The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1916-01-28
Teslimnoy in Pope Murder Case Completed
This Morning After Night Session Of
Court and Argument is Open
ed by Venable
DEFENDANT WILL
SOON KNOW FATE
Jury Expected 10 Begin DeliberaliOn Be-
tween a and S O'clock; Accused
Tells His Own Version Of Killing;
Gun Discharged by Accident

Following the opening statements OF
the attorneys for the state and the
proeeution, In the case Of the State OF
oklahoma VS.. Hugh Pope, the examiu-
alton OF witnesses was taken up and
continued until near o'clock yester-
LAY afternoon. Court recessed over
the supper hour and reconyened for the
purpose OF completing the examination
Of the witnesses. At 9 o'clock ad
Journment was ordered until 9 o'clock
this morning
With the opening of the court this
A Amorning Judge Linn charged the jury
'and County Attorney Venable opened
argument for the state at 1925 o'clock
In charging the jurors Judge Linn
told them that no matter if they found
or believed the gun Of the defendant,
IN firing the shot which proved fatal
to Marvin Chittwood. was accidentally
discharged, II believing at the time
the defendant was attempting to do
bodily harm to some member OF the
party, they should not find the shoot
ing accidental Instructions were
given for acquital, murder in the first
and second degrees and mansaughter
IN the first and second degrees.
At the yesterday afternoons session
of the court. DR.. J d. Little OF Minco
was the first witness examined for the
state. On July %. 1915. witness was
called in after the shooting; examined
Marvin Chitwood; found him dead
wound was gunshot wound below left
cellar bone and near heart. resulted in
instant death.
Jim Dunaway told of the origin OF
the trouble: stated all we're in tailor
shop in rear OF barber shop; trouble
started when Marvin Chitwood wanted
to lock up shop; defendant objected
to the shop being locked; little scrap
resulted: Marvin chitwood ran to cor
lner First National bank, where his
twin brother, Merl Chitwood and Geo
Cook we're standing; witness and de
fendant followed; defendant and Chit
wood boys engaged in fight helped
separate them; defendant then went
off with George Clark in direction OF
hotel. where latter stopped; witness
and two Chitvood boys walked around
block: Merl Chltwood discovered he
lad been cut in scrap; three returned
TO barber shop and commenced dress
ing Merrs wounded leg; were joined
there by Len Chitwood, father OF the
boys: later defendant came IN ana
told them all to stand STILL" told wit
ness to let lamp alone; told witness
when he approached lamp. don
bother it:r defendant then approached
witness. Len Chitwood and the two
Chitwood boys: Len Chitwood seized
defendant and tried to push him out OF
shop; window was broken in scuffle; !;
sun fired and Marvin Chitwood drop
ned to the floor; witness carried Mar
vim 10 back of shop; defendant then
outside barber shop and witness heard
second shot fired; second shot was
fired from the sidewalk
George Cook, for the state, stated
substantially the same as did Duna
way about trouble in the barber shop
told of the fight on the First Nationa
bank corner; after the fight started Y
his hotel; defendant with him; wen
back up street with defendant for de
fendants hat; picked up hat; &c
! fendant said not his hat, but Marvli
Chitwood's: defendant picked up nj
own hat and put it on his head; VIII
ness went into his hotel; defendan
told witness Observation-Disclosures go
ing home and get my gun and kill tnen
all.'
John Proctor, for the state, testified
that he got off the train from r
Reno. that train arrived at Minc'
about 19:4O in the morning. that n
walked up street and saw man com
IN and stop in front of First Nationa
bank building: that man walked dow
street few steps and stopped ana r.
heated this performance until he wa