, 1866-02-08

evidence Eow IL a9a1nst Kennedy. lie would have
Maioney'e houte md he does not remember o1kno.
Wch il was VI ho returned dEst. It might hare becu
Ffpan and II might have been Kennedy. Both were
equatly guilty IN the eye Of The Law present, in
lie s7etnitY, ncr enough render ND ifit were
nClrrA.
even when CoSbett and F1c ming attacked the door,
and did not eyen know whether the shots were fred
within or without Even II be had realized
10 expose h,nseaf to their w7a.h aud
deadly wrnponf by interfering. with their dest.n:
The same reatons oI personal tear which preserved
him sitter the commission Of the crime he could
not he expected 10 be any braver than they in that
sespect. The counsel then cnsnishea big argument
CITIES" who merely sat upon iufies to convict In
accordance With wat they Knew TO be The wishes OF
The officers Of The lay 10 whom they looked Tor en-
poyEnent md plzccdtn biliiAnt contrast with them
The honorable chs1at1crof thcfnrT here empanellct.
honest xistnou& farmers. The counsel then begun
one aose ~6o iii H. ~ Keaneg
poor md had never en5oyed the brighter side ol
iie- White erEared IN this portion Of MS arru'
joIrnmcnt Of tic conr7 until Two o'cfock. whcn b
eald be wonld coon tulsh hs Speech the inaln por-
lion Of hte argument being now In. hnt he so suf
ccc< 1t this time
The. court accordingly adjourned until twt
O'Clock.
4
The Coun resumed stt session pursuant 10 nd
3ournment, ut tuo o'clock, at nhfch time, In pres
cnce OF a yesY large audience. Mr. Van Atman, at
tprncy fos the defence eunt1u1ed bis address 10 ths
| Jury. The facts. be tald~ were 80 tew and e1mpts
that lengthy di>cu.sfUu would be unnecessary
sud he would. therefore, make hut 1ew additiona
| remarks lie expressed his expectancy that grea
dca! would be attempted 70 be made bT the prose
cutfon out Of the tact Of 'hc conotaimcnt OF tht
crime attcr its pcrpetratfon, and nc utret
pritoper's guilt becau-e Of hfs coueealment. A
brave man. WITH some confidence IN men, wpnid In
ecnnouxiy make public at once the crime Of Hhcf
he had cosnsanee, whereas a timld u1an may bl
| struck with panic end conceal hfe knowledge o
the crime for feat he may oe connected with II
Such instances have occurred, a.a1n and again, IL
| which innocent men have brought the darkest sus
| osc1op upon themselves By similar concealment
Evcu In This case this Mufdu Mas concealed 70
neuIjv year by TWO men y ho arc confestedly hon
est and uutaIutsd. From lhls subject. Ar. Va
Armau aean Jetu1ned to the arTuments
tns morning. that guilty intent tnust be prorel
nnon Keupedy. and that without thls hts |!re,ene
rRouM NOT convict him OF the crime II ffna
hau lot been fusul.cd by an opproooous cpalhe
uttered by Fleming and 10 conrequenee tnsne
hack 10 the hxck, he would hare been tust a. ent1
I a. k<rDed. II now Represented 10 %. 1Ae9e ~ y
probability that he wound have acted tn any oihe
way ttan kennedy did, 1bat Of remaining paests
nj llac time oI tue murder and cn1ceallug IL ate'
ward, had he gene tya With the rest Of the paT!
| The Evidence docs no. ahu,x that Kennedy did anJ
thing more than *lt silentlY In the c,r11aF
| eo:nE tn ard eys. vslk with them and dt!nk WIZ
| hem. He WIZ not 10 active PARTICIPANT u tlthe