The Wilmington morning star., 1947-03-15
DEFENSE MAKES
PLEA AT TRIAL
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deliberate and premeditated
murder.
He detailed the events from
Saturday afternoon preceding the
alleged Staying on Tuesday night
at the Ganey service station in
Seagate, and explained the law
on first degree, second degree and
manslaughter. He reviewed all
of the testimony infinitely, and
said that Ganey hao attempted to
evade all questions while he was
on the stand yesterday morning.
HE (Ganey) knew Henderson's
car when it stopped under the
shed Of filling station that
night" King said. HE knew he
had forced Earl Morton to induce
Henderson to come to the filling
station. He knew what he a
going to do when Henderson ar
rived.
'Is that premeditated? Is that
malice aforethought? Gentle
men, what more do we want? he
asked.
Morton h a d purchased a c
from Henderson earlier, and it
was on the pretense of seeing
about the title that Morton said
he had called Henderson in Jack
sonville under the alleged threat
of Ganey. When Henderson
arrived at the service station
Ganey allegedly shot him before
Henderson got out of the ar.
King said, "We are not up here
hollering to take this mans life.
We are here considering a man
who has shot and killed another.
We have laws to uphold. We have
a society to protect. Are we going
to smile at crlme?"
Midway his argument to the
jury, King referred to the defense
attorneys as "conspiring to put a
gun in Henderson's'' hand at the
time of the shooting.
Goldberg, his face flushed,
jumped to his feet and objected.
"I have listened to that long
enough" he declared. Judge Will
liams told the jury not to consider
that phase of the argument.
King referred repeatedly to
Ganey's demeanor and testimony
while he was on the stand. and
asked the jury: "can you sit there
and listen to his (Ganey's) testi-
mony and believe him."
He said eve are going to
protect our society from going
down to hell and aggregation.
This is one OF the worst cases of
first degree murder I have ever
seen. 1t was deliberately planned
and executed"
Sinclair tore into Kings argu :
ment by declaring that this is
not the wors case of murder l have
ever seen. The worst cases die in
the gas chamber. This mar is not
going to die in the gas chamber"
Sinclair also summed up first
and second degree murder and
manslaughter for the jury and
launched into an attack OF the pro-
secution's allegations that the de-
tense had changed '"tactics in the
middle of the stream"
"You knew" he said, land we
knew and the state knew that our
| argument would be based on self
defense. We resent the states ar
gument that We changed defense
in the middle of the stream"
Sinclair, with preparation
streaming down his face, began to
describe the Saturday night and
Sunday night which Miss Ganey
spent away from home in the
company of Mr.. and Mrs. Earl
Morton and Henderson. Ganey be-
gan to mop tears from his eyes.
He described how Ganey came
into town Tuesday afternoon pre-
ceding the alleged shooting that
night and found Mr.. and Mrs. Earl
Morton in the bus station before
they were to depart for Wilson ito
see about buying a farm
Il suppose they were too drunk
to talk about farming on Saturday
night when they were in Wilson.
They bought whiskey in Whining
ton, and stopped in Snow Hill and
bought more and a case when
they got to Wilson," he said.
THAT was a fine bunch of gerani-
umns for his daughter to be with,
wasn't it?" he asked.
Sinclair attacked the testimony
Of Jasper Westbrook, who sat in
the car with Henderson wien he
was allegedlv shot bv Ca.1ev at
being unworthy of consideration
He said that Westbrook was 2
"professed liar and now was un-
der Indictment in Fender county
on a charge of perjury.
Sinclair said that he w.s -.
prised that the state had eyen
used Westbrook as a witness ave.
though he was an eyewitness e,f
the alleged Staying.
Goldberg opened his two h,x
address at 5 O'Clock by declaring
that this is beautiful because Of
its manifestation of justicr he
cause it brings to this temple Of
justice IL men to sit in iudgmant
OF this mans life"
He declared it was no 1a,ghing
matter, and no time for levity h,at
u Is the most Serious moment
u enls mans (Ganey's) life"
ne continued to preface his ar.
: sul1leht with the assertion th.+...1