New-York tribune., 1921-06-02
Boy,ll, Oh Trial
For His Life as
Slayer of Lad, 9
Takes Stand il, indiana
Court in His Own De.
fense and Tells How
Playmate Was Shot
DEATH Penalty Demanded
Prosecution Gets Severe
Slow When Girl, s. Is
Barred From T'estifying
snec ci Dispatch 10 The Tribune


KNQX, Ind, June Cecil Burkett
an eleven-year- boy Of Ora, Ind
faced jury here to-day on trial for
his life. The boy is charged with first
degree murder for the death of his
nine-year-old playmate Benny Slavin,
who died of gunshot wound last
Thanksgiving Day. The prosecutor is
asking the death penalty.
After day of testimony Cecil took
the stand in his own behalf as the last
witness of the session.
The boys action proved surprise.
for he was much calmer than any of
the other eight witnesses who had tes
tilted during the day. He answered
Prosecutor James Di,ts's questions
promptly and appeared accurate in his
statements.
Cecil told story OF how he and Fred
Scherman, another playmate, were
cleaning straw out OF martin house
IN Burkett's back yard, making several
trips to the house. On his last trip he
heard shot, dropped the straw he was
carrying, picked up the gun and car
RED 1T home. The little fellow was on
the stand for an hour. He apparently
made strong impression on the jurors.
Blow FOR Prosecution
W. J. Reed. OF Knox, who is handling
the defense. is attempting to prove
that Benny Slavin shot himself.
The prosecution received severe
blow when Judge pentecost ruled that
the evidence of six~year-old Elsie
S,avin, who was to have testified that
shc saw the Burkett boy shoot and kill
her brother, was ina<,m missible because
she was too young.
Little Miss Slavin was to have testi-
fed that she saw the Burkett boy point
the rifle at her brother and shoot him,
and at both the coroner's inquest and
the grand jury that returned the mur-
der indictment against the Burkett boy
her evidence was The chief factor.
Others testifying this morning were
Harry and Lena S.avin, parents OF the
nelghbor; Dorothy Scherman, a play
mate. and Charles Good, neighbor.
The mother Of the Slavin boy nearly
broke down on the stand. and told the
court that her son on his deathbed
told her that Cecil Burkett had shot
him
Neighbors and playmates told of ex
'AiAE uisliAE tle IiTe the sShOt had start
ed in the Slavin boys clothing and OF
how be was brought to the S]avin
kitchen, dying. Benny said there that
the Bnrkett boy shot him. they testi
fled. When Elsie took the stand she
was undaunted by the crowd of argu-
ing lawyers.
. Bad Feeling Charged
"This little Miss is perhaps as com
petent witness as person much
older" said Judge Peutecost, after
guestloning her asF to right and wrong,
but Will have to excuse her because
witness Of less than ten years of aee."
Prosecutor Bilts ssys that there was
bad feeling between tie two boys. He
tells the story like this:
Cecil, his brother Alfred, who is
nine years old. and Frederick Scher
man, seven years old, were playing in
the Burkett back yard Benny Slayin
and his sister, Clara, were in the ad-
Joining yard. Cecil called Benny to
come into his yard. Benny at first
OBJECTED, then Cecil held out kite and
tempted Benny until he fnally crossed
the line. At that Cecil reopened the
old squabble and in cold blood shot the
younger boy, the bullet entering his
right side at the back. He committed
his alleged crime with a rifle which
belonged to the Burkett family"