Unwritten Law and Self Defense Pleas Win Bryant Release

Children of McFall Man, on Trial for Murder, Support Him and Turn Against the Mother.

Bethany Republican-Clipper Wed, Jun 01, 1932 ·Page 4

The combined pleadings of the unwritten law and self defense served to win freedom last week for W. Virgil Bryant, McFall man charged with murder in the fatal shooting last Christmas day of a neighbor, Asbury Johnson.

Bryant was tried at Albany, with the selection of a jury being made on Monday of last week. The trial was concluded Wednesday, the jury returning its verdict at 6 :00 o'clock that evening after three hours of deliberation.

The Stanberry Headlight said of the trial....

"With his children clustered around him and giving him every aid, Virgil Bryant went to trial at Albany Monday on a first-degree murder charge in the slaying of Asbury Johnson on Christmas day. The murder took place in a road about 4 miles west of Pattonsburg.

"All of Bryant's children have been at their father's side in the case. Mrs. Bryant, subpoenaed by the defense, was not used as a witness in the case after it was said she refused to testify in her husband's behalf.

"Not only were the children clustered around their father, but four of them were used as witnesses by their father in building up a defense for the slaying. The defendant, himself, and the four children, comprised the defense.

"The state put on 21 witnesses in presenting their evidence in the murder trial. There was little for the state to prove, Bryant had murdered Johnson and there was no dispute in that part of the trial. There was a dispute as to the time that elapsed after the two men met on the ill fated Christmas day happening.

"There was a furthur dispute as to the pattern of shot made by the gun with which Johnson was killed. In rebuttal, the state proved that the pattern of the gun, at a distance of 10 or 12 feet, the distance Bryant swore he was standing from Johnson when he shot him, was only about two inches in diameter. The pattern of shot on Johnson showed a greater distance.

"Virgil Bryant was the first witness put on the stand in his own defense. Bryant unfolded a tale of a home broken by up by Johnson's attentions to his w...(paper is folded here. assuming wife? For a period of almost six years, (paper is folded, looks like another article covering some of this article words?) said these improper relations (paper folded) Johnson had engaged....two or three fights...and a short time prior to...threatened him with...14 year old daugh-...Artie Bryant...William Bryant, 19 years, Wayne Bryant, 17 years old, testified for their father. ....Mr. Lockwood has been assisted in the case by Sam. T. Evans, prosecuting attorney of Daviess county. Attorney Chas. E. Gibbany of Albany in charge of the defense of Bryant, has been aided by Attorney Chas. A. Miller of Bethany.