The national Republican., 1867-04-22

= HE CLEAvER. MURDER TRIAL- ARGu
y HEsr OF CoursEL--JUDor FIsHER's CHARGE I,
q iHs Junr- 1BE VERDICT Saturday mornin,
last, A. W O'Clock, this ease, which has occupied
the attention Of the court and the commupity 70,
the past week, vas taken up and was brought q
c'o'e on Saturday evening At 8 so O'Clock, 70,
the present, at least. '.
. The same anxious crowd which doubtles, bav,
been In attendance during the week, their earl
,tcning Ater the sean mag, were occasionally
elsa.nsm ~ m listeners bstimss to the opposing argu
Ate4o O'Clock Gen. Darlington commenced
the opening argument, and concluded Il at 1874,
Before touching on the evidence he asserted IL at
no citizen ought 20 complain Of the ,aoriace Of
MS time In investigating o case like the one be.
lore the Ju'y. lie owed them no spology for
detsining them 50 long, and further dstsntion
oy argument. II he omitted this be would be
unjust TO the community and himself; for q moral
: obligation as we'll ~ legal one rested with him
70 assist them In sitting thoroughly the matter
upon which they were sitting 10 judgment So
r @ tne poor little beggar girl was concerned,
! it mattered not now for she sleeps IN an un.
timely and bloody grave; and k.r spirit has
passed away into the realms Of another world
The principle involved In the case was this: has
q man. or rather brute, the right or license to
outrage his daughter or theirs and the rav,sher
60 unwhipped Of justicef What mattered II ifshe
was poor or rich. The time had not yet arrived,
he hoped. for an American jury by the aat Of
their Judgment to inaugurate 10 our midst a car.
nivSl OF crime and lust. They must think of
this, the duty they owe their families and the
publici aud " be showed them to their sati,fac.
.ion that according 10 Law. the prisoner at the
bar was guilty OF the crime charged against him
they should convict him. 1.-THE brutal ravsher,
the cruel murderer, this devil incarnate went un.
whipped ofjuftice II would not be his fault.
ln the case before them ''all that is neces-
sary 10 be proved 10, that the deceased died Of
Il h. 80 ..n1 l. Il -
within year and d-y sftsr she received them.
He also stated, as law, that u q man be wounded
and the wound turn to gangreno or fever for
| want OF applications, or from neglect, and tho
man die Of gsngrens or fever, this is homicide,
and murder or not according to the circutn.
stances under which tho wouud was given "
| We might 20 on and give Gen. Carrington's
able argument at length, but the sum and sub.
stance Of evidence 10 In Justice Fishers charge
| to the jury, one Of the most able documents We
have ever heard or read--nnd they are not few.
We will have to reluctantly dismiss II with the
remark that bis peroration was eloquent and Of.
| fective 10 the extreme. Many passages were Of
exceeding beauty and electrical 10 effect. lie
| had no conscientious scruplos about capital pun.
| ishment and be was glad whom he heard the Jury
| say they had not He made full references to
biblical texts on this subject. His crimes cannot
be mitigAted to man'laugnter. He charged them
| to vindicate the majesty Of the law. The cot Of
the humble man, like the castle Of the noble.
man, must receive equal protection from the
law.
The District Attorney in his argument took
| occasion to denounce some Of the witnesses in
no very complimentary terms! He austhema.
| tiIed Justice Walter as q modern Dutch Dog
\ berry, who never read q law book through In his
life." Laughter Jno Slant as having been
/ hribed;' Evans Rs "a miserable fOol;n AID he
| made our blood h,w coli In our veins by de-
nouncipg, in a vehement key, WIN. Campbell "as
a perjured villain " "He hated to do 1t, but
he was justified and cOmpclledto to do 1t under the
| Ieircumstanoes.n
| The District Attorney was followed for the
prisoner by Mr. Fendall, who said, in substance,
| that when the testimony was concluded, tho
counsel for tho defence were willing to submit
the case to the jury without argument. The
District Attorney has thought ft to take a
different course. 1t seems to me that every
one who has been present during this trial
must have been struck with the apparent de-
| sire Of the District Attorney to inaame the
minds and the passions Of the jury. Our client
| Is charged with the commission Of the highest
crime known to the law, through q minor
offence. 1t 10 not my purpose to apologize for
much less to justify what ho did do. He may
have sinned against morality, but not against |
| the law, What he did was not crime His
| client was charged with murder, but ho be-
lieved him to be innocent.
Murder 10 calmly and deliberately taking the
l
He did not intend It; In this the Law will sustain
his innocence. It will not do for you to take
| suppositions, suspioions, and inforences. You
| must reason alone upon tho facts which sworn
to and In your possession.
Mr.. Fondall then reviewed the testimony Of
Mary Roberts, who testified to having seen the
girl go OF with Ceaver, and who saw her como
from the house In Marble Alley and argued tpat
In addition to the fact Of her testimony being
oontradieted In material points, was altogether
apooryphal. DR.. Walsh, who visited her that
| evening, found her pulse regular, her tongue
| healthy, and not In feyerish condition. She
had q hemorrhage which he stopped II the
girl was In the awful condition spoken Of by
| Mary Roberts, why did she not toll the parents
about 1t ut oncel 1t would have been natural.
She said nothing about 1t until six or seven days
| afterwards.
| the witnesses who had been assailed by Mr. Car.
rington. The doctors bad testified that she could
not reach home In the condition she was ropre.
| sented by Mary Roberts; the charge could not
be sustained. We have shown her previous life,
| and the evidence Of her having led an abandoned
| life Is full and completsi it was suppo'ed that
| would have been admitted The testimony con.
| corning her life was then foroibly preso ted to
| he jury by Mr.. Fendsll and though the wit.
| nesses were poor, uneducated men, and one of
them 'red.headed, even they must he believed
II there was doubt about he truth of CampbelI's
testimony, Mr. and Mrs. Reeves were here at the
time and could have been called to disproys II.
Mr.. Fendall continued at great length. closely
combining himself to the points made by the Dis.
trict Attorney, and ably sustained his client,
leaving clear impressions that tho prisoner
should not be convicted Of the crime with which
he 10 charged.
Mr.. Fsndall was followed by Mr.. Norris, who ,
made very able speech for the prisoner, but It
was Of little avail as will be seen by the verdict
Of the jury below.
1t Is singular position, for doctor t. face a
lawyer in q court Of Justice. In this case, the
physicians for tho prosecution wero obliged to
remain in court every day during the eIamina-
tion Of witnesses, and for this professional SER
vice received only the usual witness fees, dol
lar and twenty i've cents.
The main feature Of the evidence has been
that Of the ply icians, Of whom there were ave
for the prosecution and Ave for the defence
They were all subjected to a rigid examination,
and the Importance Of medical testimony was
fully dwelt upon by both sides. The case also
admirably illustrated the maxim that doctors
will dissgree-and lawyers also. In SUNNI ny ,
up the testimony, especially vas shown tbe con.
dict between science and logic. The public can
form some idea of the labor expended on both
sides, whom 1t is sad that eight hours were spent
yesterday In arguing tho case before tne jury.
At the conclusion Of tho argument Of the
counsel, Justice Fisher charged the jury In q
very impressive manner The document 10 4
very able one; but owing to tho crowded state