Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-08-16

STATE OFFERS NO
FURTHER REBUTTAL;
AL|IBI IS Chief ISSUE
Verdict Tonight Thought
Possible.

Charles Town. Aug. Is. John
Wilburn, on trial here since Mon
day last for the murder of Deputy
John G. Gore. OF Logan county, last
August during the armed march.
may know his fate tonight. Closing
arguments, with two and one-half
hours allowed each side by the court
for the summing up, were started
shortly before noon today, and the
expectation was that the case would
be given to the jury before the even
ing adjournment A verdict tonight
was regarded as not Improbable.
This morning, the state announc.
cd it would offer no further rebut.
tai evidence, which closed the pre-
sentation of evidence for both sides.
Instructions, prepared over the night
by counsel. and following largely
those submitted and granted during
the Rev. ]. y. Wilburn case, were
offered to the court, argued and
those which the court deemed prop.
er were granted. Judge Woods be-
gan reading these at 11,30. Argu-
ment followed Immediately, Attor.
neys John Chain, Forrest w. Brown
and A. M. Belcher, speaking for the
state. and Attorneys j. M Mason.
1r., II. w. Houston and G. G. Town.
send, for the defense.
Abb Ia Main Issue.
The chief point in the case, 1t was
conceded this morning, Is the SUIT.
lciency OF the evidence OF the de-
Tense for the alibi which Wilburn
pleaded Under the instructions
granted by the court II the evidences
presented by the defendants mother
and sister and three friends, declar-
ing that tho defendant was In or
about the home at Blair over tho
ysrlod when the killing of Gore
took place, is sufficient to raise =
| doubt in the minds Of the jury or
any one OF the Jurors as to the al
legation that Wilblrn was on the
mountain with the murder party, the
| jury must acquit him, although the
jury may not believe the alibi to
| have been fully established
Attorney Chain, arguing first for
the state this morning, went over
the instructions and stressed espec1
tally the direction Of the court that
| it was not necessary for the jury
to believe that John Wiburn fired
the fatal shot in order to find him
guilty OF first degree murder, the
instruction declaring that his pres
ence with the murder party was SUI.
fcient to convict him.
Defense witnesses brought here AT
the states expense and who. the de-
Tense announced this morning, will
not be used in the Walter Allen
treason case which will follow the
Wilburn proceedings the first OF
next week, were ordered excused
this morning by the court.
Defense Case Short
The defense closed It's case yes
to-day afternoon without introduce
ing substantive evidence or any
thing but the alibi defense. Ever
EFT Early, continuing on cross ex-
animation after the noon recess,
was questioned closely as to the APP
pearance Of John Wilburn the NOR
ming he saw him but could not re-
call details 1t was brought out,
during the states efforts to ascer-
tain whether the Wilburn defense
| lldI DbtH uIbtuSptu aiming Lno VIII
nesses, that Early had met Wilburn
at Harland, Ky, after Wilburn and
other members of the Wilburn FAM
lily had fed the state, Early being
| in that region hunting work. Early
and Wlburn discussed the armed
march but Early denied that he
| told Wlburn and his brothers then
! that he had seen John in Blair the
morning Of August 3lst
Asked by the defense how It
happened that he was not indicted
| in Logan county for his participa-
| ton in the armed march, Early said
! he assumed it was because his
name was not on the company pay.
roll, he understanding that the pay.
! rolls were being used as the basis
! for finding the indictments He was
! a check Weighman at the time and
said his name did not appear with
the others.
Attack Brinkmsn Testimony
The defense launched another
/ vigorous effort yesterday afternoon
through two witnesses to impeach
/ the testimony of Jack Brnkman,
state star witness. Jess Workman,
Of Ottawa, who said he knew Brink
man and saw him often during the
troubles Of that period, testified he
saw him on September first at the
depot at Blair and that Brinkman
told him there he (Brinkman) fired
the shot that killed Gore and that
he displayed there $40 in cash
which he said was Cores money.
Yesterday morning the record in
the Rev. Wilburn case had been
introduced covering Brinkman's
testimony on this point in which
he positively denied having made
the alleged statement to Workman.
]. w. Harris, of Clothier, who
knew Brinkman. testified he saw
him at the Blair depot on August
31st, after the shooting on the hill,
and that Brinkman there told him
OF the fighting on the hills that
/ dndua6 hohipd