Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-16
TRIAL OF the CUBA PRISONERS.
What there Is on the Other Side Of the
0usstlOH-ssnsFal Sale Makes a
Preliminary Speech.
&c GIvss a Little Healthy ExcOFlaiIsn 20
SsIterWhitG, and Reads Law an
Hour and Ten Minutes.

z the court again yesterday. The RudteEct
was thin but apprecistive. The debate
opened on the defense by speeches from
, from Msssrs. Reeves and Onley, who
/ spoke till about three O'Clock. John Bull
lock was to have followed, but not being
present, the Court allowed an interim OF
I'VE minutes, but still he did not appear,
3 and John +. Sale had to step in and talk
3 against time, as be said.
Notwithstanding, gentlemen, 1 have
Of en- had occasion to defend prisoners
from various sorts of charges, / was never
more thoroughly enlisted in behalf of my
clients than OF this occasion. / was never
more embarrassed. Did not consider that
he was ia duty bound to address the court
at that time, other arrangements having
been made. But / propose to 60 into
the real merits Of he case tomorrow
morning at ten O'Clock. ! feel
it rather necessary to talk than
to speak now. 1 will Just try and
give some 6nsWer-nO difficult task-tO
the speech that was made to you yesber-
day by the counsel for the prosecution.
1 will take it for granted that they have
put their strongest statement forward
first; that they have said their worst
against the prisoners, as they were Justly
bound 20 do when they came in here
in the name of the State to demand the
blood of her citizens. I am fully ac-
quainted with the merits Of this case all
i through LLb on the DuD-
ushed reports IN the papers, save that
part which gave an account of the indig-
nation meeting held at Cubs some time
after the hanging. That was all right
the meeting was all right, and it goes to
prove how grOundless was the sssump-
tiOn in this case that the people out there
were afraid to speak out; that they were
held spell-boTnd by terror and kept
trembling with fear. Over one hundred
and hfty people, gathered in a district
that only polls fOrty-two votes, to de-
nOuncc the crime and to resolve to punish
the perpetrators of It. I did not engage
In this case to make reputation, I never
expect to have any more Of that than 1
have st present, and / am satisfied with the
little I have got. It will do fOrlife and per-
hsps, longer. I don't make speeches, nor
defend cases for that purpose. That is not
my object; / don't care about pleasing
the public in the line of my argument,
nor 1 don even care about pleasing the
jury [lsughter.l I will talk law to you; 4
I won't go into theories. It is not my
habit to allow 8 mans life to hang on
a theory. The splendid mistake Of the
prosecution, mistake all through tor the
matter Of that, was the unWsrranted
assumption that they had proved a con-
spirsey. They set Gus on that theory to
begin with. Why did they do this?
What grounds had they for it7 None x
LCDN NluE Eub 1uAAN hAAoWEA GElNuAn bhl- !
dences 10 60 in with the understanding
that it was to stand if the conspiracy was
proved. Where is the conspiracy? The
argument of the gentleman is entirely
grstuit0us On that subject. He told you
that the declarations Of q party to a con-
spirsGy were binding on al the members
oft. Before you can look at that at all
you must be satisfied there was a conspi-
racy. Declarations of an assumed part
ner in q concern cannot be considered as
binding on other assumed partners until
the partnership is proved. The partner
ship must exist. In ali my experience l
never met q case in which / felt so much
confidence Of beng able to scatter the ar
guments of the opposing counsel to the
winds. Remember, gentlemen, 1 do not
come here to vindicste Geary, NCCaddin or
sATTERwHITE.
They ought all to be hung to the highest
in Shelby county. We had a lot
Of pathetic talk here about a widows SON.,
Where is the widow in this csse2
H~Orrigan-Iu tell you where she is;
is in those resolutions signed by the ,
defendants az that Indignation meeting.
Attorney General Wright-And intro
1uced by o as evidence. !
Sale-Yes. Well, that escaped me. !
