Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-12-22
DEFENSE REBUFFED
At HERR|N TRIAL
Judge Refuses to Order mot
Guilty" Verdict and Strike
Out Evidence
PLOT IS NOW CHIEF ISSUE
By q Staff Correspondent
of tho Evening Public Ledger

Marion, Ill.,, Dec. 22.-Judgc Hart
we'll, presiding at the first Of the Her.
rim massacre trials. today denied mo-
tions of the defense that all testimony
presented by the prosecution be cN-
cluded and that the jury be directed
to render a verdict of not guilty.
The defense made twenty formal mo.
tions, in all, and the court refused to
sustain amy of them. The contention
Of the defense was that the testimony
of the states witnesses was hcarsny
evidence and not pertinent TO the five
defendants who are on trial on charge
of murder in connection with the Her
rim riots of June 90.
IN ovcrruling the motions Judge
Hartwcll said hat he did SO because of
the state theory of conspiracy, which
called for the admission Of testimony
which did not directly concern any ono
Of tho five dcfcndants.'
"No matter who killed Howard Hoff-
man. said the Judge. 'it the jury
finds from the evidence thnt his dea h
resulted froTi u great concourse ct nc
ton of which tho five defendants were
a part. then tho jury can place guilt
upon any ono Of the units in this con-
course of aCticn.'
Defense Begins Testimony
After tho court overruled the mo.
tions, tho defense began presentation
of evidence Twenty five witnesses
answered the roll call, farmers, farmers
wives, farm lassies--and Uncle Tink
Donohue was the first to take the stand.
"Unclc Tink," is farmer, seventy
IL IL &,hita no rI
flows down his trick chest, and two
tanned hrows.
"Inclo Tink" is n character here
abouts, rugged and honest. Judge Hart
we'll calls him "Tom rcnny.' tweakSs,
his beard. and smiles "how's the old
kid" when "unclc Tink," comes into
the courtroom. and he's daily visitor.
~ nclc Tink" testified TO the 'pcace'
of the community about tho strip mine
prior to the rioting. lie lives one and
one-quartcr miles from the mine.
States Attorney Dclos Duty smiled,
and said mo cross -cNaminat ion"
More than two hundred witnesses are
on the defenses : list. and according to
Angus W. Kerr. chief counsel. II will
take from three to four weeks to finish
with them.
Defense will endeavor to show that
the killings last June were justifnhle
homicidcs. and that tho five defendants
charged with the murder Of Howard
Hoffman, one Of the strip mine guards.
did not participate In the riotinC. De-
fense will endeavOr to prove that the
guards or "gunmcn' were the aggres.
sors and brought on any attack that
wns made upon them by their acts of
provUCat!on.
Prosecutor Pleasantly Surprised
States Attorney Delos L. Duty
afternoon, ''plcasantly surprised he
said.
Tho case against these five defend
nnts IS four times stronger than I an
ticipated. And it Is the States attor.
ney's conviction, that, with one or two
EXCEPTIONS, where witnesses failed to toll
the same story they told before the
Grand Jury. the witnesses stood up 100
per cent.
I'ndcr the Illinois law there are no
degrees of murder and the jury will
be- compelled to return Il separate YER
dict for each of the defendants, and
also. il It find them guilty. to fix
III" penalty, ranging from one years
Imprisonment TO death,
Korr has been reluctant to comment
on testimony presented hy the State.
but yesterday following the resting Of
prosecution case, lie issued Il state
ncnt that hc expects to ofiest the tes-
timony Of n number of States wit
nesses in "a vigorous fashion,
I1c says. for instance. that the ode =
fcnsc will prove that the incident OF
the so.cj}lcd refusal to give water a,
the lIerrin Cemetery by Bert Grace
never took place: that while Donald
! Ewing. th" n"wspaperman, says he
reached the cemetery at 10 80. the pos.
iti"e convincing proof will show that
! tn" bodies had been removed an hou,
prior to that time"
Kerr declares defense will insist The
story IT Dr. q. +. Shipman. who de
clarcd hr Witnessed the march Of dcHtl
to the cemetery and saw Joe Caruagh
and Lcva Mann shooting there. va!
pure tnbrirntion.'
Dcfens" will show. says Kerr. that
George Nelson. who testified he saw
Otis Clark at Moak Crossing whcr'
the mine superintendent was killed
"dclibcrat"Iy talSified," and that vii
liam Goodluan, WAC testified TO hav
ing heard otis Clark shout 1--WE ough
10 take 'cm Vut and kill en-" fulAl
tied too
kcrr does not comment on the tcsti
mony If the four survivors. but ex'
presses the belief "that the case o
the prosecution has completely talle'
down.
Kerr SAYS. The defendants expec
TO move bv overwhelming evidence TIM