, 1869-05-15
Arguments Of Mesua Dexter, An
thony, Heryey and Reed.
Great Excitement and Applause
During the Speeches.
Judge w1llin1ns' Instrn ction.
to the. .eJury-.
The Prisoner Found mot Gui}tv"
and Released,


srmcd his argument On the nre11oos ,,1v NJ.
voice having failed hl1,, he was compelied /, AK
| al adjournment He I'D then reached ,s., pc,rt
In A5 argument where the conduct uf Icysy rr,.
S1ous 70 The fatM anroy WEB TO lc considered Al
| protection frpm sudden assault must he defer,
mlnet from instinct. Wien Mcse 1nd!2u.ty i
oneres oue the Inevitable necessity IS to resent /,
by e'stsr suasion Or force; the presence q re4!
bodily danger insures quick action ca the part f,
the attacked; when self-nrotect.ou Il ii question,
! 1t s the duty Of . man to use the strength VAC,
| God eavr him.
lie next illustrated principle OF seil-lefe:ce
which alEied Win It great force 4 r1an, who
IN aPpea T1uS1n court and claiming damages fo
appear In Tho light Of one devoid or ali naaIy in
slinct The counsel did not wish 70 e1agsrrst.
the character q the assault; indcect testimony
There seemed 10 Be desperation osS tic par. ' a
the prosecutions aud its friends to think that ,he
De vines felt no s5npuDetton for the ncSedy. Tsis
vas IN error. Immediately after the 1ata, a..ol
had been 1Ecd, neftne E.ade remark which lca,k
the occurrence.
-ution, tn giving kS testimony, betraSe ed too much
y s's tas er any sat sssdeaes to bs
plaee 10 another, ant Necessarily, his nina was
tna,aed with the Last sceues Of the fatality.
q; h.des: = w!tnsss toE shs defence. hal been
accused him or preyaTfation. and, Ia fact, Of de.
l!oer1as faisshood; theT call him detective: This
occupation was no evidence OF my Inclination 70
The. testimony Of nc.cle.k employed in the
mannea.<oFJ Of nerlre Brothers was tnoroughly
c1tdttaet It showed the relative positions Of the
parties Interested nj the tine Of the array Msx
Ba!l, *hotoa Eery straightforward story, also
suffered at The hands Of tne prosecution, they
cause her husband worked tor Dey1ne. This pptn.
Was r1dicused By Ar. Dexter. lie said the state
meut male ~ Mrs Ball was well worthy Of le-
lief: ahe had been In no tnstacce detected In max
ing mtsstssencut
Another point, tn Itself very a,.surd. Ia na.ie by
the prosects7n, that Of tho relative arases OF he
vine and McFey; they pctu1 81 the former Al
giant an! ths deceased much smaller The most
formidable a,sn Tere generally men OF medium
IN hts or1ce when Acyey entcsra: he fafter haTi
offered tnsolenee to his employer. H1ereupoa he
vas ordered 10 !eare; then uesice received . sud-
missile, vas shut- Could Dcrtne have then ca
capped !he wrath. Of hts asSailant: It Was most
nstuIai thing IL protect himself by using the
Nilcd s' AN
Murphy had sezstaei that he na., seen no bruises
on llef1het there spnlA be no doubt that ueytne
vas blntstsL The hypothesis that Mcvey was
standing with his bark toward pcvine Ia evidently
sbsu,,l; Ihete he sslplsyed he marl Mcvey was
shop than direct tne ot the door. He was not an
euploJe tf the shop and Consequently haL no buse-
@ NJ oas els T5 a5
the prosecution and two tor the defence had test1-
nel thnt Nesey stoo2ed evidently to PICK up some
Ihaing; y thct are nsht on any other poin:, must
EyeE7thins q interest 10 The prisoner a. the bar
Nas nis hte and ltertr. and the gentleman close!
with the expression Of d hope thar the Jury would
eeal with the clse as their consciences dictated.
ARdEAEST OF Mr. ANTHONY.
follows, Nj: Dexter il summing up the osse. lie
opened BY saJtng TINT the fury were conrersaus
With se fae's 81 he sa.s The theories q the pro
e<ut1on and OF the aGIentt were established, AND
the latter had proven certain things wai:h were
tncnnt1oveT1tble-
He then hrteny reviewed. the circumstances at
teulinx the alIraJ a. learned fsuul the testimony
Of Witnesses Of bQth stdaa-
,Acfey had savaSely attached Devtnc; tod taken
pounded htm. Was this act in indication OF
ActeJ 3 personal character: One witness had tes-
tined that be Was much afraid tha. Drytne would
te killed before assistance couli be got.
