Imperial Valley press., 1929-02-20
JURY MAY
GET CASE
BY NIGHT.
Arguments In kilgore
Case Expected To Be
Ended Today.
ATTORNEYS SUM UP
Defense Counsel Plead
For Acquittal With State
Asking Death.


cuscd in Judge A. c. Finney s court
of the murder of Frank BARLEY on
the BARLEY ranch December %, will
probably be in the hands of the jury
by four o'clock this afternoon.
District Attorney Head began
the closing argument for the state
shortly before noon and was ex-
pected to finish this afternoon, fol
lowing which Judge Finncy would
instruct the jury and give the case
to them.
cray Kilgore lied on the witness
stand,' Heald declared, "when he
said that he was in a trance. He
went out of his way to stay on dry
ground that fatal morning. Ray
Kilgore is a black perjurer-that $
what he is, a black periurer.
Head referred constantly to pie
lures used by both the defense and
prosecution and attempted to con
vince the jury that the first shot
fired caused death and that the see
ond shot was discharged into 4 dead
body.
In frantic attempt to save the
youth from the gallows, Edgar b.
Hervey began his argument to the
jury at $3.50 yesterday afternoon.
Hcrvey followed Utlcy, associate at
torney for the defense, who talked
from O'Clock until $40. A short
recess divided the two defense argu.
ments.
Ladies and gentlemen of the
jury Hcrvey began, ''would you
see a boy put to death because he
killed the man who debauched the
body and killed the soul of the wo'
man who walked into the 'Valley of
the Shadow of Death to give him
birth!
"Mr. Patterson pointed out, be
lievc. that by killing BARLEY the
youth left the widow to fight it out
alone-to go through the rest of hcI
life unaided.
"Now l ask you, ladies and gen
tlemcn, what would this poor woman
have done when her husband left
her to 90 into Mexico with Mrs. Kill
gore and the three kiddics! And
what would have become of the chill
drcn if they were brought up under
such circumstances?
Chides Prosecutor
Hervey constantly chided Patter
son for phrases of his argument, par
ticularly one wherein the deputy dis
trct attorney had said that sit
would have been to the distinct ad
vantage of the district attorney :
office to find witness who woul'
shade evidence. -
Patterson made the statement
when referring to the testimony OF
George Wright, which was Later
contradicted by Clayburn Poole, als'
a deputy sheriff.
Hcrvey painted colorful pic
turc of boy just out of college
who. upon returning home, Learned
of illicit affairs between his moth
or and a man who had been frienC
of the family for Is years.
"Who wouldn t have been in
sane" the attorney screamed
"who could have remembered every
incident from the time of the moth
er's confession to the time justice
was done-and it was justice!" "
:" THE Wages of Sin is Death ;
and thank God BARLEY saw tn
paymaster.
As Hervcy began his address
hush fell over the courtroom, tn
spectators moving to the edge o
their seatd and remaining ther
throughout yesterday afternoon
session.
Mrs. BARLEY or Mrs. Kilgore di'
not appear yesterday afternoon.
Kilgore, who has maintaine'
composure up to this time, burs
into tears as Hervey spoke of tn
children, and the father, ever,
mlrr.le of his body tense and fist
clenched, tip-toed from the room.
When court opened this morning
Edward Hervey resumed his argu
ment.
81 am not pleading for the lif
of Martin Ray Kilgore, the murder
cr,' he declared, 81 am pleading
for the execution of God s Law
Wasn't the Mosaic Law 'The Adul
terer Must Die2
AS Hervey told the story of tn
first meeting of Mr.. and Mrs. Xii
gore years ago, the father burst int
audible sobs and as the birth o
each child was brought to light
young Kilgore, face drawn taut
wiped the tears from h:s eyes.
Ernest Utley, who prccede
Hervey in the defense argument, re
peated Bartley's asserted "lov
speech" to Mrs. Kilgore.
"He said that he would rathe