Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1918-01-30
FATE NOW IN jURY's HANDS
Testimony Attacked as lncom-
petent by Attorneys for
Both Sides.
FouB WITNESSES ARRESTED
Mabel Brooks Held for Fail
urc to Inform Officers of
Staying Of Shaw.

=. lc,,u.c known last night stter
,be r,.r had gone to the jury that
.cl,yit. for a continuance In the
r,,i,,,c, trial were filed Monday by
,,. 5,lru.g counsel declaring that
.,l,,.,r PAYNE and c. y Tyler, ma
.,,,i v.ues5cs for the defense In the
. o.re missing and that further
,,,r, o,- a .sired TO locate them aud
,.,.,. fu,n here 10 testify In CRAB
,,,.s Nrhalr Their testimony. ac-
.,rt.i... fo the afifdavits would estah-
.,.t .t,f there were three men ON
a., march when Shaw was struck ana
uai rrau,rre was not one OF these
men . .
a,,r,,,l,3 by Judge Mcneil When
he took the stand Yesterday morning
d., bt. own defense. Crabtree admitted
,h., ba was on the porch and Mat he
struck the blow that brought Shaw TO
is knees using small pine stick that
h,b bccn serving AS window prop.
Freeman th "a struGk the blow that
caused ghlw'- death. according TO
Cnbtrce testimony
Sclf Defense Plea.
ease did MOT attempt To develop test-
nopy ,o show that Freeman and not
Cr,btree had killed Shaw. The prin-
rtnal effort VA .,nade to establish a
as,e of self ScfSnse. and plead that
Crabtrec. though he struck Shaw. did
not have weapon that could have
effected his death. and did not strike
him with d deilAarate intent 20 XIII.
In his closing argument, Mailoy
duelt on the facts showing that Shaw
had boen lndulging in gun play anu
declared that Crnhtree had reason To
be IN fear OF his life. The theory that
Freeman and shaw came to the road
house with the intention OF rohb'ng
Crahtrce and were even attempting
TO do this when shaw was killed, wss
advanced hy Malloy In an eloquent
appeal TO the jury.
Four Witnesses Arrested.
-Four witnesses who have testified
In the Crabtree trial AT the district
court were ordered arrested Tuesday
nigh, by Judge Mcneil In connection
with developments in the trial. Mabel
Brooks. operate. OF the roadhouse
whore Shaw was murdered last May
WAS arrested ns an accessory after the
fact, because. according to her testi-
money she knew OF the murder. and
rrfsed 10 reveal any Of the details
when Qesuoned by officers.
Hlonty burton. Jack Nagle rested
as witnesses In the suit and Pete
brlghiman, were arraigned against
Mabel Brooks, and all were placed
under $50 bonds. A charge OF deal
ing gambling game was placed
against Rrichtman following his tes.
unony on the stand that he deal
~ twenty one In Joe Irwin's road
house
Crahtrcc Case To Jury.
The case went to the jury at S:3(
RSl night after the county attorney
had closed lis arguments aud th'
lur}Wen Cal eaten dinner. At l2; 81
asj night no verdict had beer
reached II is said that the jury die
hoI attempt TO consider the eydenc,
Rs' night being worn out by tn,
confinement OF two days proceeding
,h court Some, II Is said went Il
bed Immediately after the twelve hat
agreed 'n wit until this morning he
lore attempting to consider the gull
'r innocence OF Crabtree.
The evidence WAS completed ecs
'eIaaE morning and the afternoon Sos
El"n hogan with the reading OF tn
,VuIl Instructions to the jury Thea
gN"W"d the jury to consider tho evi
u'n'' with possibilities OF brlngini
sentence Of guilty and assessln
we punishment at death or imprisun
muh' from five years to life sen
hy' dependent upon the degre
,pun' n the jury believes that crab
80 KILLED shaw In self defense
,oiairt OF not guilty was demardo
unur' the instructions.
n Of the cha ngts hy the de
''"+' W.T. Freeman and not Crab
CONTINUED ON PAGE SIX.