Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-19
KENTUCKY TO ASK
DEATH IN Staying
Six Prosecution Witnesses
Face Quiz Today in Kill
ing of Deputy.
Nv the Associated Press.

BY the Associated Press.
MOUNT STERLING. KY, November
19.-Although prosecuting attorneys did
not ask prospective jurors the usual
question regarding their attitude toward
capital punishment, the commonwealth
plans to seek the death penalty in the
case of William Burnett, Harlan County
coal miner on trtll here on a charge
OF Staying Jesse Pace, Harlan deputy
sheriff.
The jury was selected and IA wit
nesses heard at day and night sessions
yesterday, leaving only six prosecution
witnesses to be heard today.
Burnett Is charged with murder in
connection with the fatal shooting of
Deputy Pace at Evarts, Harlan County.
April II. Pace was slain when he and
other deputies went to Evarts to arrest
several men on charges of banding and
confederating. Eleven other men are
to be tried here on murder charges
arising from a gun battle at Evarts a
month later, in which four were killed.
Yesterdays testimony, mostly that of
PAGES fellow officers, was that Pace
was shot in the abdomen when he went
behind coal gondola where Burnett
and another miner were standing. Other
witnesses were bystanders. Several
testified they saw Burnett fire the shot
that killed Pace, but others could not
say who fired the shot.
Defense counsel said they would seek
TO prove that II Burnett did fire, he
was acting in self-defense, and shot
only after a bullet had struck his hand.
Burnett was apparently nervous at yes
terday'S proceedings. His wife sat
beside him at the defense table.
Arguments Become Heated.
The defense hammered yesterday at
the legality of all the records sent here
from Harlan when the trial was trans
ferred away from the coal fields on
the commemorative claim that feeling
was too high to permit fair trial
there. F. NJ. Jones, an assistant prose-
cutting attorney, Swore the records were
authentic, So heated was the argu-
ment at one time that Judge Prewitt
interrupted to say, Don't argue with
me; I've ruled on that and 1t stands,
let's get going with this trial" On an
other occasion he fined spectator IS
for attempting to leave the court room
while q witness was on the stand and
said q second such interruption would
mean a Jail sentence.
Two women. Mrs. Ella Houston and
MIS- Helen Kelly, teSt1ned az the night
session they saw Pace fall after being
shot. The women's homes are near the
scene of the shooting. Neither of the
women said they saw Burnett fire, and
said they did not know whose bullets
killed Pace.
Harvey Daniel, 1s-year-old brother of
Jim Daniel, who was slain in the ,Eyarts
gun battle month later, in which four
were killed, gave detailed account of
the shooting He said he was the only
man in the party of deputies who was
| not an of1cer. They had offered him,
| a ride home, he testified.
Says Burnett Shot First.
Daniel said the party Of deputies,
travelling in automobiles, approached
group of 40 or so men sitting on the
railroad tracks. AS the cars approached,
he said, Burnett ran around the gon-
dola. Pace got out of the car and fol-
lowed him. +9s >ystIsa
He testified Burnett fred two shots
at Pace and the deputy fell. Pace. then
raised himself and fired three or four
times. then Burnett fired at Frank
White. the boy said.
Who shot f1rst?" he was asked
Burnett did," Daniel replied.