Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-20

The court met at nine O'Clock yesterday
morning, when the argument in behalf OF
the State was opened by Albert T. slade,
ESQ. HH8U5 EoJ
Gentkmen of the Jury: After a long and
patient examination of this extraordinary
case we are now drawing our labors to a
close. This is case invSlving the highest
consequences, not only to the prisoner, but
to the community. Subsequent develop
ments have fully sustained the position
taken by the prosecutor at the opening.
AGAINST the prisoner at the bar, we can have
no personal feeling, but we must deal with
him as a criminal who has committed the
highest crime known to the law. The Pris-
oner has had every lenityshown him by the
Court; eminentscounsel has been assigned
him and nothing has been left undone to
e~xtenuate his great offence But while
every man is presumed TO be innocent till
proven guilty, when once shown to have
violated the law. then TO waver in convic
ton is treason to duty. The highest sane
ton is necessary to protect life. For the
frightful increase of murder, robbery, and
other high crimes there must be some cause.
What is It? 1t is because when crimes are
detected there is 30 much uncertainty Of
punishment. There is even admiration for
a great criminal, after the momentary ex-
element has passed away. The people
every where are asking if a man can be
convicted of the crime of murder in the
first d0sESS IA ohieL
Now, What is the crime oIlasad against
the defendant The learned prosecutor has
stated that it is the highest. crime known TO
the law Of the State. Let us now turn to
and examine and review the law and evil
denee in the case. 4fs4- yI2
What is the crime OF murder? In the
common law of England murder was the
taking of life by q man in his right mind,
with malice, &c. In our statutes discrimi-
nation is made. Murder in the first and
second degrees and manslaughter are recog-
nized. Murder in the first degree is the
taking of the life Of another with delibera-
ton and p~remeditated malice. Murder in
second degree is the taking of life purposely
and maliciously, with or without premedi-
tated malice. ITO constitute murder in the
first degree under our statutes, the act must
be done purposely, deliberately, premedi-
tatedly and with malice. =
The advocate entered into a definition and
analysis Of these terms, purpose, delibera-
! ton, malice, &c. Authorities were read, as
follows, to show that " purpose " means in
t%ention, the making up of the MINI to COM
nit an act WhartOn's american Law on
Homicide, PIP. 1856, SIS; Wright's Ohio
Reports, p. 59g.
The second element to be considered is
deliberation. Fermentation may be ranked
with elaboration. It means to weigh, con-
slider, revoIye in mind, an act before its ae-
complishment. The following authorities
were cited; Wharton on Law OF Homicide,
PIP. 372 ga; Wharton's American Criminal
Law, pp. 376, 413; Twelfth Ohio Reports,
State Us. Shoemaker, PIP. As, So; also, State
Us. Turner. y44
The third ingredient is malice. Wharton
on Homicide, p.aS3, was read. There are
two kinds-expressed and implied. In the
first there is a lying in wait to commit the
act, and the committing of it with sedste,
deliberate mind, and with a formed design.
The evidence is circumstantial In the Sec
ond the act may be perpetrated or consum-
mated while the person is doing another un-
lawful act.
This will suffice for the statement of the
law in the case. Of the fact of murder by
this defendant there is no question. Let US
now turn to review the evidence in the case,
by way of refreshing our memories. (The
indictment was here produced and read.)
By this time the courtroom had become
densely crowded with ladies and gentlemen
of all classes of our citizens, who hung on
the lips of the advocate. The defendant sat
near his counsel, and was deeply interested
in the proceedings. He has the same quiet
bearing and deliberate manner which are
characteristic of the man.
The advocate commenced with the seduc-
ton of Tamzen Parsons, an unsophistieated
country girl, whose youth and ignorance of
the world uIadv her ----~f +his
cool, calculating man. He narrated the
fight to Pittsburgh, the marriage, the pur-
suit of Haynes, the discovery by Tamzen
that her husband was a bigamist; his arrest
and trial, his incarceration and her return
home; his sudden appearance four or five
months later, and immediate attentions to
Tamzen, telling her he had sent away his
first wife that he might take her (Tamzen)
to live with him in Cleveland. He detailed
his subsequent actions; his breaking into
Mr.. Parsons house on the night Of the
25th of July; his visit to DR.. Wray
at Warrensville, the next day, ask
ing him if. he had a pistol, and say
ing, on Wrayis asking him what be wanted
of it, =" If that DID bitch don't stop calling
herself Mrs. Hughes, I'll kill her; his
stay at the Plank Road House that night,
and his remarks to Mrs. Eddy at breakfast
the next morning, Wednesday, the
10th, "Pity it hadn't blown her
id brains out and saved me the
some time" in response to Mrs. Els
telling him that Tamzen had had a ball re-
Gently pass through her parasol; his drive
TO Bedford that morning and statement to
Salisbury, that che must hunt up Tam
zen, and if she won't live with me III kill
herr his trial before Justice Porter the next
Saturday, for the crime of house breaking;
settlement of the difficulty with Tamzen,
the mediation of Mr.. Henry Par
and Hughesl solemn promise never to
nave more to do with or to say to this girl
ais violation of this promise within two
veeks-au this going to show the thread of
he intention in Hughes mind to kill this
as an alternative. He was not intoxi-
.ated when he made these statements to
Mrs. Eddy and Mr.. Salisbury, and from
hem we can see the latent purpose, the alb
thought of Tamzen, the desire to
lave her live with him,a and his forming deep
ming intention to slay her if she refuses to
with his request The murder, the
light and capture were depicted with great
pictorial and dramatic power. The precis- .
on with which Hughes fred, aiming at
vital peint, his taking money from Rus
ell as be left the carriageEin fight, and his
IN to the woods to reach the cars, his cool
less after the capture, and the statements of
Intention by defendant on the ride to the
ity, show that he was in his right mind, {
the murder was a deliberate rational {
ct. There is nothing to show that he was 4
n a frenzy and in such a mental state as to !
make him irresponsible for his acts.
The advocate then entered on the consid-
ration, How far the question of drunken
should enter into the palliatiOn or nit t
CATION of crime. Ifs man has formed the 1
to commit murder, it makes no diff
renee if he became drunk before com-
hitting the deed. The case of the |
'eOple vs. Rogers, Smiths New York Re b
p. 10, was cited in confirmation. f
The court adjourned till two O'Clock P. N. t
So AFTERNOON SESSION.. :
Court met at the appointed hour when :
Ir. slade continued his argument reading =
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