The Washington times., 1929-06-03
GOV: SENDS
SPEC|AL.
JUDGE
: tcontInued trom FIrst Page1


beaten stains of the man who
spends his time in the open.
In asking for the recess to talk
20 witnesses, defense counsel de
clared that they had no desire tC
avoid going to trial at this time
They insisted that the only thing
which prompted the request was
the disappearance of their two vital
witnesses, Paul Phelps, driver Of
the car in which Kendrick was
riding when he was killed. and
Sterling Dutton, the third occu'
pant of the car were in the court
room early. They will be the back
bone Of the prosecution.
After the conference with the
witnesses, Attorney Widner an
nounced to the court that the
defense felt it could not proceed
and renewed his request for a
continuance. Judge Buchanan sug-
gested the possibility Of obtaining
affidavits which would tell the story
of the missing witnesses. Defense
counsel conferred and then Widener
named the second missing witness
as Otis Smith.
He started to say "on the night
Of the occurrence two cars started
from Meadow View" when he was
interrupted by an objection by
prosecuting attorneys. 1t was then
decided to take the matter up in
chambers.
Have Not Been Charged
widener's remark intimated that
what he wanted to prove by Smith
and Lloyd was the condition Of the
three boys, Kendrick, Phelps and
Dutton on the night Of the murder
The contention of the officers is
that they were seeking Phelps and
Dutton on disorderly conduct
charges. However the boys have
not been arrested or charged with
any offense since the shooting.
Announcement that Peter ]. Dav'
export, for more than eight years
commonwealth attorney for Abing'
don, had been retained in the case,
created a sensation in this placid
little town OF 5000 persons, al
Davenport, held to be the best
criminal trial lawyer in the com
munity, took his place at the trial
table with the commemorative at
torney and two other eminent mem
bers OF the local bar retained. by
the family of the slain youth.
It is understood that in addition
to the Washington alumni interest
in retaining Davenport, because
young Kendrick was a student at
the college, several prominent local
citizens subscribed to have him
appear in the case.
Judge Withdraws
the shooting resulted in the suspen-
sion from office of all three Of the
defendants.
has been engendered in the towns
people by the shooting, great diff
Guilty is being encountered in find
ing a jury. Public discussion de.
clares that everybody in the county
has an opinion.
The extent to which public feel
ing and factionalism are bearing on
the case may be judged by the fact
that Judge H. c. Stuart, of the
regular Washington county circuit,
has refused to try the case, with
the result that Gov. Harry Flood
Byrd named Judge A. C. Buchanan.
of Tazewell county, who opened
the proceedings.
Court Is Crowded
The trial opened today with the
old colonial court house swarming
with residents Of the nearby COM
munities and with virtually the en-.
tire population Of the town under
the old trees which flank the build
ing. The farmers of this prosperous
section parked their automobiles,
alight6.1 with their families, pre-.
pared for the trial with capacious
luncheon baskets.
Outstanding, even above the diff
Guilty Of obtaining a jury, as the
trial opened was the vigorous battle
expected to be waged by counsel
for the defendant officers for a
postponement Of their ordeal until
the regular fall term Of court.
McReynolds. Grove, and Worley
are represented by George Warren
and Emory Widener, of Bristol, two
Of the leading attorneys of south.
west Virginia. On the opposite side
Is Fred Parks, commemorative at
torney for Abingdon assisted by
William A. Stuart and j. M. Barker
Of this town, the latter two having
been retained by the family of the
slain youth to aid in the prosecu-
ton.
Young Kendrick was shot to death
while riding with two other youths
on the Lee Highway just outside of
Abingdon. The other boys are Paul
Phelps and Sterling Dutton. Phelps
was driving the car with Dutton sit
ting on the seat between him and
Kendrick. USH
A short distance out of town, &C.
cording to the story told by the
young men, they backed into
driveway in order to turn around.
The motor stalled, the car stopped,
another machine drove up along.
side. and then the shooting started.
According to buttons tale, the
car containing the students got
off down the road in hail of bu!.
let's. None Of the boys spoke after
passing the barrage, but finally
Phelps is supposed to have turned
to Dutton and said, "see If there
Is anything wrong with Kendrick,
maybe they hit him"
Died During Night
Kendrick was slumped over in
his place, unconscious from a bull.
let which had pierced his head.
His comrades hurried him to an
Abingdon hospital, where he died
before the night had run it's course.
A tourist who had witnessed the
shooting Is said to have telephoned
the Washington county sheriff but