in a fight with officers
Of the law near Pennington last Feb
ruary 30, which resulted in the death
Enf Contsable William r. Riggs. The
rest Of the charge covered the ques-
lions of reasonable doubt, the ques-
ton of intent and the state law which
makes man guilty of first degree
murder IL he conspires with others to
kill and is present aiding and abetting
when the fatal blows are struck even
IL he does not strike the blows
himself.
Charles Bartlett, aged about 16, who
had been summoned by the state, was
the cniy witness who testified in be-
half of Urich. Young Bartlett swore
that he had seen man who is pre-.
Sufaed to be Riggs fall from a buggy,
and that the wheel of the buggy pass.
ed over the man while he lay on the
cfnder road. The testimony of the
youth is at variance with statements
made on the witness stand yesterday
by j. j. Bartlett. his father, and an
employe of the Jamison Coal & Coke
Gompany's supply department. Urich
testihed In his own behalf yesterday,
denying In detail all, the allegations
of the prosecution except the fact that
he was present at the fight.
When the charge by Judge Hay
mond had been completed the court
adjourned at 1880 for the noon re-
cess, Shortly after 1 o'clock the ar
: guments were started, two hours hav-
ing been allotted to each side. Attor-
ney Harry Shaw and Prosecuting At
torney Tusca Morris spoke for the
60 the jury in behalf Of the state.
Congressman James Francis Burke.
one OF the most eloquent attorneys in
Western Pennsylvania, opened the
piea in behalf of the defendant and
for over an hour he swayed the Jurors
and the audience with fiery appeal
in behalf of his client. Attorney E.
I F.. Morgan, of the local bar, made an
4 equally eloquent appeal after which
Mr. Morris closed for the state.
The case probably will be submitted
to the Jury late this afternoon.
Some delay was caused in the prog
ress of the trial this forenoon by the
non-arrival of several witnesses sum-
moned by the defense from Farming
ton.
During the interval while efforts
were being made to find out the cause
of delay by telephone Frank r. Amos.
one of the attorneys for the defense.
went to the Jail to confer with some
of the men indicted Jointly with Urich.
While Amos was in the Jail Deputy
Sheriff Thomas Baimbridge, the jailer,
received a telephone message that a
prisoners working on the county road
gang near the fair grounds. had es-
capped. Mr.. Baimbridge after a hasty
conference with Sheriff C. D. Coma
way, hurried after the fugitive, lead
ng the Jail locked.
When Attorney Ames was ready to
.eturn to the court room there was
no one at hand with keys to open the
3ail door. TRUSTEES hastened in search
e5.nninute wait, Attorney Amos was
released"
The witnesses for the defense ex-
pected from Pennington failed to ar
rive, and after wait of nearly two
hours Judge Raymond proceeded with
his charge to the jury.
The last witness for the state yes.
terday afternoon was DR.. j w. Nc
CONTINUED on Page Ten)