Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1920-04-10
CONSPIRACY HELD
j IN WEIGH CASE
Smith Says He Was Offered $500
To Do 'Dirty Work"-Dr.
Gibson Testifies

An attempt py attorneys Tor the de-
fense to have that part of the indict-
ment against James Welch, on trial
charging conspiracy, striken from the
indictment and trial continued on
the grounds of murder. failed Friday
when Judge Charles Kerr oyerruled
the objection of defense and sustained
the position taken by Commemorative
Attorney John r. Allen.
The motion was FLED Immediately
after the commonwealth rested its
case. The arguments on the motion
were not heard before jury but were
delivered in the office of Judge Kerr
adjoining the courtroom.
Attorneys Maury Kemper and
Samuel Wilson argued for the de-
fcnse in favor of the motion main
tanning that the commonwealth had
failed to prove conspiracy and for this
reason have that section of the in
dictment relating to it stricken from
the Indictment.
The commonwealth has undoubted-
ly proved that an illicit and criminal
armour existed between Mrs. Thoma-
son and Welch. The finding of a
letter on the person of Welch from
Mrs. Thomason Immediately after the
shooting would go to prove a crimi-
nal conspiracy" said Colonel Allen in
arguing against the motion filed by
the denfense.
'Welch was only at the Thomason
home once when Thomason returned
the proof shows. and on that occasion
he ran like a dog" Colonel Allen de-
clared.
Il believe, Your Honor. that we
have proven a conspiracy. according to
the definition under the law, and sub
nit the matter to your decision" said
Colonel Allen in closing.
Judge Kerr. then overruled the mo-
tion of the defense and requested the
defense to begin the examination OF
its witnesses. Attorney Maury Kemp
er asked the court permission to talk
to his client before he was placed on
the stand and this was granted. Judge
Kerr then adjourned court until Sat
urday morning when it will convene
at. o'clock.
During the morning session of court
William 7. Smith "a carpenter. was
placed on the stand and declared that
he had been offered $500 by Mrs
Thomason to put somebody off, He
said Mrs. Thomason admitted it wa:
her hsuband.
According to Smith, Mrs. Thoma sor
made four trips TO his home on Lee
street last fall. On her first visit
Smith declared she said some one haC
told her he was "a pretty good scout
and asked him if he could do som,
dirty work" Asking how mucf
there was in it. he was toIdl by Mrs
Thomason that she would pay hin
$500
Smith declared ne told Detectiv,
Veal of tho visit of Mrs. Thomasol
the next day. Smith, said that Mrs
Thomason was to have given him th'
money before he did the work" tina
he might be athletic pay his cOnfed
crate who was to assist him in tn
crime. .
The Kentucky river between LeXing
ton and Richmond. was named as tn
best spot to get rid of Thomason
Smith said Mrs. Thomason told him.
In the cross examination, the dc
fense attempted to get the witnes
to say he had been engaged in dctec
tive work or that he was ''pimp" fO
detectives He admitted that he ha
done some work for Cal Grim, of Gin
cinnati. on a horse stealing case, bu
that was his only employment as a
officer.
Attorney Kemper also asked Smit
if County Detective Thomas j. Bead
was to pay him for his testimon!
He replied in the negative. Smit
said that he did not intend killing any
one but that he had been told to ge
Mrs. ThOmason to pay him the $500 S
this might be used evidence. Smit
worked for WeIch at one time. he sai'
being employed as laborer o
WeIch's farm at Donerail.
Most of Friday was spent in til
cross examination of Lucy Hocl<ada,
15-year1old negro nurse girl formerl
emplowed by Mrs. Thomason and sta
witnss for the Commonwealth.
In several instances she attempte
to change her testimony from tn;
which she had given Thursday but
most instances when re-eXamined
Colonel Allen again made her origins
statements.
The girl while on the stand ident
fed the knife picked up near tt
scene of the shooting, as that of Thon
ason. With the exception of stat
ment made to Attorney kemper tn
Thomason had a knife in his han
when shot. which she later withdre
and said she saw no knife when que
toned by Colonel Allen, the girls tie
timony varied very little from tn
given the day before.
During the afternoon Dr. w. NJ. Gi
son. of Richmond. superintendent of
hospital there, testified as to Thorn
sons condition when brought the
after having drunk whiskey alleged
be poisoned. DR.. Gibson said 'Wh
Thomason was first brought to t
hospital he was in a serious con'
ton, having copyulsions and being
most pulseless. He showed sympto
of being poisoned with strycnine a
il was for this he was treated"
Gibson said Thomson recovered 81
ficiently the next day to leave the hC
pital.
William Walker, travelling sal
man. gave his version of the shoot
as he saw it. which practically agre
with the testimony of other witness
given in the case. Walker declared
saw no weapons in Thomason's han
when he was shot by Welch.
Dan Cowdill. of the Phytian Hoi