Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-12-19

ers.
They say to me, if Hardmar
didn't do it, who did. | vii
leave the answer to the detective
from Cincinnati | don't know
and you don't Know, from thi:
evidence, who did it or ever
when it was DONE"
! Ii Hardia Smith Did the truth
Mr.. Muir said, the. jury would
have to .lisbelleve IL persons.
Referring tc the testimony OF
Ed Mckee, negro farm hand
who said he saw Fox and Hard
man on July "a about sunrise,
making The date by a check for
hay, the attorney said the check
told nothing but the date the hay
was sold.
Answering the. charge Of why
the defense did not introduce
Mrs: Renallcr, he asked why the
prosecution didn't. There she
sits" he said why didn't they
Introduce her: They have the
same right l have"
NJ aury Kemper, common
wealth attorney Of Fayette, and
specia! counsel for the prosccu-
ton, made the closing plea for
the commonwealth. While pad
special attorney, he said there
was not money enough in Ken
tucky to make him prosecute a
man he thought innocent.
Every accusing finger, he S. id,
pointed to one man, and no suspicion
pointed to any other.
Renaker, he said, was seen after he
returned from Cincinnati
He said he didn't hesitate to say
that he believed KreiS and Ringo told
the truth about crossing the ferry, but
said he believed Hardman and Fox
also crossed it. He said he believe
Hardin Smiths story that the barge
moved to take over two pairs. He
said the testimony of those at the
dance there was, he was certain, hon
estly given but might easily have been
incorrect.
at IS proved beyond any doubt" h
said, "that yonder on the CIintonviI.e
pike, Dodge roadster, with Sc bee
HarGman in it, leaning on his hands,
passed"
He said there was no reason to doubt
the testimony that Hardman and r OK
were ct the river and were OFT in the
early part of Tuesday morning on
July 25th.
"Wc don't dispute" he said, that
Fox and Hardman did very much they
said they did that Monday night"
He made much Of the original state
ment of Reese Fox that Fox had noS
been in the presence Of Scobee Hard
man that night
He declared that the testimony Civ
en- by Fox in itself showed that Hard
man demanded Fox to change
story told him what to say.
Not a single witness, he said,
the same story Hardman did about
what happened Monday night.
He said, somehow this boy '.wh
they are so anxious to point cit
so young" had Strange fascination |
for women older than he, if they ha
'The man who committed that chine
knew that house.
"If men on juries are going to turn !
men loose on their own testimony we
might as well do away with courts of |
Justice" Mr.. Kemper declared.
Judge w. R. Shackelford instructed
the jury to find its verdict on the mur>
der charge, giving no Instructions en-
the conspiracy accusation.
The instructions Of the court given
just before Judge James G. Denny of
Lexington, attorney for the defense
and its first speaker, began its argu. |
ment at 11:15 o'clock, follows:
"First-If the jury believes from
The evidence beyond a reasonaol |
doubt, that in Clark county and be |
fore the finding of the indictment, tn |
Scobee Hardman, 'jfully |
feloniously and with ma
ice aforethought, struck Leon Rem
aber with deadly weapon; that is, f;
weapon calculated to produce death, (
when and in the way pr amnner il
which the salre was used and tho !
from such, striking said Renaker die |
then and there die, they will find toe |
defendant guilty of murder and fix |
MS punishment at death or confine- !
ment in the penitentiary, for the per. /
iod oil i.is life in the discretion Of the |
jury.
"Second-The word 'wilfully,' as us |
? il. the first instruction, mems 'in-!
tel tionally,' and not accidentally; and |
inc phrase, malice aforethcuSht' i'm |
plies a predetermination to do
act without lawful eXcusc. |
and it is immaterial how suddenly o. |
such predeterminaton was
formed in the mind.
"Third-Unless the defendant has
been proven guilty beyond reason
able doubt, the jury will find him no
guilty"
Judge James Denny began his adj
1ress with statement that he doubt !
ed if a crime ever caused more atten-
5ior on the American continent.
GAS the commonwealth said in it's j
statement" Judge Denny said, "the
character of the crime so shocked the !,
Wednesday, July 26th. tha. i
their blood ran icy cold. l never knew
i case of the taking of human life
that so shocked me with the malignity |
behind it.
"Yet in this case / call your atten-
ton to the statement of the commons
wealth tkat this was a money-making
I