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Show ONE BIRELLf FOUND GUILnii Convicted of Robbing Kirk Grocery. I Proprietor Identifies Mairj B Who Held Him Up 'S With Gun. Attempt of'Defenso to Prove Alibi It1 9 Futile Other Brothor to Be ' H Tried Today. I "U'altor E. Burrell was convicted of rob.'- fi bory by the Jury In Judge Armstrong-, '9 court yesterday Ho was found guilty 0" fl having on the night of November 0? S 1S04, robbed John Kirk at the point 0f" fl rovotvor. Ho and his brother Edraira4 fl wero accused of tho crime Edmund ni' fl bo tried today. Both brothers were charged on the samo Indictment, but on fl the motion of their attorney, a. P. Arm strong, thoy obtained separate trials : fl Tho robbery took placo at Klrk'i B grocery store at tho corner of ThhJ ' H South and Fourth West The two broth. W ers wero caught soon after tho commit.1 H ting of tho orlme. Thoy wore arreitM ?Jf by Dotoctlvos Chose and Burt. John. P Kirk positively ldontlflod tho men as tha- 4J criminals. A good case was presented by the State vIuT Tho testimony of John F. Kirk, the vo- SM tlm of tho robbery, -was the most conn vlnclng. The defeneo attempted to mdHfli I? an alibi for tho prisoner The BurrellScJyi claimed that thoy wero at tho Council XMi saloon during tho tlmo whon the robbery V. was taking place This evidence wng eon' troverted on cross-examination by Dlj. f trlot Attorney Frod C. Loofbourow. i 3. P. Armntrong, in his dofonao to tbi W Jury, ploadod that the ldontlrtcatlon of l Burrell by Kirk was unrollablo. He said Ml that Kirk was undoubtedly frightened' te when tho robbers came in and poVeil & Mt gun undor hia nose. Undor tho clrcum- t stances, said the attorney, any other men S3 who might have been arrostod would We have been similarly identified. , Dotootlvos Chase and Burt tentlfled that W thoy had found the men drinking In su 80 loons soon after tho robbery hnd been K? committed. The attornoy urged cm tin ' Jury that It was unlikely that men, after If committing a robbery, would Immediately H como up town and show themselves. if. The District Attorney, on tho other W hand,j- reminded tho Juryj, that the Ti. dence for the State was unshaken. Th Identification wns positive and It wu ' ,.it shown by the ovldonco of Thomas PriUt- : A ard, bartender at the Council yaloon. ' r that tho Burrells were not there btttrwn I f tho hours of 9 and 10 o'clock This -svaj y the time when Kirk's store was robbed. '-: The Jury deliberated only a short tin and roturned tholr verdict. The lurorj ' who trlod tho caao wore tho Rev Elmer I. Ooshen, John Lollln, R. A Badg-cr, S. jt "W. Walker, J R. Birroll, Kola Paulion, 2 C J. Dangerflold and J S Crane. On Frl- ' day at 10 a. m. tho prisoner will be sn- 'f tenccd by Judgo Armstrong. ; It Is probablo that an apjeal will b V taken. The priflonor's attorney took ex- m ccptlon to several rulings of the court. 9 It Is expected that tho defendant will lit move for a new trial. If this la not (f( granted by tho District court, an appeal in will bo taken to tho Supremo court. mh |