Weekly journal-miner., 1918-07-24

ton as the VerQlCt was redQ ex- cepr tor a marked nervousness. When Judge Sweeney ordered
 the young man committed to the
 county jail, the boy rose, stepped
 over to where his father was
 standing, kissed the old man and then followed Deputy Sheriff
 lessen to the jail entrance. While
 the iron doors were being un-
 locked preparatory to receiving
 the new prisoner, tears rolled
 down the lads cheeks, this hav-
 ing been the first time during the
 long trial which the defendant cSOSScc number of unprintable epithets at his wife when he found her in MarlOwes car that night, and Morgan asked Stephens if he had used such lang uagc. Attorney Clark intcrposed another objection at this point. con tending that such questioning did not constitute sur-rebuttal. inasmuch as the witness had once before testified on this particular point. Judge Sweeney took the bjection under ad- visemcnt, and announced that rul- ing would be made at the time court convened after lunch, and adjourn cd the session until o'clock. The court announced at the open ing of the afternoon session that the witness might answer the question. Stephens replied in a vehement man ner that he had not used any inde- cent language in the presence of his ! wife on the night in question. It was while Marks was relating Stephens . conversation to his wife at Wednes- l days session that Joe blew up in court, rose in his seat and called the witness a C. d-- liar, and was later hustled off to the bull pen in the county jail to remain for the afternoon.
 Sid Marks testified yesterday, Mr. Stephens. Shat on the night you over took the car carrying your wife, you reached to your hip pocket with your right hand with the apparent intcn- ;ion Of pulling gun. Is that true: asked Mir Morgan.
 No. that is not true," replied Stephens. 'You know that my arm Is crippled and if ever got my hand ig my hip pocket. could not get 1t out. I was crippled in the shoulder bv being shot while out hunting 7 years ago, and since that time 1 have had but a limited use of my right arm
 | Morgan then asked Stephens to ! show the crippled shoulder to the .f, --a++raf n few seconds and then returned to the court room barred to the waist \ large hollow just at the tip Of the shoulder blade was exhibited to the court and jury. and Stephens explain ed that the charge of shot which had entered his body had torn out much flesh and bone and partially paralyz- cd the right arm.
 Prosecutor Clark took the witness after he had retired and fully dress cd himself and returned 10 the stand.
 "Nr. Stephens" said Clark. "N ou nave done considerable amount ot shooting since you were wounded al the time of which you spoke, haven't you:"
 Yes" replied the witness, 'I have done some shooting. but have not fir- cd a shot with my right hand in 7 years.
 "The wound in your shoulder did not prevent you using your mouth to q great extent. did it." asked Clark. Morgan objected and Judge Sweeney held that the witness did not need to answer.
 Carpenter Is Called. The prosecution next called in Leo :. Stephens. one of the carpenters who was working in the Lawlcr house at the time of the visit of Bud and his father with their cargo of liquor. Leo said that all hands had knocked off work and helped "kill' bottle Of whisky. He said that following the dcparturc Of the visitors Alr. Castle. the latter had remarked to him: "Thc only thing Bud iS guilty Of Is being engaged 10 my daughter. The girl don't know when she k we'll off and has a good chance 10 marry a piece of money
 N W. Faubiou. also employed on the Lawlcr house, said that while Inc had been unable to catch Buds words regarding Miller. he did know that the bunch was mentioning Miller name. as he heard 1t used at least once.
 At the conclusion oi Mir. Faubiou' testimony. the State announced that 1t would not call any more witnesses and that it rested.
 Preparing Instructions.
 The State rested al 2.45 and Judge Swccnry announced that iua~wuch as the preparation of the instructions to the jury would require several hours time. he would adjourn court until Q o'clock this morning. and suggest cd that the respective counsel take up the matter of the instructions at once and not attempt to begin the . arguments until early lhls morn ing. This was agreed to and court was dismissed.