Evening journal., 1919-12-02

iDuudut UOttu an exception.
Detective Sergeant Green, who was
the last witness at the morning session.
then resumed the stand. lie told OF his
conversation with Lemuel Price in re-
gard 90 candy and chewing gum. found
IN a stove in The Prlc $ rooms The
defendant. Green said, admitted that he
and George Lewis. Negro. got the stun
from the store OF Wolf Sugarman.
Lemuel, the officer lestin d, confessed
that rulers found In the rooms were
taken by him and man not under
arrest from Joyce and kerrigan, con-
tractors. WhOwere doing work at shall
cross avenue and Harrison street
n, admitted that he and anotaer man
not under arrest robbed the Greenburg
store, Fourth and Walnut streets
Pawn tickets. Sergeant Green testi-
He'd. for a rifle. shot gun. revolver
and a dozen ana a half spoons. on a
philad lphia pawn shop were found In
The rooms. Lemuel admitted that The
pawned articles had been stolen by
him and a. man not under arrest.
4 great number OF reyOlyers and
cartridges were found In the hous,.
These, Lemucl stated. were taken from
the store OF Walter II. HartlOye by him
and another man. while his brother
was nearby.
Prize. The witness testified. admitted
entering the wholesale grocery store Of
William b. Megear and breaking the
combination Of the safe
Three drawing instruments found at
the house were taken by Lemuel
alone from the Layman Machine Com
many. according 90 The defendants con-
fesslon.
ant Green testified that Lemuel
admitted that an automobile battery
found IN the house Nds tdnrn 10y a IN
from an automobile at Sh0llcross ave
nue. and Harrison street.
sergeant Green explained the layout
Of the house In which the Price
brothers lived The room in which
Onlcer Zebley was killed Is ~ feet, 6
inches by 9 feet inches.
Under crOss-eXaminatiOn by Mr.
Richards Sergeant Green repeated his
feet mouy. gN al the morning ses-
sion, In regard 90 Lemuels statement
concerning lr shooting
Harvey + Nichols, deputy coroner.
testified that when ne received the
body Of Polrolman Zebl y, the dead pO-
licemans pistol and blackjack were In
ms u.p pnchcts.
officer Edward Mcdaniel told OF ar
rest ng Lemuel In a room on the sec
ond Moor OF No. Q Decatur street After
covering The Negro with his gun and
ordering him 10 put mp his hands, the
officer asked him who ne was. Nc
Daniel stated A young Negro girl inn
m,u.atry answered that he was Lem
Price. Lemuel pointed out the revolver
he had used, which was lying on
stove. 10 was a Colt 40" the officer
said. and contained three empty shells
and three uneXploded shells. lie pro-
luced the pistol in court.
The next witness called by the State
was Myrtle Turner. Negress, "a years
old She testified that on the morning
OF November i3, Lemuel rushed Into
/ her home, No. 9 ID catur street, out Of
breath, without a hat and carrying a
/ large pistol. the butt OF which was
prOtrudlng from his pocket.
lie went by the side OF the house 10
the rear yard. she said, and into the
cellar by the yard entrance and IN
hurried 20 the second floor Of the
house. lie was blowing" Myrtle said
and made that expression clear by eX-
planning that she meant he was out OF
breath.
/ When she asked him what the trou-
/ bic was. she testified. he nrst replied
nothing" but. upon a second thought.
said that a man whom he was with
shot two police officers and the cops
were chasing him for 10.
Tie asked for a hat, Myrtle said. but
she thought that he said "halchet'
She then. fearing that he might cause
further trouble, hid the two hatchets
In the house.
Lemuel then repeated his request for
hat saying that II he could obtain
one he sould walk past the officers.
who were close by the house, without
being recognized Myrtle said That he
warned her not TO let the police who
were on his trail know that he was In
the house. She dlsregarded his appeal,
however, she stated. and Immediately
went out and Informed O1lcer lied"
Mcdaniel.
Alban NJ. Denny testified 20 seeing a
Negro, resembling Lemuel dashing
along the railroad tracks without hat
and carrying a pistol.
City Solicitor John w. Huxley testl-
fled that Lemuel. after the shooting
denied that he was the murderer. say
ing that John was the guilty one. The
Negro got ugly" Mr. Huxley stated,
and declared that he was the muir
derer and was sorry he had not shot
more
It was $40 O'Clock when the State
closed It's case.
Shortly afterward Mr.. Richards
stated TO the court that the defense
would offer no testimony.
Mr. Renhardt then presented his
prayer 10 the court. asking that the
jury be instructed that as Officer Zeb-
ley was killed in the execution OF his
official duties. having gone 10 arrest
Lemuel on strong suspicion that he
had committed robberies. Il consti-
tuted first degree murder II It was pre-
meditated. as he coniended.
Mr.. Richards objected 10 Mr.. Rein
hardCs prayers, contending that the en-
tire affair was unwarranted and unau-
thOrized by law. The defendant, he
held, had right to resist II he believed
his life was in danger or II he was in
danger Of great bodily harm Il was
not such as TO make him believe that
his life was in danger or that he was
in dang g.r OF great bodily harm. but the
shooting could not possibly be more
than manslaughter.
In his prayer, Mr. Richards held that
his client could not be found guilty Of
an offense greater than manslaughler.
The arrest. he contended, citing a case
10 support his contention, was grossly
irregular The officer, he held, ex-
cpeded his authority in arresfing