One point, continued the gentleman, he dcstre,l
TO especially dwell upon. anil would then conclude
". Dexter had conelustvely Illustrates the matter
Of Justification The prosecution clatmel that
31cPey " "a shot down while rrtteattnG; therefore
they Fay the act Of neyhe was Rnjustidab1e.
thsi be was NOT Iesreat:nx wnun shot Thomas
Wsemap, lhe third witness called In the orIee o<
proof for the prosecution distinctly sam that Ne
o. the shop, tu4t before the shot was nred- Nor
ply was the only witness who had stated that Nc
xey Tas retrsanng when be recelsed the wound
A!1 Hall and Glasgow, @hose testimony wAs nr-
inpeached, had decided tie Hatter Of threats
which AcSey had made ngainss Devtne- This
shows thai the character Of hcEer Was not peace
He desired to establsa IN the minds Of :he jur1
the understanding that the point OF Justification
Of MI. confidence in the ,ury, ,und heller that they
could not fail to render verdict Just 10 the pEs
oneT-
ARGUMENT OF NR. uEKrKr.
Robert liervcE. Esq. counsel for the defence.
continued the argument. lie eompmen:el the
tts various phases and trusted that their strct
feutlon would continue to tue end. lie eMploreI
them to se TO the case tho best energies Of their
An acrura.e principle OF the Law, about which
there could he no question, was this: In all
the jury sta14s IN the Investigation With convic-
tton Ut either the guilt or Innocence Of the ps1s-
Which tho law provided for prisoner was al,.o-
1ute. conclusive proof which might mould the b+s-
hets Of ios lury 80 tia. Justice might Be done.
aldered, and his reputation rs Il peacenuIe man
dwelt uPon- The relative size or Deyine aud
McIey WAS described as shown In evidence. and
the morc formidable Of the two illustrated
MY. lsall bad been one Of the most reliable wit
and unyarntshed story; she hail been fricnd Of
McVcy In the old country, and 1t vas natural IL
suppose that her Testimony might be ncllne,t H.
vaF1cate. aud the Efforts Of the other sle to In
Peach her evidence ~ere futile. She sessined thst
you PLAYING the veavrr17 lie aasxered tnst be
had been discharged, and said that he was gong to
'knocE ID OUT Of the big, headed buRger, mean
Christ III d. H." There ron1d have hee3 no more
solemn oath uttered ty human hein&. He went
70 the shop in pursuit Of that aEowed 1ntenstou-
He nav the elder member Of the nrm, Peter De-
vine, hut made III claim for any tl1tFent amount
OF money tha1 was tok him v oud be pad him In
the afternoon The second time he called he went
hnI1lnn 7n6
threat into execution In the street, caring not
for those Who heard him, he uttered smother
This second ebolllt,on Of hts passion Indicated inst
eSch tine fad failed to cool hirl, and that he
de ermlDetl 70 have vengeance for trtslA 1mau-
na1J "runz He hoped That the Jury would apply
this point 70 themselves, and render csasc.ea-
As 70 The actual intention Of the deceased when
ne ent 10 the shop Of DeTiue, there could be No
rom Tor doubt; sufficient proof Of tha. had teec
Risen. aul bat one CONCLUSION could be arrived q.
that tn hevey meant to ,n,u5e .. III Arthur De-,
be visited the onlce Of DeTtns with blood IN n.,>
eye aI3 threats Of dire Teageance On his lips
Actey saih that il he couldn't get What he want
e. i qpsy 1s sH III T. o: Of hin s.ne
most Men would have done nnder the cirrrm-
ttanees, merely ordered him out OF the
Pesss.1ly THIS neins saSssH mi saa ps,as e,asa %
peaceinly ~ himself OF TIE insolent fellow. Nc
fcT had then attacked his employer md cfutaliY
beat HIN. after which hE> vas eiected and When1
tnrpwn ont, Wts, did ae do: lie STOPPED, aud
Ills dsath wound I'LL he not, Degtne Vpuid
fAHS StrnS- -. $500. % Tnr +ha .,,csaer4! ~ 1,e.
t.1dic!ed n many wsJr. This nan sss:ed tnat
AcyeJ was leaving he shop when De1tns nred
the pistol The coua.e q the ball when i entered
the body Of deceased. showed th1t McSey Wa
standing IN N entirely different po&ston The
ball could rot hy snT Possibility hare passed.
through + 1;a eota eoi ;aa ~ hung, hnss q Acve!, -
De.tne- Il WAS \ phyacl impos,itnlitT@
AflnGf Detl1e had right to apprehend a2d
.,t.st M, h Has a2oat for he ssond time 10
-. 1ta, ne vas Mtaed n using hts pistol
LIE *!tneaA1 !. Ryder, aubpHDaal for The pros-