The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-02-21

WILL Be GIVEN
TO JURY TODAY
Attorney Eagle to Make Last Ad'
dress IN Case -Hartxell Uses
Mental Plea for Wood.
A last attempt on the part Ct the
defense in the Swearingen murder
case to have the trial continued for
a week failed this morning and all
indications were that the jury
would have the case before night
The return Of Mr.. and Mrs. Ray
Thompson of Aledo, who have been
spending the winter in California
and at whose home "Bricky" Wood
is said to have stopped on the night
of the murder, gave the defense an
excuse to delay the trial in order
that the jury might hear their evia
dence. Attorney Hartzell, who is
defending Wood, claimed that they
were not ready to admit this evil
dence and requested a weeks time
in order to prepare same Judge
Graves refused this request, Offer
ing them until noon to prepare the
evidence. Attorney Hartzell de-
clined this offer, stating that he
could not get the desired evidence
in shape on the spur of the moment
and finally decided not to present
the evidence, but to continue his
plea which he started on Saturday
afternoon.
Saturday afternoon States Attor-
ney Paul J. Graham gave brief
clear review of the facts in the case
as presented by the state. Virgil
Duvall, one of the attorneys for
Quentin Sherman, then addressed
the jury. Following Mr.. Duvall, At
torney E.bert L. Watson, the other
lawyer defending Sherman, gave
his plea. He stated that the states
theory Of Sherman's part in the
holdup was based on his act after
the contemplated robbery, hence
the premedjtation was not estab'
lished. He referred to the testimony
of c. A. Brown, who resides neal
the Sherman home and who saw
Sherman going by his home some
time after l o'clock on the night o.
the murder. He said as far al tht
evidence introduced by the STATE
there was only one person interest
ed in duplicating Sherman and thai
man was the self-confessed Red
Pruett. He said there was no con
nection in the evidence given b!
the states witnesses and that the.
only presented proofs on two the
cries that Sherman was to sit il
the game, which it was proven b,
did not do, and to take the mel
away after the holdup, which it wal
also proven that he did not do. Mr.
Watson referred to Oscar Anderson
one of the states witnesses. whit
testified that Sherman told him no
to sit in the poker game, as the.
were going to stick it up. He calle'
him a good old-fashioned liar. HI
referred to Tom Cox and Denni
Bennett of Rock Island, who wer
present when Sherman confesse
to his part of the crime as the typ
of Chicago detective referred to b,
Sheriff Fleming, who are ready t,
beat up a man in order to get
confession. He insinuated tina
Sherman was forced by men who's
business was to get evidence, an,
asked why, if the confession ha'
been obtained, it was not introduc
| ed in court. He referred to Pruet
j as a self-confessed murderer who
not knowing his sentence, was will
ing to tell anything asked of hin
He insinuated that Pruett's tale ha
been told at the direction of tn
states attorney. He said that b
believed that Pruett shot Swearin
gen willfully and only told this tai
to implicate the others. He con
tended that the only part Shermal
played in the crime was to shO,
the men where a poker game wa
in progress, not that they nigh
hold it up, but that they might 81
in the game, and while Rubenstei
! and Pruett came here to hold u
the game, neither Sherman no
Wood had any knowledge of it. H
referred to Pruett's apparent cold
heartedness, when he wanted, &C
cording to the story OF the taxi
driver, to kill them and steal tn
car on the night Of the murder.
Attorney c. w. Hartzell of Garth
age, who is defending Wood. be
gan his address to the jury late Sat
urday afternoon. The first part Q
| AAO pAVa S0AlCu dtlCutlOA " VOuU
service in the navy during the lat
war, and upon the fact that he re
ceived physical disability dis
charge on Aug. 8, 1919. His charac
ter on the discharge was marke
good. Following his discharge, b
was confined in a naval hospital q
Washin,. ION, D c., until he was re
moved to his home in Augusts
where he was confined to his be
for nine months and then placed il
a private sanitarium at Jackson
vile for two and one-half months
Attorney ! rtzell next called at
tention to the fact that a gamblin
house in the Wright building wa
running wide open and that tn
town marshal was but $50 fee
away at the time of the holdup, an
that while the money was hear
rafting In the street and it was
. we'll knoWn fart for uni1oc arCup