, 1865-01-25
THE MURDER TRIALS.
Jerry Welsh Remanded---The Trial OF Daple,
Ward Continned--Conelpsien Of the Eyi-
denee --Thc arguments Instruc-
T. tl0ns to thf Jury,

y Jerry Welsh Eemauded--The Trial OF Dan
il Ward ontinned--Conclrsien Of the Ey,-
'e denee --Thc Arguments $50 Instruc-
's s tlons to thu Jury.
Tho Circuit Court opened at O'Clock yesterd
1t morning. At the request of State'a Attorn
!. Reed. Jerry Welsh was ar1atcued on III. rf,r
|. Of having murdered Edward Collin, m :1onna
T. 13th, at The ealoon Of Calvin Paige, In MadIst
d street He pleaded not guilty, whereupoz ii
Z cose.was continued to the next term and tha nr;
= qner remanded To jail. Messrs e. II. Jone, =,
y John Mason are counsel for tho accused 49,
~ ~ II mn1;a9 N Mas reeaaed Us witness in tt
The intercourse between myself and decease
ba at ea f. Rts aRg ss a@est
Ing The wouns greater tim usually | a;tendfp tgG
, the t injury Of the integuments, when sa: aske
fss eef we f!0a1a rspisd phsthsr thai he Ee
LEFT TIE inference there thai be would die; subse
sad an t. ut T. hard to M
that it "as indeed hard Inever held ont ~ H.
;hy encouragement as to bis recovery thin!
,Ia4n hsMas e1ne during al the period i saw him:
o'clock On he afternoon Of the day be died. A''
tt!feHan 1tn. E. 1etler, s,aoT1.-I huvc h,,,
fonceman since August 2sl; on The l5ln Of ~. H.
walked up southwards on CLARK street on a.
west eide Of the street; when opposite IN I'D III
neaIa the discharge Of . pistol; turned ronn3
wss John srnes nj nanje W,Id 9a .san saia h.,
his side; went over AZ quick as could se,r ~
IG ad !. II hd iae hand Of TIE deten !ant Ward; be
gscsnse ! did not know for certain WIN shn;f
iierney; Tierney lay On the sidewalk with hi. IL.
nond mpd oscr T.. h1s stomach: said he was shot:
Ward and with two ohers, took him IN fhe so
PIE standing BY faid Ward and Ierney bdth H. :.
" nohn m sogsther tust previously SO ordered him
nskedP h xbo 9s, g that
dent; he ea1d %'no such thins;" then Wari a1sst
&C. e. agTn @ sta{rs IS be started Tierney sid Ward
jumped into his buggy soldier drew rsn1n Masa
the soldier told Wad &c dd not ston 1ne ae E
inquired who shot Tletuey; Ward rsnle5 s.tess
ct mind that's all right, we drove 10 tho cornor
of Clark and Adams streets, and thence to tie nr
pistol in H. b right pansloons pocket; an empty
S,os., % E1esiaSd-it = was impossible for one or
to carry him; saw Waid hive pistol: S5
put It IN hts pocket; Ward was one Of thssa VIM %
hslped M @ to @ TX up Terney IT my order; suspect
when Ward got into the buggy he aaid rornetaine
With reference to the doctor, but aaid nutainss
about going himself for the doctor; Tierncy's
receipt for It; Iicrncy lived In Jersey Civ. /,
have been in 5a with the accueed since The afses.:
heye ne spoken With him three q four times.
for the defense VAS
Gerard FaoH--Am phyafc!an and surreon.
nave pracnsed 1o5 t"enty-e'sht ye:rs in wound
look Tor del1r1um; wounds penetrating thc infcs.
tines are liable to produce deliriun,: trivial
wounds wounds ,, oitep produce dellnnm; when mine
escapes 1nto the abdominal cavity 1t Is liable to
cause instant death by Inflammation; | did not see
11etney. and knew nothing Of his condition at
death or nt the inquest; in wound such IS Tier
lingering death the exception
~. HtrdM H1H:fT strorA--In wound euch as
T. stated % to have been received BY 1ie1aey, the
ball would enter the right lumtMr region, pass
through the umbftcal region and make ia rxft At
The le't lumbar region, and II the bladder were
hars the colon IN cases Of active pesitontds
always anticipate del1r1um j; never saw Ticrney.
either before Or atter death: have known bsil
and aito to perfoEute Int one
~ ~ shtpdrd strorH- i recognize the signature
o. s,lmsn .: Alien lawyer Boston. Mss, ap-
II he certificate WIS ruled ont, and the cvidcucc
declared closed, whcEcupcn the Court adjourned
Address OF TIE STATES ATTORNEY.
