The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-05-08
KITCHENS GUILTY
AS CHARGED" FOR
DEATH Of GAUSEY
Jury Passed Up Unwritten
Law and Old Reaching for
Hip Pocket, But Found Nit
igatinu Circumstances.

Will E. B. Ketchens, slayer Of James
e. Causey, die in the electric chair or
will he serve the remainder of his days
behind the gloomy walls Of the state
penitentiary at Nashville?
This question may be decided by
Judge Ed Richards, of the First crim-
inal court, when Clarence Friedman,
attorney for Ketchens, argues a motion
for new trial on May %.
The unwritten law based on Bible
history failed to acquit Ketchens. The
jury, a representative one. after con-
sidering the case during the storms of
Ed Richards at S:15 o'clock Thursday
morning that II had agreed on verdict
OF guilty as charged, with mitigating
circumstances"
Kitchens was nervous when the judge
read the verdict.
That part of the jury's verdict read
ing with mitigating circumstances
puts it up TO Judge Richards whether
Ketchens shall go to the electric chair
or serve the remainder of his days be
hind walls of tse state prison. Guilty
as charged means that he is guilty of
murder in, the first degree. The Judge
will not pronounce sentence until the
motion for a new trial is disposed Of
II a new trial is granted, there will be
no sentence until the new trial is heard: :
II II is denied on May %, Kitchens will
know his fate, subject to appeal to the
supreme court,
Ketchens Shot and killed James E.
Causey on the deck of the steamer
Kate Adams on Feb II just as the boat
was due to leave on it's afternoon trip
The defendant declared on the stand
that he not only killed Causey because
he had broken up his home, but be-
L. l.
one hand reaching for his throat and
the other reaching for his hip pocket
as though to draw revolver or a knife.
Self-defense was his strongest plea.
w. T. McLain, assistant states at
tdfney and ]. B. Webb, fornier prose-
cutting attorney in Mississippi, made
able talks, Clarence Friedman, attor-
ney for defendant, also made a strong
address in behalf of his client, relying
both on the theory of self-defense and
on the unwritten law.
The case went to the jury Wednes-
day afternoon at o'clock, Hetchens
laughed and joked with his brothers
and friends while the Jury was out, but
beneath this seeming bravery could be
seen a state Of nervousness and ufl.
easiness.
A large audience was in ATTENDANCE
| during the trial, Causey's wife and
SON attended every session of the trial.
| The state made 4 strong point when
| II proved that Ketchens did not kill
| Causey until a year after he claimed to
| have discovered him with his wife
The combination defense of unwritten
| law and reaching for the hip pocket has
Jared badly in recent cases in the To-
cal courts. Fay Hazen, who for a time
| seemed safe even from indictment for
| the death Of Simms, and who had the
added advantage Of a hung jury in his
| first trial. pleaded the unwritten law
and self-defense, but was convicted
on his second trial, Now Ketchens
pleads the unwritten law and self-de-
| Tense in that Causey was making a
motion toward his hip pocket" but
guilty was the jurys verdict
The first plea of unwritten law was
years ago in Massachusetts, and il
secured an acquittal, but the plea is no
longer Of any avail there, It's most
brilliant use was when Dan VOORHEES,
had his client plucking from the garden
| it's sweetest rose, wearing 1t on his
lapel until it faded and then casting ii
| aside. rs
| But few have the imagination or
words in which to convey 1t that had
the Tall Sycamore Of the Wabash.