| Show JUROR ns VOTE OIL TO Or ViT i. i THE NE RO DAY i iJohn John IL H. fJ ker of Mm Declares edres Dec res That Thai H d d e ovi What hat ie e Now lie He Would I ve e n Ag Peni fin Dec sion Tod Toddy V. V I i would have held out until my dying da day against Days Day's eon conviction if jf I had seen my Iny duty as I see sec it now declared John H. H Walker of Union before the state board of pardons Walker Valker was as a member of the jury which convicted convicted con con- Day of Murder Day is now under sentence to be shot next Friday A final effort to secure commutation of Days Day's sentence sentence sen sen- tence fence is being made before the tile pardons board in in the supreme su su- su- su preme courtroom om today todar The Tile board probably w will wiil ll announce announce an au- its decision late this afternoon The declaration of the fOl former ner member 0 o the jury jury- tt Glea created ted a profound impression il NO FEWER THAN FOUR ATTORNEYS ATTORNEYS APPEARED BEFORE THE BOARD THIS MORNING OF or DAY GEORGE M. M SULLIVAN OPENED THE HEARING FOR THE I PETITIONERS A. A 0 ELLIS JR IAL ALSO O TOOK AN ACTIVE PART IN INI INTHE I THE EXAMINATION OF THE TUE WITNESSES WIT WIT- F NESSES AND OTHERS WHO VHO A ASSISTED AS MISTED lUSTED WERE WALTER VALTER W. W v LItTLE LIT LITTLE LIt LIt- I TLE TLE PERSONAL PEl COUNSEL O F FO FOR RUSSEL RUSSEL- G. G DAY AND or Mrs 1 Jf r R H. H Walker made mado a J. J pIe plea in behalf of Da Day SUe She declared l c I I nm To o not Ji bc-Ji e this thi man Dlan is a 11 criminal I would a allow 0 m. m my little b boys nt to go o anywhere with him bim today toda and anil m I would know they were WE're in Rood good O Ol l hands W Worked Against Day Among mon the things told 1 before th the board were several everal stories of Days Day's kindness 6 It was also tl o Rt stated by onn orn witness that Mrs Vo Yeas Voss s has has- hasI endeavored den I to i force foree rte persons person to testify against Day Da- Behind it u sill ill it was hint hinted d that a n secret society ha has i cau caused ed many many of t ti witnesses witnesses wit wit- I In n nesses es to tn be he bin biased pd in their testimony I and that many ninny o of tIme the essential details of the shooting were not brought out outon outon I on account of this society An effort was also male made to show that th Joe Ware ono one of the principal wit wit- os against Day Dav had t testified falsely false false- l I ly and 1 that hat ha lie hind desired that Day Day- bo ho killed because se Vo Voss Vosa heon belonged ed to to the same lodge with him hint nn an and l also that hat ho he was ml jealous of Dav's Davs attentions to his hous housekeeper keep r Mrs rs Yarber Dr Simpkins Simpkin's Plea The Rev Peter A. A Simpkin pastor of Ph Phillips Con Congregational church and the Rev Rov John H. H Allen AHen a n negro ro Baptist minister made mado strong addresses in favor of a commutation of oi sentence Among the spectators w were re Benner Beuner X Smith Feud n fon J J. W W. Houston Warden Arthur P Pratt Patt att and William Wil Wj- Ham liam M. M Rash flash Among th the negroes present were verc the Rev J. J J S. r. r Bell U Bob Houston and Mrs frs H. H H H. H Voss widow of the tho murdered man Not Premeditated After Arrer outlining what would be bl done before the board this morning mornin nov fey Sullivan called for the tho first wit wit- ne ness is Ho no was John II IL Walker He lIe testified that he sat as 38 n a juror in rn the i Day Dav case ease and that the first first time he hc hall hail the case caso with nn any of the attorneys attorneys at at- torne s 's was last nj night ht Ho lIo was then asked aske whether he beLoved believed be be- Loved that the shooting of Voss Toss was vas premeditated premeditate an and he lie replied that as He lo Houn un understood premeditated it meant more than the time impulse u of tho the moment and that tant therefore he lie did id not believe e the shooting was premeditated The shooting ho he declared declare wits was on tho im impulse mm- mm pulse puse 01 ol the tho moment The witness declared that on the time first ballot all a agreed upon Days Day's guilt with I tIme tho he c exception 0 of Walker r. r Why Walker