Show HERRIN DEFENSE OFFER DECLINED Comes After Longest and Stormiest Session of Ma Mae Mae- Mas Massacre sacre sacre- Trial I MARION Ill Iii Jan 17 By By the As ta An Prese Press An oCer to submit the fate tato of the fl five 0 men inca charged with the murder of ot Howard liottard Hoffman One ope ot of the victims of the Herein HerrIn riots to the tho jury lury immediately without argument argis- argis argument ment merit or In Instructions wa lrI do by the defense 1 at the close o of the states tates rebuttal After a hurried conf r rc among s representing the thu prosecution lOllS Otis Glenn assistant tant ato n Y general I announced that the state desired th the cue caseto to take Its usual course courso with aith beth arguments ar and Instructions to the jur and asked what time the tho defense wish wish- wished ed enS for tor argument w c o 0 reserve e tho the to end the tha arguments at an any time end and alit nill II mak make no promIses promise Angus W Kerr chief counsel for lor the defense defenSA declared We e also reserve O the emme f me right Mr 11 Glenn retorted and Judge J T Hartwell announced that thet tho tito argument argument ment would begin today ater aler counsel had submitted lo instructions s to him CLASH LS In offering to submit tho submit tho case nith Ith without out either argument or Instruction In an offer which came after U tie the longest and stormiest session held the trial the tho defense waived wah ed Its Ita right to call an any witnesses In The rhe completion of o t the he slates case was marked by constant by op- op opposing op opposing posing counsel 0 o over er Introduction ot of evidence by the stab designed to refute an attack atta by tho the defense on the th character of George a a farmer r and to substantiate the tho testimony git- git giten given en bv by Dr 0 F o of Herrin and Donald Ewing Ering a Chicago ne paper nena-paper paper man all three thre e o of whom were witnesses tor for tho the prosecution Contradicting witnesses for the de- de de defense tense a score of ot testified that Nelson bore a 8 good r reputation for truth In the tho community An obJection objection tion to a a question designed to shoe sho that r elon had been ousted from the church be he attended after utter a trial on a charge of ot having bating a set iou was sustained by the court In testifying for tor tho the state i eison had declared that he had seen the mob took 48 non Ulton workers mine operated by the South South- Southern Southern em ern Illinois Coil l company and ond that Otis Otis Clark dark one of ot the defendants WM was one of tho the tao h 0 men who led C K K Mc- Mc McDowell McDowell Mc-Dowell Mc Dowell superintendent ct ot the mine Il away y from front the crowd to a 8 spot where ells ell's body was found later FORMER BARRED BARKED The Tho defense succeeded In prevent prevent- preventing preventing ing K it 0 Ore Greti GreCi l former mayor Of Herrin from testifying regarding the I time the bodies of six men shot do don donn doI doat donnat n at the cemetery on Ih the outskirts of I Herrin were nero remo eo In calling Greer the slate state announced that it ex- ex exI ex expected I to pro prove prose e that ti tie e 0 bodies ore not removed d until about 10 o'clock the I morning ot of the nots the testimony previously given gien b by E En that ho had been prevented gi- gi gh giving ling ing one of ot the wounded n-en n a a drink Ewing testified that he 1 leached the cemetery about 10 30 o'clock that I morning but said he lie could not nol fit the time exactly He lie said that ho he had left letl MarIon Marlon nine miles from the cemetery cemetery In in an automobile about 9 o'clock o state witness Joseph the only survivor ur of ot theix the six lx ix men shot at the cemetery said that the tha shooting had taken place shortly after 9 o'clock and that he was WILS removed to the hospital hopital about an hour later Monday ee witnesses tor for the de- de de defense testified J that the bodies bodes were remo ed about 1 I 30 0 O o'clock Two T 0 wit wll- wit witnesses nesses who drove e ambulance from Marion Marlon to the y said eald that they had started at exactly e 9 o'clock o of about the time Ewing I l testifIed he Ile had started and had rh etl at the scene about 20 minutes later I SEe SEEN SEIr r U CEMETERy CE Judge Hartwell ell sustained the ob- ob I to Greer Creer it II testimony on the grounds that it was not 1 evl- evl evi evidence hence dence but should ba ha havo been Introduced by by the Iho state tC before It rested it case caso tile lIe said that th the blate states version was visa I already before the jury in the testimony mony of Swing Ening and Dr who testified that he was an J of ot the tho killing at th tb come come- tery and that it took place shortly latter I after 9 o'clock I three witnesses called call d by the slat state testified that they had cern Dr Dr Shipman at nt the tho cemetery at about SO Previous witnesses for tho do- do tense do-tense tense had lUIse ted that Dr Shipman Iwas I was in his office and antl could not have bave been b been en at the cemetery at the time of the sla Slav Ings and that they heard beard him say that he ho did not see the shooting but 1 was nas as seeking the 1 leward eward On One of the states state's witnesses de- de declared de declared dared that he had talked to Shipman at the cemetery at about o'clock land and that Shipman had hod said to him bin after looking at the bodies bodies- l 1 hats hat's pretty Lad bad ho tho t ho did the shooting I Joe Joo Benson CAshier cd at a Rerrin Herrin bank also iso was called by tho state and testified that Dr Shipman was nas in the bank with Mavor Malor Ala or Pace Paco of Berlin Hen In at al ala ata ata a time he was nas as alleged by the defense e eto to have base had a 0 conversation con with ah Pace the la d l wa d 1 i Benson Denson testified d that he did Id not 1101 I I know knott the t two 0 had a coiner conver com conversation er cation and did n overhear v what nhat hat they might said hive |