, 1869-05-14
THE MURDER TRIAL.
Third Day OF The Trial o'
Arthur DcYfnc.
The Testimony for Both Prosecution
and Defence All In.
Arguments OF D. D. Driseou, Esq, and
Writ DeItor, Esq.
s.1rQr Interest Nan4fcatcd.

VIII OeICc1s lay
s;1rat Interest Nnnlfcatcds
MORN1SG SESSION.
x,trs;:ant 10 adjournment the case OF Arthur
Ucvlne, charged with the killing OF FrAncts Acvey,
>Fxy ,es.erIay FORENOON resumed before His Honor
tudcc Wtl.tama, OF the Circuit Court The exam
lua,,en cl witnesses for the defence WAS pro-
..-..,Irl v:;h q. 10 O'Clock. The dsst witness
.a.!ed WAS
rE1ER pEr1Sz
Nr. Dexter, counsel for TIC defence, objected to
reee.ytng the testimony Of this witness because Of
!I,s presence IN the court-1uom during the exnm.
Ia, lon Cf illnesses The objection was pyerrulei
wi."e-'. an a brother 81 the defendant: be
md were engaged IN busincss together: the
name AID style Of The hv1n Is Destne niothers: We
arr manufacturer Of steam boilers, and our es-
1a'asllsnen1 Is located on Polk street, between
shop Was here shown The v1tae4A}
Mr.. f-ste! claimed that the principal object Of
identity the plan Of the premises. The Court then
WAS continued.
7tAti'ncisa rpntiHntl: Among other thinSx elicit
81 II the evidence Of Mr. Dcvine, Was the locality
of htapo scrap iron, near the scales aus .ent
to The once door Srcw o. my brother Arthur
carving pistol: from alAout the middle Of last
November. when my brother was assaulted by
party Of rougts he had carried pistol; he was
s!rsid Of losing hls iie At the hands q these men
TIRE TESTlMONT CLOSED
The case of the prisoner wAs herr closed The
ease Tor the People was then taken up hat aflcra =
slight discussion between The counsel, thl3 was
rested also.
u 6 pE1scpL, Es4.,
counsel for the persecution, then proceeded 10
ssi.l1css the Court aud lurJ tn argument lie taid
that this l.inx All Indictment for murder, he aI
pseciated the importance Of ihe cas-. lie aad hia
associate counsel felt no ncItuoDy toEaTd the un-
fortunate rE1snnc., II was only that justce might
re done, tat he took this interest IN the rosecu.
ieen dealt with Justly and fltrit. In pursuing the
co,re Of bis argument, be Ie:eed 70 the calendar
Of The coauts.s 1mc, and dwelt in e:oqaeas
terms tioT The great crime Of murder. the
papers were nlled with hsteous particulars OF the
shedding OF human blood nj the hands OF un-
thought nns no longer ascsed1 Ing beat OF pas-
sion cala m1ny tnch crimes, aad the re sort was
generally to deadly weapons, when Trivial matters
were to be avenged. Tli' state o. things was de-
piDrab.r: II WIS because 0! lack uf appreciation
OF human life The .ynlrath! ielt by 1arorH for
men charged with s1ch crime was the main
cause for The escape q! prisoners from Just punish
r1eht lie hoped ,a1t the jury Honld shut out
from their hearts all morbid sympathy. and deal
remedy lay with them, and 1t was their duty
10 conscent!ousy niply the evidence adtuced,
and TO MIKE their Ilial action {atr and Just A
thorough punishment o{ men accused Of such
t.silAe, would rcsaI, in 2n amellorat,on Of this
stAte OF things: people would no toaSer be ~
much afraid Of the as*Asxlua blow II they knew
Luat QQEt kHE lAH "a tuE 42H. A~
rnSde these preliminary remarks only for the puf-
Tose ot tu,prcssin- Eron the 1lns Of the jury the
Ervat Importance 4 the ease and the .esponshll,
itr resting upon them lie hoped the accused
would no. lie cunvictt., unless he was guilty. Be-
caH.e Of The sretiuttry OF such crimes As murder,
human HE WIS he'll in light estimation. Thls
,asc VA peculiar anil ssi one. The neeuse'l
was man In good standing. doing
''astaess In The city, a married man, and having
associations which shu:r him 10 be superior IN his
asi!ss:es. He WnH hrEe arragncf, chaFge.! Win a
hc!nnus crime, and the lvry shonld welt ponder
spGp W If H. nl q an moi AItsa, My nssas
Then reviewed the particulars Of the case as shown
in trrienrc. Deceased had seen In the cmplos Of
ier.ne l;rnthers: had tcen discharged on the s3d
siay OF April; who DISCHARGED him Is not known :;
McEey LETT tho shop Is or'iefctl, without any de-.
monstra:!on Of aax,r: there was given no good
1etuscd, ana ~ so,a sy Mr re1cr l,esine. The tn.n:
%, hut made no angry demonstration; hal he
showed disposition TO quarrel II would have
!Ten proven In the evidence FOR the defence. Dr.
l.ruters at The invitation Of ono Of the nrn. aud,
IN cii!siug for his pay, was ordered BY the pr1s-
NsSer nc te H. Mnn
ccr,eA the Won't rh1se o: the ARRAY in the ONCE
wnultse admitted: mt un3er tae mandates not Of
,leeeased. tic prisoner 4, the lar WIS
murderer. several Witnesses, he said. had
testified tltt the hack Of the deceased was
turned tow1,l the door at the tine the fatal shoi
WIS nred. This was shown IN testimony ior the
defence But what Sefe the facta7 The ball en-
tered Mcve! mack. aud It is Impossible that suct
was the pnsllion or the deceased. AL the orator.
