The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-04-02
HAzEN ON STAND
IN OWN DEFENSE
At MURDER TRIAL
State Closes Case With Sol
dier's Testimony and De-
fendant'S Counsel Puts Wit
ness Through Severe Ordeal

Fay r. Hazen, on trial for the. third
time for the alleged murder OF Ben
II. Simms. took the stand In his oMu
defense at the opening OF the court fri-
day afternoon after the MONDAY recess
the state having completed its evidehcs
Just before adjournment Friday fnoTn-
ing with the testimony OF l.. >. KIN
nard. of Ranger Texas, former SOD
der.
The big guns of the defense were IN
limbered by Attorney Harry T. Holman
in an effort to tear to pieces the testt-
mony OF Klnnard, who was the star
witness for the state in the two pre-
vious trials OF the case. kinnard
testimony Friday, like that in previous
trials, was delivered in a clear, concise.
manner when on direct examination. but
was offered with vast deal OF ex.
b panation on cross examination, ana
was bitterly contested by attorneys for
the defense.
The witness memory was singulariy
clear on some points and confused on
others, as shown by cross examination.
He remembered Hazen wiping his face
with a handkerchief, just as he was
entering the parior car IN which Ben
r. Simms was shot, but could not re-
member talking TO fellow passenger,
or the car porter.
A discrepancy In the states case
| came in conflicting testimony OF two
witnesses Friday morning--kinnard and
I d
| ed Hazen after he had shot Simma.
Hewitt had testified that when he got
| Kinnard's name as witness. Kinnard
| had told him ut is not necessary to
take my name as / know very little
Memory Fails Him.
Klnnard was unable to remember
whether he told the officer this, but
stated Friday that 4 he did. il was
deal about the case. His testimony
bore out the latter statement. But he
was bitterly assailed by Holman on
this point, and Judge J. Ed Richards
had to interfere In the exchange q
courtesies between Hazen's counsel and
the witness,
Kinnard said he was outside the car.
| when Ha1en came up, apparently very
nervous. shortly after HAGEN climbed
aboard the. coach he heard q shot. Peo-
rushed in, intent on the capture Of the
man. Kinnard at that time was. IN
said, buck private" In the army,
and was armed with pistol.
kinnard said he saw Hazep pursuing
one i sSct a0sa II slmn shs Sa back anS % iaintIns
woman then attracted his attention II
SImms and Hazen rEFhad past him
and he did not capture Hazen. - hi
went into the car to do. Later though,
he said he relieved Hazen of his pistol.
and held him until an officer came.
officer Hewitt, who arrested Hazen.
said the defendant exclaimed: I'm
the man you want. I've killed him and
It's no more than you or any other man
would do"
Hewitt said he turned Hazen over "a
Emergency Policemen j. w. Taylor and
Walter Davis.
Taylor took Hazen by the Chero- Cola
Bottling company; on his way to the
station house. where Hazen told his
son: I've killed him." The son wept,
and Hazen assured him not to worry,
that everything would be all right. Tay-
lor said.
George A. Ross. police reporter, said
Hazen told him in the chief Of detec-
tives' office: II went there to kill
him, and l did kill him" A few min
utes later, HAGEN told him, Ross said,
that Sinms hid tried TO draw q pistol.