Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-23

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He was debating whether it were better to
go "there" that night or wait till morning.
He had failed in one nocturnal vista
ton. he would try His fottHhe in day
light. They stop at the hotel. 1t is
not corroborated that Hughes drinks much
the next morning. They set out, see Mr..
Christian in the street. Hughes sends for
him, with the remark, "That man cost me
$50" 1t was he, her warm personal friend,
who brought TamZen into the city to file an
affidavit against the Doctor. 1t shows that
he was brooding over this matter. He evil
IDENTIFY wished TO learn where Tamzen was,
whether at his house in the village or at
her fathers, SO as not to lose his journey.
They drove on, Hughes ordering the driver
to turn to the left, on the road where Mr..
Parsons lived. He sought a private inter
view, believing il in his power to revive her
love for him, he meets Mrs Christian
at Mr.. Parsons house, and learns that Tam
zen and her mother are gone blaekberrying.
When she tells him not to trouble himself,
for Tamzen has set her affections elsewhere,
he looked "venomous," and drove off toward
the Plank Road House. Soon meeting the
| object Of his search, Hughes orders the
driver to stop. The women would not stop,
but he followed on, overlook them and par
legged about matters of receiving papers,
giving checks on the bank, &C., as q rGse to
throw Mrs. P. off her guard and gain a pri-
yate talk with Tamzen. It is refused.
Robinson coined al6ns ii 4, wagon, and will
take the women home. Hughes parleys,
an interview is refused; he tells Tamzen he
will live with her if he has to hang for it.
No one else shall have her if he has to
swing for it. She still denies him
an interview; he puts his hand
to the pocket where this pistol was,
but catches Robinson's eye, drops his hand,
and as they drive on walks back to his car
rage, and thence to the Plank Road House.
He needs stimulus, he falters in his pur-
pose. They drink, and post back to Krum's,
opposite Parsons house, ask for Parsons
family, and, learning they have gone to
Bedford, Hughes says drive on to Bedford.
He goes first to Christians shop. Why?
To find out where Tanzen is, whether at
his house, having rode to town with his
wife, or at Joseph Haynes. He accosts
Mr.. Parsons and asks him to drink. Why ?
To learn where Tamzen is. Just then he
spies her going to Christians house and gives
pursuit She was alone. Here and now,
or never, wal opportunity TO see her alone.
If he fail now, his final ato#ed purpose
mHst be s&eSdtsd. ehe HES, be pursues,
she says, 'fNo, l will not stop" rushes
through the gate opened by the boy Chris
tan, which is then by him closed. Hughes
draws his revolver, cocks it ere he reaches
the gate, opens it, speeds up the walk, and
within ten feet of Mrs. Christians open
door, lays violent hand on Tamzen's shout
der and fires. She utters a cry so piteous,
it would have melted a heart other than adj
amant. He fires again, and Tamzen's spir-
it scars to where the wicked cease from
troubling and the weary are at rest.
TIE speaker detailed the flight and cap
ture with graphic power. The GOODNESS, the
run to the woods for the railroad, the mani
fold declarations of the prisoner, testified to
his saneness ofmind after the murder. He
continued
Now what crime has. been committed
has any?. We admit and accept the burden
of proof as to deliberation and premedita-
ton of this act. By five different declara-
tons, four of which were made when sober,
viz. TO Wray, Mrs. Eddy, Messrs. Salisbury,
Parsons and Robinson, we establish that de-
liberation We have shown it by the circum-
stances of the act, and by the declarations
of the defendant after his capture.
Now what is the defense2 It is hard to
tell. Is it Insanity No one swears to it.
But it was uncomfortable impulse, say the
defense,-to WHAT lover They cite 0thel-
los love. But the love of the noble Moor
was an honest love. He never committed
forgery. Was it drunkenness? That was
no excuse in the eye Of the law, the purpose
to kill her having been proved to have been
formed two weeks before. If drunk, as
claimed, he wrought himself into a frenzy
by drink as a means TO an end. But nobody
swears that he was drunk. He was cool,
collected, deliberate. The fact of intoxica-
ton, not the amount of liquor drank, must
be proven.
The speaker proceeded to consider what
were the mental states of the defendant,
what inspired his acts, and named desire for
an object, disappointment, anger, Jealousy
and revenge as springs of action, discussing
their power, natural operations, effects, con-
sequences, &C., and showing by his exercise
of these, as well as by a consciousness of
the act in all its bearings, his full memory
Of all the details, that the defendant acted
like a rational, not an insane, being and
this view is supported by his prior prepare
tions and conduct, as well as subsequent
action. Did he know what he was about ?
Was he mistaken when he told why he had
done the deed2
will not stop to speak of the himsy fab
ric reared OF his appearance the morning
after his arrest, and talk about deiirium
tremeHS. He was excitedj it is claimed he
trembled aad looked wild. All ! we can
imagine what the horrors of that night
would be to his guilty soul. We can i'm
agine in his dreams, if he could sleep at all,
the ghost of his murdered victim passing
before him, as did the vision Of his murdered
victims before the guilty Richard Oh the
eve of Bosworth Field, and, like him, in
terror he started in his ftful sleep, exclaim-
ing:
90 coward conscience how thou dost afiict mel
1t is now dead midnight
Cold, fearful drops stand on my trembling flesh.
What do 1 fear? Myselfi There's none else by
Is there a murderer herO' No-yes I am
My conscience hath a thousand several tongues,
And every tong ne brings in a several tale,
And everytale condemns me for a villain.
Perjury, perjury in the highest degree;
Murder, stern murder in the dir'st degree;
All several sins, all used in~ach degree,
Throng to the bar, crying all-GUILTrl Guilty. ~
After abiding to the degrading character
of this defense, which would go to make the
human will a Whit of smoke, which cannot
resist temptation on occasions, the advocate
SAID
PRAY, gentlemen, what will make murder
in the first degree? What, by your verdict,
will you say? That two weeks delibera-
ton, five declarations of fell purpose, the
purchase of a pistol for the aYowed purpose,
declaring motives and doing all ordinary
acts resulting from such motives, exhibiting
motive, reason, deliberation, will, conscious
ness, and, after the deed, clear memory, de-
scribing the act with coOlness-if all this be
not murder in the first degree, pray, h
is it2 Is there such g crime possible2
Gentlemen of the jury, my duty is done.
1 fully appreciate the solemnity ofthe issues
that crowd thickly as l entrust this case to
you for the performance of your duty. l
coniure you, resolutely, solemnly, and firm
ly do that duty. The consciousness of hav-
ing SO lone will be an abiding consolation.
The serenest reflection you can have, in af-
ter years, on recalling the scenes of this me
morable trial, will be the conviction that
you here did your duty, responsive to
the solemn obligations of your oath to
render a verdict according to law and the
testimony. And when these walls have
crumbled, when judge and jury, counsel
and spectators, are gathered to meet the
dread arbitrament of the future, may you,
each, be able to say in reference TO this
case, as I now can, l did my duty.
On the conclusion of Mr.. Palmer's argu-
ment, Judge C~ofinberry proceeded to charge
the jury. 1t is a model charge, SO simple,
SO clear, so utterly free from bias, prejudice,
or partizanship, that it must command the
admiration of lawyers everywhere. We APP
pend a portion of it, reserving the rest for
our evening edition.
MEASURE OF proof.