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MURDER CASE GOES TO JURYTlFinal Arguments Heard in . Trial of Wake Smith on . Murder Charge.VERDICT EXPECTED TODAY(By Staff Correspondent.)' AGBION, Ind., OcL 31.—Tbe caso of the state against Wake Smith, 25, whose trial for the alleged murder of Ills, brother, Clark, was given to the jury In Judge-Biggs' court here, at 10:45 o'clock this morning. The Jury was Instructed that one of six verdicts could lie returned. A verdict of guilty of first degreo murder, which carries a penalty of death or life Imprison mont, may bo returned or any of the following verdicts: Seconddegree murder, which carries a Penalty of life Imprisonment: manslaughter in Ivo degrees, voluntary and Involuntary, either of which carries a penally to bo fixed by the judge: not guilty of tho whole charge; and not guilty because of unsound mind.Tho final arguments were heard in tlio ease this morning, Attorney Grant, counsel for Wake, closing his side of tho case with a flow of oratory which seemed to affect atl members of tho Jury with the execution of one, who persisted in chewing gum.Prolocutor - Clarence Finley asked tho Jury to return a verdict against ■Wake- He naid.that he did notw«nt Wake to go fro**, as ho is of unsound mind, and'he dbos not wish to *oe him roar a;-fam|ly. Ho asxed that Wuko bo sent to prison, and there, ho sold, ir he is found, guilty to bo of unsound mind, be will be placed in the insane ward for treatment and wjtt still bn under the Jurisdiction of prison'olficiuls. . - * . HiAttorney Grant argued that Wakn should bo sent to an institution for tbe Insane for treatments. 1 to cited Instances- where- Walto in tho past had asked for .admittance to an institution of-this kind, and had never been accepted. At tho time that ho wan discharged from tho marine corps ho was -scheduled to enter-.an .Institution Of this kind In Pennsylvania. but beratiisn tho physician wti» examined Win , became confused In train schedule^, Wako 'never reachedSeBAjHreshoiamknlt;E.W.train minv'm ♦**«*■th»‘institution.The state argued that Wake should not lw sent to an institution-for the insane Tor treatments, :»«. after serving there for six months, ho would ash for an insanity inaucst and might at tlint llmo pans mental tosts and be freed, prosecutor Finley said that ho might after he was dismissed again become of unsound mind and would marry and rear a family which is objectionable to tho state. , Witnesses Examined.tbUmphroy M. Smith, father of Wake and Clark, the dead boy, was tho principal witness examined, Ha la a flno figure of a man. On tho witness stand ho told of his struggle to keod hts little family together, recounting the happenings of the tragedy. He .boro down upon the fact that Wako had always been strange and had n| wanted to bo treated for hla raontal jH trouble.Mrs. Frank-Blaskie was culled. Site Rpoke crisply, telling how Wake mme to her homo on the morning of tho shooting atid asked for a gun and ttoo shells. She refused to frlvo hint the gun and called her husband. Mrs. Blaskle was shown tho gun and Jden-tifijed it as tho oito belonging to her husband.Mr.Blaskie followed his wife to the iiland and corroborated - her • statements, only adding that ho askod Wako several times what he wanted ta do with the. sun. Waka Insisted, that .he wanted it to shoot a ground 1 f hog,Charles Black,, tho sheriff, said that during the six months In which Wake had been in.the Jail that Waite had disturbed periods in which hla face would flush and ho would, get trembly and nervous.■ T-'fcd ' 'Camphelt, for whom Wake ■ and'-his -father worked, fbld of the .Ume .when they were buzzing wood, jand Waite had periods of niisiracUonc iomo O. G. Neebetl. a’young man who• • i is -a- neighbor-, and who was one of Wake's- friends, was called. He said that Wake was .subject to queer apoils, but ho never thought Wako r—_ was'Iiwane. Under cross■ q nestioning riT i,allt;i that- ho thought Wake was • a nice fellow and they iind never bad any trouble. When Jfeshclt was excused ho looked at Wake and they smiled cordially ' at • each other, a smile that rippled around the court room.Clarence Maw ho rlcr said- that ‘ Wake had stayed at his homo for several days when be was employed ' thorn.Tried to Help Wake.. . Ono of tho pleasantest parts or the taking of tho testimony. Monday tiftiirjiauii was tho hearing tho brief .statements of Dr. John W. ITa.yes. He said ho had tried to help Wake and bad written to tho government with an.ideiLd to getting Wake into some 'institution for treatment for .bis mental trouble. lie admitted that he was interested in Waite because Wake had seen service, oven though TVs 1co never got into the world war. Ffo did not continue jo io examine .Wake, but in the passing moment that he saw Wake, oaia that j he thought the hoy tvitx “odd.” \The examination of the vetenui 'physician, concluded the testimony.Bodycant;iueslast Dor-I)o-rntt. ) the and fter-11 beIs a dine, ’ Mr.
Newspaper Details
Fort Wayne News Sentinel
Fort Wayne, Indiana, US
Tue, Oct 31, 1922
Page 20
Full Page
Clipped by
Shawn D.
USA 27 Jan 2025
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