Evening star., 1931-12-10
POWERS Jury GETS
FINAL INSTRUCTION
Judge Discusses Verdict as
State Starts Summing
Up Murder Case.
BY the Associated Press.

q
CLARKSBURG,, w. Va, December
10.-The legal battle over the life of
Harry r. Powers ended today, as the
last witness left the stage on which the
alleged mass slayer is being tried for
the killing of Mrs. Dorothy Lemke
Northboro, Mass, divercee.
Judge John G. Southern immediately
began to instruct the jury. He defined
the various degrees of murder and man.
slaughter and told the jurors they had
the right to convict Powers on circum-
stantial evidence alone
He instructed then TO acquit him II
they believed Mrs. Lenke was not killed
in this county or II they decided the
defendant was not in the county at the
time of the Staying. He listed the five
Yerdicts possible as:
l. Murder In the first degree.
2. Murder in the second degree.
3. Voluntary manslaughter.
4. Involuntary manslaughter.
5. Not guilty.
State Sums Up Case.
F1rst-degree murder carries a SEN
tence Of hanging unless the jury rec
ommends life sentence.
w. @. Strathers, assistant prosecutor,
launched into his closing argument.
This is one Of the most sordid cases
we ever have known" he said. I'VE
are all playing part in terrible melo-
drama. Powers either should be ac-
quilted or the shades of eternity for
ever should close about him.
s His crime startled the civilized
world. 1t was heard from coast to
coast. We never have had such a crime
In this State and, I doubt, in the whole
country.
The man who committed this afro
cious murder was not killing to protect
his home, family or wife. He was
moved by greed, desire for money"
Outlines Story of Crime.
Then Strathers outlined the events
leading up to the Staying.
Evidently he is the type that preys
on women, single or widows" he said
as he told OF Powers matrimonial bu-
reau activities.
Get this picture: Here is man pos
ing as prosperous ranch owner from
the West, as a civil engineer building
bridges.
He goes to Massachusetts and gets
Mrs. Lemke and tells her he Is going
TO marry her and make her happy and
give her everything her heart desires.
Think OF the infamy of man at a
time like that, planning to do away
with her and take her widows mite"
Blames 1.-TWO Friends
Powers was placed on the stand yes
terday and blamed the Staying of Mrs.
bemke and Mrs. Asia Buick Eicher of
Park Ridge, Ill, and Mrs. Eichers
three small children on ''two friends"
Charles Rogers and q Cecil johnson
He attributed the beginning of his ven
lures with matrimonial agencies to
trouble with his wife the woman who
has remained loyal to him since his
arrest
In rebuttal the State sought to break
down this alibi by presenting rs wit
ness Mrs. Alice Bartlett of West Union.
w. Va, who testified that Almost a wear
ago she met Powers under the name
OF Charles Rogers and he had at
tempted to make love to her.
Powers testified he never had prom
,seo 70 marry Mrs, Lenke, but took
ner 10 unlontown, Pa, on q vacation
from him by johnson.
Can't Euaiuate N.mber.
He was unable to. estimate the num-
Der OF women ne had corresponded with
through matrimonial agencies.
Two abb letters were exhibited to
the jury today. The missfVes aIleaedlv
were written by Mrs. LerakA to Powers
and were introduced by The defense to
support its contention THAT abe was
stolen from Powers by The mysterious
Cecil johnson.
Charles Flemming, Worcester, Mass.
brothef-in-law of Mrs. Lemke. was
called as State rebuttal witness. He
qenied the two letters were In Mrs. |
Lemke's handwriting.
fed no letters to Powers from Mrs
Lemke were found In Powers home or |
garage. T
Il. +. Jones, farmer, and his l2-year-
olo grandson, Harry Degler, were re-
called for cross-exar1ination about their |
STORY OF seeing Powers July 81, when the |
oeiendant claims he was In Hagerstown, |
Md.
Boy Quizzed on Weather.
The boy had explained he was sure
roast up on the hill' and the next
morning he had read an account of the
corn roast IN the August / issue of a
local morning newspaper.
Law handed the boy the paper. The
witness was unable to find the account |
What kind Of night was it?" Law
asked.
replied IVY
Law then read headlines from the |
paper about hail, rain and lightning |
storm In this section the previous night
MRS: Ada Thompson, who also had
TOLD OF seeing Powers July 81 near here,
also saio II was fairly clear night"
Inc state concluded its rebuttal. The
first sur-rebuttal witness was Georue
w. Bland, who told OF terrific storm
tne heaviest rain I ever have seen" on /
july 81 - N-eN' w