The Sentinel=record., 1918-11-17

during the one or two or three seconds of the intervals between the arrival uf Dan Shannon where Dr. Smith was. and the end of the shooting. He said that while the other things mlgt shed a ray of light here and there, sttll il was the happenings of those few brief seconds that would prove whether this defendant was entitled to acqulttal in der the plea of self defense. The at torney dwelled long on the sanctity of the marriage relations, quoting at length from the Bible pr smith had a right to love that woman" said tho |attorney. Who God hath joined to@~- |gether let no man put asundor.' Who caused this seperation?" Judge Witt then spoke of the Graham testimony. and said that for two days the state had been trying pr. Smith, and the last day was given to the trying of James l.. Graham. Speaking of tho efforts by Dr. Smith to, see his wife and get reconciliation, MT VIII aaaHissa'' "Dr. smith loved his wlte-ioycs her yet She would not see him. He did not know why she would not see him. nor why she had left his home-and does not know yet.' He reviewed the evidence in brlef and quoted the in- structions of the court applicable 10 the defense.
 Colonel George w Murphy, one of the foremost criminal lawyers of this country, was next to speak In open ing he dwelled long on the subject of the reasonable doubt Then he pie tured before the jury Dr J. W. Smith sitting at the north end of q bench in front of the Greek stand on Gen. tral avenue. himself facing north. and suffering from boils and carbunclea. and with his hack turned down the street from whence Shannon ap-- preached. Colonel Murphy declared that t w0ul have been impossible for Dr. Smith to have been lying in wait in such position. fIo referred to the testimony given by James L. Graham in support of Dr. smith. and the states effort to destroy that evidence and then Colonel Murphy paid his respects to the witnesses who had come to tes- tlfy that they did not see Graham there. Also did he berate the witnesses who came to swear that they w0uld not believe James l.. Graham oti tSttil. and he charged that largely to the po- litical circumstances surrounding rho case. One of his strongest points in arsnment was in the presentation to the jury of the brllet torn clothing cf the young man Colonel Murphy urg- cd to the jury that the bullet holes told more of the truth than anything eisc He claimed that the first shot freq through the front part of the breast. and which went cut under the right arm pit. and through the s-ont muscles of the right arm, could have only hap pened when the dead man had his arm back fitting to his hip pocket and il tho act of drawing a pistol. He claim cd that the shot that entered the lett side and ranged downward came out and cut small hole through shannon s right hand in proof that this hand was just where it would be in reaching from his hip pocket. The other wound. that entering from the pack and rang ing up and out. the Colonel said was the result of rapid shooting by a man whose life had just been endangered Then Colonel Murphy laid great en- nhasis on the fact that the bullet hole marks were all on the clothing in keeping with m accepted theory save the bullet that might have gone out. and as counsel af'smed. should have gone out through the right side of the coat, save for the fact that Shan non must have had that side of his coat raised in trying 10 get his pistol. Then Colonel Aludphy closed with beau tirul reroration on mercy. with justice and truth. Blessed are the merciful for they skall obtain mercy quoted flie speaker. Come on over to our side.' urged the Colonel to tho jurors. Come oa over. come on over where mercy and truth and justice can be found; tho side of human life and iib,. ertyy
 nc-ry il Randolph closcl Tor..us...
 
 AT fssf