and eioquencc and learning OF the gentlemen en-
gagged IN the defence cold not Wipe out the fnc
that Ncyey WAS shut In the back while retreatnf
from hts nssailaat Even hal Acvcy offered =
that time scme violence 70 the accused. the &C
Of the latter wouid not have been jostidabte
FaCtR contradict the testimony Of witnesses wh
say that when thf haot was dred the deceased VA
standing with bis face toward the prisoner. Erel
snpposinE this cvileucc was correct, the crime IA
he the HT1xInpT Mt the bAr Sh0Wn 10 b
4 uurtiercr, and The htlcoasncss OF the Grim
demanded jcst punishment There was no evl
picking nr any Implement At the moment OF bcn!
asse.led s,y lIettEe; he may hare STOPPED. bu
70 r:cx Or "a any mr. Ihs IL Tie coneiusion was ir1easti
l'le thnt Acrcy Wa, followed from The office An,
then s:.rt In cold bso,rl THIS shooting wis efthe
In the ON once, u il W., because ol NcveSS aoop
ing. Deylne could ~: have seen this moyemcn
on the part Of tn. deceased from the interior 9
scd tue iee.l, after several minute
aa sla.ra nstres ,s the tine Of sns ss9s nr
the tive In The o,te Just previous TO The snootin
WAS undoubtedly exaggerated hJ Witnesses. NJ
We. wns much smaller In Stature than the rrtsonc1
aad had he l,cen 14tetE; On crr4ttng fight, b
WuuId have hal u weapon Of some sor, In III
possession: but h. h,'i rot According to the te:
III aPpcara-i thai EcEey wns NOT IN the act
~'urE!nc I'estne, Nhtn 1ound IN the ofacc, tut NJ
:n;. holding hta, y ,ns arms The srsasc: :tsvsf'e
lie morning Of the u Mcvcg had threatened
"knock he'll OUT Of the hss-hca1sesi bugget." nea
harm BY such an vsprrsslon she would ha,
taken Steps TO put D.y1ne on his gard. In nlu
t:atsun Of the harnls.ssaesa ot the worts, the ia
that NcEev went ~ his emposeT unarmed v
sufficient liaii h' Intended to carry ont
threat he woElh have provided himself With
weapon.
At1c O'CLOCK, tic cours adjourned TIL h1lf-ra
1oC!oek y. n
ArrEHS.s,S SESSION.
r. ::es, was .!s1s.'y packet with spectators =;
,sca,toua!s thtre were vesl npporent signs
appreciation and d. !sArprooa.:on 90 the palt Of II
ud!snce ss l,nl~r,nn, nnn Poa
I'D the Court end II necessary to call the people
tr'scr, and then because Of the manifestation
ss44s f9enss e. III !!' 8 'ss :! 81
ftrseo:l'a argument The rehnke OF His Hon
served % Keep t.leta quiet for The remainder
nAtieutis and intentIy listened to. From retnar
strorcA here aud there hefore and after the 81
ai"u, eiually d,sacd M DO On e Inc 4 momeutous ne ans
Sorae strongly e1rree ing themselves favorable
thc rE,soner, and otneta aassrss to ms elas IA
!Nitie Enot. collected here md their, md reSfe
:nc question ai stalk, esnyaxsng the prospect,
Ntviue, his guf1t nild deSeEta, md now nah II
loudly e1c!ntminE fur either e1de.
Xw. ntE-ct,tL NEsCNED~ ....
u, \. nr!scou, E.G-, counsel for the prosecuti
ytsGr:eI his Argument. He fecurred TO the tt
unny Of MrA Eali There seemed to he d fci
;>h excitement In her statements, and he hello
that It WAS quite possible for her imagination
Lave tceu greatly exercised IN the giving Of
evidence. The discrepancy between the te
n.ouv OF Mrb. Dal! amt Houston was evident.
srcakcr Then Ervie<sd the Testimony Of b
With the object OF showing the exact tlnc Y
NcIey went to the hO!teE.work4 on the S2tuI
morning when the crime 10 alleged to hare
co..rnttez1 The witness Glasgow Was sore
criticized for discrepancies IN hts Testimony,
the trrtlc4Ant manner Of hts an.s
In questions I7uIUun3el hy counsel
cap.aIaed That the testimony nf GAs
wss highly Improbable. be having sworn
the identity OF McNry as the man who declare
take tho .tnea11 i h:Onh'' of some one. This, II t
The ecuEse, held fIsluotn!ng to do tn juAtldca
"a! DeE1neE SCI. The testimony o. With
naMeh ]. J. R!dtT, sabpRnned for the dele
Mss then scyere.E. nterlauled, anil shown 4
improbable IN uany particulars The tndisl
i.at BETRAYED \ LACK OF intere5; In the CASE and
importance u1 telling the truth, IN making
statement that he I'd rot to EnoW who was
n...rht:e1-aE Ec waited Was the fun OF seeing
thing.
TAI this iEnrturr disturbance occurred An
'lr aud.r.cr, sud tic Court found IT neceasaI
ts!eaten tetcsr measures should the oGenc
repeatedly
1h.s Hltneas, the cnnnscl continued. had see
II take csirc:al del rht In n1sitgninz the cha =
81 thr deceased, md for that reason nj
II fos nene Other all that
said should he treated With
credfaee- This mai was either peftpreF. Or