Gave lu Iu U After I 1 had stuck out for a long longtime longtime longtime time JJ said aid Walker V the tho the instructions in in- of the tho court io to mc me As I understood the instructions no one ono should unnecessarily stand tao out against the uther other men As is it it was as shown to mime me I thou thought ht it was as nn mY my duty whether I believed in hi this verdict or no not I should agree with it h t the he r rest t 1 would havo o held out to mv JIl dying day if I had soon boon nI my duty as T f s see o it now i J I claimed that the shooting was not premeditated and I do st still Il maintain main mainI tam tain that I Mr Ir Walker Walk r declared that the tho jurors nr argued u that it n as the tho wish of the of-the the pub pub- lie that Day Dav bo ho sentenced to death and that unI this was complied with there would woul bo be considerable fault fin find find- ins jag ing Negroes Testify I Bert rt C C. C Council 4 45 15 Graber n cn avenue a negro rl related a cor conversation he lIe had I with loe Ware are one sif jf the tho states state wit wit- I in tho the ca ease case In thi this a- a tion he declared that Ware Wan said salli to him himI I the v trial tria that he hail haili i made a I. I ft statement and would change nothing now Ho lie declared that according according ac ac- ac cori cording to Wart Ware Vo Voss Voss' sha had been t called into the tho house to settle a dispute lie He further declared that h hi lIo told Ware it was funny funDY that a man rom would come up p and kill kil another without warning but buL J J s that Ware Warl did not Dot r reply p k 1 When Mrs Mm-a Council was called to tore torl relate re re- r late what hat her husband had told her the tho f board informed her that thaL hat unless ss she ami 1 her bmw hu husband band agreed that she ho could Rhe need not nott testify As s the thc rule relative e to husband and wife testifying y was vall brought up Jp they went to the hail hailand balland hall ball and unable to agree arec and Mrs Mra Coun Council l did not testify Had Mad to Keep Secrets M 31 31 also 0 told pf Ih relating to him hun his his- conversation 7 1 Ware yare Prom From what Council said lh Ike witness t testified he ho was as led to infer that something transpired transpire in the room between Voss and Day the he shoot hoot shooting In ing mug OC occurred Hf UP declared that on account of the relations fraternally between s Council and Ware Wl that Warn was guarded in his remarks He asserted that Council told him hint that if it t was l knOwn l wn that ho had told told- any of the secrets of th tim lod lodge c it would could eal cause a disturbance nc j. j On further examination Swine declared de do- dared clam that Mrs Voss h hail had l f forced him to togo too go o with with her hr to a newspaper re oO 0 to Xe provo prove that ho was liol connected with an article written against J Voss Ho Jie err a averred d that the tho attitude ot oi Mrs s. Yo Vest hall hail prevented tIme tile attorneys from irom g getting get get- t t- ting at the inside facts act in the c case e. e I Witness Against Day Mr Mrs Edward Edwar Walker a negro woman worn wom an stepped forward at nt the request of Mrs Voss She declared that Da Day would get Jet H crazy drunk 1 and was WIS otto one of them bulldozing men muon When hen pinned down own she he admitted that s she he had been requested to be Je present by 17 Mrs Voss and had been told tola what to Ekl toy say f During Durine all the mouths that he worked for mo muo he never thank drank a drop so eo far as I Could oud see declared Mrs Mm M N. N J R. R Walker who next boxt appeared before before be be- fore foro tho the boaT board One VOne One thing that has hag appealed to mo nie in this ease case 11 has been boen Da Days Day's s love for children My y o owr own little ones ODes said to me inc this morning Mamma wont won't t you vou VOll speak to tb the governor ami not let let ef them kill Mr lr Day Dayl During all the time he ho was with me roe I never heard him speak an unkind or a cross crossword word H I r havo have no reason for appearing here except that I b believe e justice should be bo done I do not believe it has been done lone in iu this case |
