The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-12-11
Case Closes at 2:3O O'Clock This Afternoon
When Jury Receives Courts Instructions
Argument All In at Noon.
MOTHER IS DRAMATIC FIGURE
Testifes for Her Son William on Trial Telling of AS
sault by Her Husband Upon Herself July a.
When He Knocked Her Unconscious

law in his argument to the Jury which,
followed upon the opening argument
for the state this morning by Assist<
ant District Attorney Lewis Powell.
There is no dispute in the evidenceA
1t comes from both the state and theA
Defense" he said. "You cannot reiecta
it. The evidence is that there was AL
baseball bat in the hands of the NAM
who was shot when he was In posi-
ton to strike, and in frame of minds
to strike body blow. When has al
man to wait before he can act in self
defense? Must be wait until the club
descends, and he is mortally inj lred2
before he can defend himself? Up in
that room William could neither fight
nor fly. His father was beating az
tattoo with the club on the steps asl
he came up. There were no keys to-
the door to lock him out. The boy
had to meet the man who had lost all
control of his temper, who was like q
raving MANIAC, frothing at the mouth.
Williams getting the gun showed
his intention to be prepared. That
gun was taken with the right of self
defense and with the intention of de-
Tense. If you will piece into this
evidence some suspicion of something
that is not in the evidence, you will
throw away the presumption of limos
cence and all the rules Of law.
What Is Justifable Homicide?
nWinism ;s5 xf1ed IA get out 6s
that house and was driven back up
stairs once. Is 1t any wonder that he
thinks IS he again goes down and this
time with the gun in his hands that
he thinks, IF father sees this gun, he
will desist and let me passY But
when his rather does not desist but
comes on with raised club and cries,
You can't bluff me- and prepares to
take the gun away from his son, is
there not a reasonable fear that the
fury Of that man would have known
no restraint at all, and that the boy
would have been beaten cold and dead3S
"The man at the time was commit
ting assault with intent to do great
bodily harm: the facts have BEEN
proven. He raised the club, both theg
boy and girl testify to that, and
his threats and previous assaults
indicated the intention. He was com-a
hitting felony.
"The law holds that homicide Isl
justiAable when resisting any attempt
to commit a felony in any dwellingl
house in which such a person mayi
be- I will read you the law and
the court will instruct you that this
Is the law:
"Section 1855. Such homicide ISL
justifable; 1. when resisting any at
tempt to murder such person, or whens
resisting any attempt to commit AZ
felony upon him or upon or In any
dwelling house in which such persona
may be; 2, when committee In lawful
defense of such person when there
shall be reasonable ground to appre~a
bend design to commit felony or toll
do some great personal injury"
Attorney John B. Kuehnl summedl
up the evidence in the case for the1
defense. District Attorney Barnettl
closed the argument, doing his dutyj
by the state in urging the jury tot
consider that blood had been Spilled
and insisting that the verdict Of guiltya
would meet the facts and the evidence"
."Even if James Marshall was bad
tempered man, even IL he had beaten
William a hundred times, even If he
did assault his wife on July 4th, it
Is no excuse for the taking Of one
human life by another" he insisted.
Mothers Testimony Dramatic.
Mrs. James Marshall, widow Of the
dead man, and mother Of the young
man on trial for his fathers murder,
was easily the most dramatic figure
Of the entire trial. Her testimony
given with bitterness which suggest
ed that her affection for the chill
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