1n addressing tic jury, States Attorney Reed
said he ehonld dctain The jurors but short tims.
Lie prepared 10 give an honest statement or the
evidence. One proposition contained tht essence
OF the charge. Viz: Whether or not Wari NJ
TENDED to kill Tierncy when be drc tie fatai shot.
The charge IVES serious one, AID The iury had i
ellen %s1S saS t. {. s4aey Tqfy qsyy sx @
custd were rs sacred IS The rights Of the people.
The frequency OF murder in Gllicaeo should not
a T. he slightest degree influence tho jury Mr
detail and eioeed by stating that IN bis Judgment
the prisoner WIS guilty Of murder.
ARGUMENT OF TEE nErESaE.
NJ. John Mason. counsel for the accused, opencd
You are called upon to render your declsion
in accordance with the evidence only. No saspi-
SSons; h9wsyeE t., moral
mann ingredient Of murder is malice: manslaush-
ter is The result Of a:sion without deltDeyation;
]nsti6sbe hopiside IS The act Of taking life IN
venture is where one person kills another In doing
lawful act without Intention Of killing. On the
based the dcicnss Of the accused. An act docs not
constitute crime; intention must be. coupled
with it to constitute erlminsl scriou. in crinl-
nsl cases The Jury are Judges Of both the law and
Ward and Trerncy had beca driving together al.
pistol rom hls pocket, add asked him for Il Nasd
charge exploded: The ., ,ins declarations Of Tier.
ne s5 en5 ana 1he lay
would Tue contradictory staicments u A wit1ss,
On On The stand ::ou :ac rawlings of ae,irIoas d.
II *; ;.sr, yon arc asked TO bars verdict which
oirer evidence for conviction. The intention is
the tnr1ng point in this casc- doubt will Justify
suflty unjrss he entertains cy3m;n,1 a.
In concins1on NJ Msson state 9h,e ta
assigned to The defense Of the prisoner, and AaI
IL thentcd tbc in,o.s -, ~ ise o. IcNa.d.
tfe sdrsress sndcn-nm1tted 9hn cnsStn ~ ;.tsn -
lie Is entitled to :rca. credit Tor the alit,iy and
earnestness with which he has defended s:lc ac-
crsed.
cLos1So AEorNEsr OF TIE rRosEcr11oS,
oaea9 Inv e9fsn IN ~ Malg9Ment q me Prosecution WAS
mindful Of he fet iha thc scsnsa nv. w H. 40, ~
man, and charged with the highcS5 c.;mc
kno%n to rs law. As God w1s his Judge, lc de-. |
s1Ieo insa u lnnosenf not one sair 81 his head
see legal, rational reasoat 10 doubt Ii. guilt Of
The Prisoner
The Law ordered that malice should be implied |
vocation Mas thoWn- = d5!ns declaration. VIII
.ionoy reliable nr S1ta testified that 1ierney
trtat1,etf~ 1'elney bad identified Ward as iig
!s.tosI ase, a1T 11 naa 9ade DYING declaration to
tnat ;n, as ,st Nas conclusive OF guilt,
-,,,' CHANGE TO TEE jury.
JIE..e Williams then CHARGED the inrv in sph.
q the part or the prosecution the ;ury were
chfged that If they believed that Ward sIInt Tta,
nc with malice aforethou.ht il was the,r dntv in
rnder verdict Of guilty. N''' ~
% faliy consider tie Question Of mslice II
tion with the affair. N ~S''''eS'
der, maue1auchter and e1cusaSIe honicide a. ny" r.
DC question 81 lhe dying decissnti%on % Of Tisrneq
mece nen e 1ae - sane {nls ose
auy sentence Of the Gcc)a,aIion Wcs, incomn;.,a
It should be thrown uut t1so1'laetet
sheh 6our the rg 9'K !cpared defsIf to
1naLe to agree and the Conrt WA ad,nrrnoI - ~
o'clock this morning. ~ '' "4' S('''D'oe' 10 .
REcnurrrxa-Rectu1ts arc comi,o IN s1or,v
Whether Ibis be The rcsu,t ~ ts,o ~.