, 1922-04-10

bert Walker. convicted murderer 81
! mike witness chair here and told o.
the staying OF Louis Failer, taxicab
driver. by himself and Earl l. Moss.
on trial for the crime. In his atti-
a hope that II his testimony might
serve to send Moss to the gallows. he.
himself. might hope to be saved from
that fate-a fate he has faced since
his conviction las fall OF murder In
the first degree. with no saving ciause
without capital punishment" attached
TO the jury's verdict Should. hat be
his hope. and should Il prove 20 be
a hope well founded. only executive
elemency may bring short b develop
mcnt no desires. for the verdict in his
as means that he must be sentenced
to death en- the gailows, the court
Of trial having no alternative under
the law. That sentence was not long
ago pronounced was due to his willing
less TO act as n witness for h state
in the present trial
Moss heard Walkers damning testi-
NOM without visible emotion He
tared continuously at the man on the
witness stand, seemingly bent on gaz-
ing him out of c-ountenance. but Wal
ker returned his stare without a sign
OF ombarrassmtnt- Throughout the
ordeal for Moss his mother. Mrs. ]
WIlhoyt OF Louisville, Ky set with
her arm across his shoulders, lending
the solace of her cares to her boy"
now barely - years old and lust past
is when Failcr vas slain
Walker related how he and Moss
soldiers Of the Fifteenth United States
cavalry. stationed at Fort Russell. had
planned to desert and had stolen two
army automatic pistols with tho in
tcntion of using them to hold-up n taxi
cab driver that they might steal his
automobile and use IL in getting away
They had no thought of murder in
that connection he asserted, nor had
they any especial taxicab driver in
mind
Failer, himself. Walker said, settled
whose taxicab was to be stolen and,
incidentally enrolled himself as the
victim of the murder. not at that mo-
ment contemplated. While he and
Moss were walking about. Walker
said. attempting TO decide what driver
they should approach, Failer accosted
them with an inquiry regarding wheth-
or they desired a taxicab. They said
they did and employed him 10 drive
them 'out into tho country"
When they had proceeded I've miles
from Cheyenne, on the Fort Collins
road. Walker testified. he engaged
Failer's attention by offering him a
cigarette. Walker was seated beside
the driver md Moss occupied the e
seat of the car. Failer's hands wcr'
engaged with the steering wheel, Wal
ker said, so Walker held a match to
the cigarette which Failer had accept
ed and placed in his mouth. At that
instant. Walker continued. Moss struck
railer across the forehead with the
ariel OF Moss gun. The automobile
climbing a hill and as Failcr LOST
ontrol under the shock OF the blow
the machine started to run backwards
down tho grade. Walker leaped out,
he said. and Failer followed n stag
gered away from the car, fumbling
dazedly at n pocket.
II thought he might have a gum"
Walker said, 80 I fired He doubled
upon his hands and knees. Moss got
out of the a and walked over toward
Failer. He took n shot at him ane
missed. Then he shot again and Failer
sort o. rolled over on his side"
Neither h nor Moss touched Faile-
after he rolled over, Walker said, but
at once got into tho car. which had
stopped at the vol of the hill and
fled into Colorado in the machine. later
/. in North Denver.
Walkers statement regarding the
cigarette which Failer was lighting at
the moment he was attacked was sub
stntiated by testimony of preceding
witnessts, who related that a cigarette
one end slightly charred. had been
found inside Failer's Goa This Gig.
arctic vas introduced as an exhibit.
Walker underwent a p%rotracttd
cross-examination as calmly as he had
testified under direct examination.
The trial was continued Saturday.