Douglas daily dispatch., 1927-08-23
ASHBY'S FATE
PUT IN JURY'S
HANDS MONDAY

The fate of Elvis Ashby now rests
in the hands of the jury, having
gone to them tonight at 4:30 after a
day spent in arguing the case,
AT the convening of court this
morning James T. Gentry, county
attorney, opened the arguments With
a short talk which took only 80
minutes. Gentry reviewed the high
points in the case which would tend
tn bring a conviction. He stated that
Ashby did not shoot in self defense,
but that it was murder and first
degree murder should be the verdict
returned. 8&&E
Frank Thomas, counsel for the de-
fcnse, then in a stirring plea put
the facts before the jury as he saw
them He pictured the defendant,
a mere lad attacked by boy superior
to him in height, weight and strength
and receiving blow which stunned
him, defending himself as best he
lcould. He brought out the fact that
q man does not have to be in
danger of being killed when he pleads
self-defense, but if he is in danger
of great bodily harm he has a right
to defend his person, even to the
point OF taking human life. Mr.
Thomas also went over the points
pf the case as testified to by the
States witnesses. He made much of
the fact that Miss Blanche Lambert,
state witness, had not been put
on the stand, becouse her. testimony
would serve to help the defendant
When Thomas had closed his talk,
Alexander Murray, defendants at
tcrney, then gave his argument, he
too, reviewing the high lights OF the
testimony. He pleaded that Ashby
had shot in self defense, because he
had been struck three times, Gilman
was towering over him, and the crowd
was surging in, he drew his gun and
fired to protect himself, for no other
reason. He stated that Asnby harI
bored no malice toward Gilman anG
that II Gilman had not interferred
in the quorrel there would have been
no fight and certainly no killing. He
TOO asked that the jury acquit the
defendant.
j. D. Thompson assistant prosecut-
ing attorney, in the last arguments
answered many of the accusations
made by Murray the holding out of
Miss Lambert, for example, and
stated that the defense mad been
at liberty to call her to the stand.
He said that they-4aad been straight
forward and fair. .,iE their prosecution
and did not thinEstiae jury could be-
lievei otherwise. He. also argued that
the defendant shot, not in self. de-.
Tense, but because he intended to
kill, ending his. argument with the
statement that the jury should, if
they saw the case as it should be
seen, bring III ahverdict of guilty.
3 In giving his instructions to- the
iurJ, judge Sames explained to them
the difference between, murder in the
first degree and tnanslaughter He
told them that il they were con J,
vinced beyond a, reasonable doubt that
Ashby was guilty then they should
bring in such a verdict, but however,
if the state had failed to make them
believe, beyond a 7 reasonable doubt,
that be was guilty then they Should
give the defendant the benefit of
the doubt.
The charge to the jury consumed
25 minutes, at which time the jury
was taken out by the bailiffs and
the alternate jurors excused.
The jurors who were scheduled to
report this morning upon the con-
yening of court were excused until
Tuesday morning at $50.