St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1917-07-21


Attorney f. j. Heintz.
Mr.. Heintz then addressed the jury
for the defendant.
Mr.. Heintz stated that he was SUI
fering from physical pain and had
found it hard to keep up with his re-
CURED work. He had expected a
few moments rest during the address
OF District Attorney Brock, and re-
GREETED that he (Brock) had opened
the case by simple instructions as to
the law, but that he would have to
accept the situation.
Mr.! Heintz's appeal to the jury
was largely one of sympathy for the
accused, whom he called mere
child, and for the devoted wife of the
accused.
Mr.. Heintz said that counsel for
the State would tell the jury that
witnesses who testified for defendant
were interested in his acQuittal.
That the defendants wife had stat
ed that she would like to see him
acquitted. Gentlemen of the Jury,
If any of you had wife who would
not like to see you acquitted of a
crime with which you had been
charged, what would you think of
her? Her loyalty to her husband is
a credit to her, and you, gentlemen
should be most positive of the gull
of the defendant before blightlng the
life of ouch devoted wife.
He said any other man would
have protected himself under thl
same circumstances. He urged The
members of the jury to take the &C
cused's place and ask themselye
what they would have done. Iiat
it been me, Mr.. Heintz said. the ties
timony of Jennie Doyle would hav
been true, for he would not have
waited for the man to come into his
house, but would have shot him
down in the doorway
He asked the jury if, under such
circumstances, they were prepared to
mark the young wife with the brand
of Cain-hersef and her com ns
generation.
Mr.. Heintz pictured the faithful
ness of the young wife, and appeal
ed that her life be not blighted, and
innocent people be not made to suf~
fer.
Mr.. Heintz spoke but Is minutes.
Attorney Amos Ponder.
Mr.. Ponder said there was no case
of criminal prosecution in which
some innocent person was not made
to suffer. There was no criminal
who did not have a mother, father,
wife or relatives who would suffer
by his conviction.
Mr.. Ponder spoke of the early
breakfast at 6:15, and the going for
milk at or O'Clock. He said that
the reason given for going after the
milk was that Mrs. Birch's cows were
sick and that Ezell's COW was a
Washington parish COW. He thought
there was not much difference be-
tween Washington parish COW and
"a st. Tammany parish COW. As
breakfast had been finished, Mrs.
Birch said she wanted the milk for
a strange woman at the house. She
had not been able to tell who the
strange woman's name was or where
she went to or where she was now.
AS for Birch, all had seen him at
the same place, outside by the steps.
That he never made any attempt to
assault Ezell. That no arms were
found upon his person. All he had
was a small penknife.
Mr.. Ponder ridiculed the testi-
mony of Mrs. Birch He asked the
jury IL they had noted the express
sion and conduct of the woman Oil
stand. How her eyes had glittered.
her features set and her face had
paled when she announced that she
would live with no man who had
struck her. "A rabbit might spit
at bulldog" said Mr.. Ponder, "but
no man would dare to strike tina
woman"
(Mrs. Ezell frequently whispered
to her counsel, Mr.. Morgan, while
Mr.. Ponder was making these re-
marks. Mrs. Ezell was at all times
wide awake to everything that was
going on.)
Ezell, said Mr.. Ponder, stated that
Birch was on the second step when
he fired, but it was impossible for
Birch to have been shot either on the
steps or In the house without blood
should have marked the spot. Blood
would have been on the floor or on
the steps. But the blood was on the
ground three or four feet away.
That as physical fact he could not
have been shot in the house, because
Ezell was a small man and Birch
a tall man, and according to the tes-
timony the shot ranged downward.
That the testimony of Jennie Boyle
agreed with the physical facts. She
saw the shooting on a bright day.
The jury reviewed the scene on a
dark. cloudy day. Jennie Doyle saw
the pistol in Ezell's hand. Ezell
admits he had a pistol in his hand.
IT you were to wipe out all evidence
but Ezeu's he would convict himself.
He never said word. Never made
any effort to keep Birch out. Never
warned him away. Didn't show him
that he had gun That a man
.annot plead self defense without an
overt act or hostile demonstration.
Mr.. Ponder started to speak at
1888 p. m. and spoke until $3.50.
Attorney Lewis l.. Morgan.
Mr.. Morgan in answering the |
statement that Mr.. Birch was not ar
rested and put under bond, said,
Why was not deceased arrested"
tried hard enough to get this fact |
into the record-(Here Mr.. Brock |
The intimation, said Mr.. Morgan,
that Mr.. Birch might have been kill
ed in order to get possession Of the
property is preposterous. Every |