Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1921-04-03


KNOX, Ind, April Cecil Bur-
kett answers to the state of Indi-
ana April 5 on first degree muir
der indictment.
This trial will be in circuit court,
where an adult charged with similar
| offense would be tried. No distinc-
ton will be made in the trial of Ce-
! Gil Burkett because he is a boy of
only II years.
The question of the boys account
ability, his understanding of the
gravity of murder, will not enter
into the case.
The trial will proceed upon the
statutes Of the state setting forth
the proof of commission of crime and
the evidence necessary for convic-
tion. The extreme penalty on con-
viction is death by electrocution.
Agree on Court.
''I'll not ask for any change of
venue" says W.. j. Reed, attorney
for the boy defendant. "Circuit court
is the proper place to try the boy.
He did not shoot Benny Slavin and
we expect to prove that he did not. ]"
''The case is being heard in the
proper tribunal" says James A.
Dilts, prosecutor. "The boy is ac-
countable. He is old enough to know
what murder is and to plan it. The
grand jury would not have indicted
him, were he not
Cecil Burkett goes to trial be-
cause Benny Slavin, 7, next door
neighbor, and playmate, died of
bullet wound received fast
Thanksgiving Day when playing in
the Burkett yard at Ora.
Up to Children.
Although adults will prosecute, de-
fend and pass sentence on the boy,
his fate is largely in the hands of
little children.
No adult witnessed the shooting
of Benny Slavin. Only children
were at the Burkett home Thanks
giving Day at the time of the shoot
ing.
| Upon their testimony the jury will
decide whether Cecil Burkett goes to
his death, to prison or to freedom.
Cecil says that he did not fire the
shot, that he did not see 1t fired that
he was just entering his house when
he heard the shot.
He says that he had left the gun
on the ground, ready to kill sparrows
! if they came about the martin house
which he and Frederick Schermann,
II, were cleaning.
But this story is contradlcteo by
Frederick. He is the states prlnci-
pal witness.
In fact, all of the important wit
nesses for state and prosecution Will
be children.
Alfred Burkett, 9, Cecil's brother,
will be in court. So will Clara Sla-
vim, 10, and her sister, Elsie, 3, ana
her brother Albert, 3.
Grownups will testify, too, but
their testimony will only serve as
the woof through which is woven the
warp of testimony. ~
Upon the design of this fabric Ce-
Gil Burkett will die, go to prison or
be set free.
Teacher to Testify.
Mrs. Beth Keiser, teacher in the
little red sehoolhouse, will be IN
court to tell of things that happen
ed to Bennie Slavin before the day
he died.
Harry Slavin, Benny's father,
and Lena Slavin, his mother, will be
in court to add their bit to the web
of testimony. So will Mrs. L. E.
Maddox, neighbor.
And Anna Burkett, the boy de-
fendant's mother, will be there. So
will Frederick Maximilian Won Auw
and Mary Won Auw, grandparents OF
Cecil. Won Auw is Ora's postmas-
ter.
Indeed, most of the village of Ora
will be in court.
Scientists regard Ora as present
ing a problem of psychology, or So
ciology, or criminology.
But Ora disregards the scientists
and looks within it's narrow confines
upon a tragedy that concerns every
| home, every child.
Opinion rends the town in. twain.
The one man in Ora who would
| like to know how psychologists, or
sociologists, or criminologists can
explain the tragedy, is Harry Slavin,
| father of the dead boy.
"What will they say of Harry
| Slavin?" he asks. Gle moved to
Ora to raise his children, to have
them away from the evil influences
Of the city. Now one of them Is
dead and he is in court. in a murder
case.
| "In a little place like Ora there