Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1870-01-28

that LuNpY hei threatened PnIIJirs.
Al tho i'm, of tie romicidc it appears that
pn,Liirs had followed hr. LrSpY, ST. u h'S
residence as he saws to talk with him REGARD
In, , arch. concerning which they had been lit
eating As Mr.. LuNpY entered the gate 'ow"r"s
his house, the deceased saw PunLlrs ~ the
other sid, Of it, Immediately behind h's tatner'
Anticipating that bodily harm was intended h''h
he leaned over the fence, bringing his hNnh IN
puilllrs' shoulder, who INN sdIAtcly sh't HIM
with revolver, the ball penetrating the heart
The trstimnny in the case is nf that volumin1ns
aud circumlocutory characters that 1t Is lmpr'c-
tcablo for us to publish it. We snbjoin how-'
ever a brief syn ,psis Of the argument advanced
by counsel un each side, which will give our
readers clSar apprehension Of the cases
Prosecutor Canary IN behalf OF the state he'u
that the testimony showed that fniLLlrs had
Frequently threatened i.rSDYs' father that he
sprung over the fence aud laid his hand on 'lllL'
IiP,' shoulder because, Pm,LLIrs having " p'S'
,pl in his hand. he felt that his father was M
danger, that PnIllIrs cnurted a quarrel ana
sought an opportunity to wrcak We gsanee up""
the LvNpY family. He commented upon the
fact that PmlLL,rs after the killing tnld his wife
that he intended to Kill IrSDY. lie denied that
there was anything in puILIIPs appearance or
converation that indicated insanity. Mr.. CANA
Hy's argument was terse, cogent and convincing
and produced II marked effect upon the audience
in attendarce.
( Capt. J. II. REID opened for tho defense. Capt.
RKIp argued that the conduct Of PHILLIPS on the
morning of the 81 did demonstrate that he dio
not purpose the com mission of any crime lie
sought the LuSDYs to demonstrate against tue
opening of ditch by them, contrary to an IN
junction, which injured him, and he endeavored
40 get other parties to accompany HIM lie at
,.mpt.d 10 avoid CHARLES LUSDY, bu. while in
CONGREGATION with the elder LrSDY, CHARLES
bounded over the fence aud seized hi n Violently.
The statement Of the prosecutor that CHARLES
seit.d him because he had pistol in his hand,
C,ptain REID contru, erted by showing that II
puItl,rs held the pistol in his left hand, anc
occupied the position stated by the witnesses,
lCHARLIs could not have seen it. In addition,
the testimony of the witnesses shows hat
CuARIEs struck PuILLrrS twice before the fatal
shot was fired. Captain REID held that tie Nc-
ton of the prisoner could only be explained upon
the theory that he was insane. He h'd always
been known as "peculiur." Nr. REIp spoke
three hours, his argum1nt being closely hS'ehe'
20.
ALEX. BRowS Esq followed or the Pro.acu
tion, MIR. Bows argued tat PuILLlPi m al
ness was assumed; that all the ''strdnGc' nci"h
were A uar. of the murder aaI mdulg'i ~ 8 E
the purpos. of having insanity t. tail back u, 'i
nf,er he should have Accomplished his puri'A,
that his friends had never called ply scian t.
attend him; that he played the same tricks in t"'
army f,r til. purpose OF procuring discharge
AS to his going utn paruxyams when tie d't'I
qu stinn WIS Introduced, Mr.. BKowN CALLED
n,iun To the fact that it had been dlscusse
vcrv thoroughly during the trial, and that he ha'
had n FITS" Tho prisoner had threatened t.
kill I.uNDY, and wd- sane enough wdcn nnd
BOMBS to threaten to kill as soon as ne was re-
leased from his bonds. His ac,s from the be
ginning showed tnll the anm,ci is VAS prem lit
ated and deliberate. Mr.. BN0wN opokc an huu
and half with very considerable effect.
In the afternoon Lieut.. GOV. LES arZnc {"
the defense. lie admitted tina. PHILLIPS sh'
I.USpY, but assert, d ,la! tn shooting Was nri
thcr premeditartd or ,nalia..l-, Dn,was c'cari.
case of killing in seit A"'euse "n" 'Heretr
. excusabie in the.cyrs u IT." 'ar iue threat
iindulgea in by l'mLi.IPs prI., L, S..c"iing, III
= Governor urgei, ahouId be takon wltn man
r grains Of allowance. The threats were M rel
the vAporings "f "A coward. PHIlLIPs is a ma
of weak mind aud he imagiues wrongs all abot
him. The LCNpYs in particular, be believe
: had injured him and Intended 10 continue 81
Il do, and he lAbored under a perpetual fear
? these men. lie carried Il pistol from fear an
e his talk of using it proceeded ifrm the san
N source. Gov. lee urged that he was a wed
l., imbycile and cited the fact that he feared to C
l. or drink, believing his foo AMI water 10
If D isoned, rud refusing to be shaved by the she
y III for fear that his throat would be cut.
- claimed that PHILLIPS did fight ON the Sd Of j
t. Iiy. II, believed thu he wa in bodily dang
IT and he defen le I himself. When CuARLys Lu
y Dir assailed him he beclm: desp ,rate, end "
N able to cope with him hand o hand, he fred !
ly nistnl md CHARLES LrHDY ',li dying as the ia
" dieth.
,e Gen. Lgr's argnm m asst a four m a ha
It, houIs. In tho '3 icat 30 l,sa principles
ct the case in hanl in los aud Exhaustive rt
-; ~ sonings, aud 10 forensic ei"quencc, the "a r Il
Id been seldom eouaIled. H. held the au eu
m spell bCund during al the time ho kept the flo
ne Mr.. STRoSG held that 'hr Indictment was
= iective, thai its allegations were rot sufficient
an convict for mur Ter, an ! mat ia. prison r '''
"a only be convicted of mAn Slaughter. n. D.
appeal to the jury was IN sterly. iIe 30. -
RS that PnILLIPs three times sus ta uurg
pg the skull lie denicd that arY mvfn uy a
brought forward t. SHOW that tlr sitting 81
preneditate amp deliberate, aud ritnrut e,.'
fishing ths the State mas no case. Mr.. tirRO
reviewed the testimony from the be & inning a
closed With and eloquent appeal in behalf Of
client
In the afternoon CooPER X. WATSON Of Til
made the closing argument in the case.
WATsoS called attention To the provisions OF
- statute relating TO the various grades OF murd
ne and the character OF the testimony required tO
tubls beach. He dwelt at leaghth upon the M
sec tai condition Of prisoner insisting that his 6t
i4e paroxysms we're not real, but Ssumsd for a .
P ose. Mr.. W. recalled to the jury the thrs
'sc made by PHILLIPS, aud claimed that in the ira
100 action be was governed by passion and m
tp ice. lie threattned to shoot LvSDY aud
~ had shot a LVSDY.
100 Mr.. WArsoss argument was listened 10 "
, 2, the utalost attention.
wv wv At the close Of Mr.. WATsoS's argument, Ju'
100 PILLARS Instructed the jur., carefully review
Up the testimony, aud directing their attention
100 the law bearing Ou the case.
M ,na At the CLOSE OF his Honor's remarks the !,
lp retired and ia the morning returned their we're
300 Of Bla, slssghisr.
lvo On Wednesday morning Judge PILLARS $
soo fenced the prisoner to Imprisonment in the 8
J. l'euitsauary for the p'roi Of Que year.