Weekly journal-miner., 1917-10-10
(F1om Fridays Daily0

for the past four days has been on trial for the murder of his stepfather, AL B. Kellogg, was found not guilty at o'clock yesterday evening, the jury having been out for about half an hour and taking three ballots. The first ballot resulted in vote of to 4 for acquittal, the second ballot stand ing 10 10 ? in the defendants behalf and the third being unanimous in his favor.
 To those who had listened to the evidence which had been introduced during the long, drawn-out trial, the verdict was not surprise. knappers age-lo yearS-waS circumstance which probably had an influence in his behalf during the time the jury was considering the case, and in the argument by the attorneys for the defense, much stress was laid upon the fact that the defendant was a mere boy, and not old enough to properly appreciate the fact that most of Kellogg's alleged threats to kill somebody were just talk, and not to be regarded seriously.
 The trial of the young man was be- gun last Monday morning, and the taking of evidence continued until about noon yesterday. Judge Pattee, of Tucson, former resident of this city, presided at the trial. A large amount of testimony as to the char acter of both Knapper and Kellogg was introduced during the four days, and from all of the stories related on the witness stand, there was little doubt but that Kellogg had repeated ly threatened the boy and blamed him for causing some of the domestic dis cord which was alleged to have pre- vailed in the Kellogg household.
 The argument in behalf of the State was opened by County Attorney Neil C. Clark, the presentation of the States side occupying about two hours. Following Mir Clark, Attor ney Ward, of Phoenix, the chief counsel for the defense, took the floor and made an impassioncd appeal to the jury to acquit the defendant. Knappcr, according to the attorney, lad from his carly childhood been the victim of circumstances, and had been deprived of fathers care and train ing. Since the boys mother had mar -ied Kellogg, Dave had been an out cast from the home occupied by his mother, and had been compelled to knock about, being subjected at all times to the threats and abuse heaped upon him by his stepfather. NIT. Ward also dwellcd on the fact that Kellogg was usually of rather quar- rclsome disposition and had the ap- Dcarancc of one seeking trouble and 1ever-until the last misunderstanding t. The fact that Kellogg had a A n his belt at the time he was shot town by the youth, seemed to cinch he case in the minds of the jurymcn, and was proof to them that the step father had apparently armed himself or the purpose of staying Knapper if Inc opportunity afforded. While itI was not conclusivcly proven that Kellogg had reached for his gun at the moment that he met the young man. there was some doubt as to just what he had done with his hands at he time the shooting commenced. One witness stated that at the first ;hot. Kellogg claspcd his hands across his abdomen where the bullet had en- tered. while others stated that he had made a motion to draw his weapon from his belt and return the fire which was directed at him. However, it was fact that the man fell before he could get to his six-shooter, and just what his intentions were regarding the return of the gunhre will never be known.
 The killing for which Knappcr was on trial occurred at Mayer on May IS, 1917. Knappcr had been warned that Kellogg hal armed himself with the intention of killing him, and when the .wo met in front of the Mayer store Inc young fellow drew an automatic from his trousers pocket and fired seven shots into Kcllogg's body. kill ing him instantly. He had been at liberty part of the time since the kill ing on bond of S22,25O. signed by a bonding company.
 The acquittal of Knapper marks the close of the fourth murder case which has been tried in the Navapai Superior court within the last four