Weekly journal-miner., 1916-02-02

!. fatten up and enjoy himself for .f !. the rest of his life" .- .- I. T. - I. l. !. I. ..- !. + + !. <
 Such were the closing words of County Attorney P. w. O'Sullivan's argument to the jury yesterday in the case of the State vs. Daniel McCarty, charged with murder. The arguments lasted for two and one-half hours, Deputy County Attorney Morgan opening for the prosecution and be- ing followed by Attorney George w. Nilsson for the defense. It was 6:3O o'clock in the evening when the F men were instructed by Judge Smith and placed in the custody of Bailif Thomas Marmont
 That McCarty shot J. E. Smith without a quarrel and shot him while he had his back turned was the start ling charge suggested in a question put to the man accused of murder by County Attorney P. w. O'Sullivan while McCarty was being cross-exam- ined when on the stand yesterday.
 'Is it not a fact that you followed Smith out of the front of the house and shot him just as he was going through the gate and turned to sec wno was following him?' was the question put to McCarty by O'Sulli- van. The witness answered no and said that they had talked and argued for a period of about 10 minutes be- for he went into the house and got the gun.
 Jim Goodwin, who was working in the yard which gave view of the front gate, O'Sullivan declared, would have heard the two arguing if they had really been there McCarty claim ed in his testimony that Smith was coming from the outside of the fence and had just reached the gate when he shot. He said that Smith was on the outside of the gate. O'Sulliva1 believes, from the testimony which shows that all blood was spattered on the inside of the fence that Smith was shot while leaving the yard and going through the gate. It is also argued that Smith would have fallen outside of the gate and that it would have closed over his feet and legs because the bottom of 1t was half foot above the ground.
 McCarty again related the details of the killing from the time he met Smith and put the three propositions up to him to the time when Smith re- fused to pay his board bill and he shot him with the shotgun.
 Dr. H. T. Southworth's testimony was similar to that given at the in sanity trial, he telling of examining McCarty and reaching the decision that the defendant was and is sane. He also told of McCarty's physical condition.
 Gus Schraplau when called to the stand told of living with McCarty at the Sherman house for a number of years during which time he had al ways believed that AIcCarty was diff fercnt from the ordinary man. He said that the defendant always had different opinions from what most men would nave on various subjects. In cross-examination Scnraplau ads mitted that before the State went dry McCarty drank great deal of beer.
 After Attorney Nilsson had com pleted his defense, three witnesses were placed on the stand by O'Sulli- van in rebuttal. They were II. w.. Cole, Under Sheriff T. J. Marks and Tom Goodwin. All three testified that they thought McCarty knew the difference between right and wrong. Cole stated that during the ten days before the killing he nad not noticed any cna1ge in McCarty's mental con dition. Goodwin stated that during the time McCarty was in Wagoner he ate breakfast with him each morning and he did not act any different than he ever had before Marks stated that he had observed McCarty since he was placed in the county jail and that he appeared to be sane. He said that yesterday morning McCarty showed signs of hysteria In the letter that McCarty wrote to the governor he said the defendant explained his trou- bles and told Hunt of the killing in detail.
 After arguing the case for nearly four hours during which time many