The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1916-02-25

afraid of him. This concluded the
examination by the defense, and AL
ford was turned over to the prosecu-
ton for cross-examination, which
was conducted by Mr.. Puryear.
In response to questions from the
Commemorative Attorney, Afford
denied that he had gone home to get
his gun to kill Smith, but simply to
protect himself. He admitted that
when he was at home at supper he
didn't think he needed gun to pro-
tect himself. He said he had no idea
Of trouble with Smith when he got
the gun; that he had told Smith he
could keep the whisky. He denied
that he had said he did not care
about the horse being in the mud;
and that he was going to kill Smith.
Mr.. Puryear read to Afford extracts
from a stenographic report of his
testimony at his examining trial, and
asked him for an explanation of the
difference between his testimony
tsasn On various points and. his testi=
lmony2on the present trial The read
ing of the examining trial testimony
seemed to make great impression
upon every one, for Affords testimo-
ny was radically contradictory on
different important points. Mr.. Pur-
year showed that at the examining
trial Afford had testified that he
went to the home of Mrs Helm for a
gun after he had shot Smith, while
on the stand at the present trial he
swore that he went there before he
shot Smith. The prosecutor also
brought out that at the examining
trial Afford said Mrs. Smith was
standing in drain by some bushes,
where as as this trial he said that
Mrs. Smith was out of his sight. In
reply to questionings, he said that it
was so dark he coulo only see Smiths
bulky figure. At the examining trial
he testified that Smith was looking
at his wife when he shot him. He
said that Smith turned mis- head just
as he fired the fatal shot, he sup
posed "To keep from seeing him hit
me-"
Afford contradicted his former
testimony considerably, and made a
very bad witness for his own cause.
Miss Lille Pearl Douglas, sweet
heart of the accused youth, was next
put on the stand and testified that
she had an engagement with Afford
for that evening and was expecting
him at 1880 o'clock. The only ques-
ton asked her by the prosecution was
Mr.. Puryear's query whether Afford
was in the habit of calling upon her
with shotgun, to which she replied
in the negative.
Will Lyons, the negro mentioned
as being at Mrs. Kittrell's, told of
the incident there when Smith is al
legged to have offered to light his
cigarette with his pistol, etc. He told
substantially the same story on this
point as Afford. He said that Smith |
was known to generally go armed, |
but never heard of him shooting or |
cutting anyone.
Henry Afford said that Smiths |
reputation was pretty bad at times |
and at other times was all right.
John L. Beck, R. S. Scudder and |
W. S. Embry were introduced as |
character witnesses by the defense,
but gave that side little testimony |
IF value.
The defense introduced Mrs. Kit
'reil and Ebert Brawner, an eight
1ear-old boy, who told of incidents
1T her house, and Brawner told of
soing to the body of Smith and see
ng the pistol in his hand.
Judge Hardin read his instruc-
ions to the jury at the reconvening
# court at 1880 Thursday night, af-
er which arguments of counsel fol-
owed, one speech to the side having
.een agreed upon. Judge John S.
)wsley spoke first for the defense,
nd made splendid argument from
he standpoint of the defense, closing ,
nth powerful plea for mercy for
ne youth, and the aged parents.
commonwealth Attorney Puryear
losed with terrific excoriation of :
ne crime as cold-blooded murder,
Manned deliberately, and meriting !
he severest punishment The jury
7as given Judge Hardin's instruc-
ions and retiring, considered the
ase about half an hour. They then
eported that they were unable to
gree and adjournment was taken
III 8 o'clock Friday morning, when
Z i