Now the primary inquiry in a case of this
sort is to look for a motive. Well, the !
a0AAAA1AAA1A VII AZ eNAC u AuA = q "
attempts at a motive; they found :
too. II was like an old chew of to- Z
ssccO that sWelled too big for the mouth, I
{ had to be thrown aside in disgust. That :
motive was that SchOisld had stolen two |
iOllars and a half from Graves. The /,
.ause was entirely out Of proportion to 4
he effect. The result was too huge. Five .
nen engagingin conspiracy to hsngabOy ;
or stealing two dollars and fifty cents, is =
o % absurd. They had TO abandon that q
Without making much use of it. '
they went in on the hang y
ng Of some person named GrOute, u
whom no body knew: don't know where
.e came from, nor whether he was hung :
r not. They had to drop old Groute; he y
vas too big a corpse for them. They had .
reasons flor dropping him. First ;
hey could not prove that be was hung; :
second, If they could prove it, they =
7ould Inc TO their dissgreeRble surprise ;
their pet, Satterwhite, had a hsndm q
l. The theory hobby is a great thing In -
heir hands. Their whole prOsecutioni is a y
leory. Horrigan speaks as hippantly a
{ "my theory" as Andrew Johnson did y
{ "my policy" What right have yOu y
D q theory on this case? His theory! !,
Who cares for his theory? He is like the y
he is q law unto himself. Another :.
now that GrOute and the fifty i
re out out of the case, that they try to -
is that Schosfsld had threatened =
burn out Cuba. Terrible COnhagra- u
on, says my co~ndagatory friend from y;
Where is our proof that he -
said so2 Another part Of his theory =
that McCaddin got the key from Graves y
efOre the arrest was made. Suppose he =
Can they say that furnishes another y
yerwhelm'ng proof Of the guilt of these a
len2 Stage-horse impudencel Nothing -
hort Oft could lead me 10 such q conclu- -
General Sale then went into a long ~
-gument on the word whisper" accus- r
g HOrrigan of using that word instead u
"tOld" in his recital Of Stetter's evil W
5nce, wherein Horrigan put the on- :,
ruCtiOn upOn il that PostOn told Scho- r
BID TO run in order that be might shoot =,
m, and thus put an end to him under inN'
yer Of law. Sale denied that Ststter -
ied the word whisper" but, on the ~
he used the word "tOld." Pos 80
n spoke out; he "told" the prisoner TO "a
N. There were men enough around
to hear him as well as Stetter. Then ~
hat object have they n view Ia dwelling "
the cnange Of hats? He does not sug- ~
st what his motive was in dwelling ~
that. Would they be likely to dis 70
themselves in each others hats go "a
g out on an expedition Of that sort? ~
any n pretend that these men had gl
ch others hats on until e long time Ie
teen minOtes-after the hring2 i don't "a
B anything in it, The point is too sharp :
me. Whatever POston does is taken ne
overwhelming testimony. II he does ~
act; gets a coffin and a grave W
q dead man, and has him buried-over- IN
testimony! II he says he hates ~
enemies, and that he could calmly and se'
wash his hands in his enemy's ;
,Od- tAs
OvERwHELKuNG TEsTIMoNYI mir
he takes the medium course; does a M'
ng that is neither good nor bad if he an
s like q fool, shows the superstition car
u Is in his character and wants to get res
, rope that hung q man to cure the ful
pc.
OVERWHELMING TEsTIMONYi ~
erwhelming evidence OF conspiracy. no.
reat GOdI' These are the only two DIRE
rds OF HOrrigan's speech that / remem- Be.
{, the only ones worth remembering; lies
" are true. "Great God" he says, cit,
as there ever such proof of 3 cOHspir- she
2" You said il, sirZshaking his finger ter
HOrrigsn.) The pregnant fact to be wit
wed was the conspiracy, and these are DEF
proofs; was there ever such q thing No
There Is not as much testimony GOV
this case against these men as the Jews apr
5red against Jesus Christ when they yer
.cined him on suspicion. The prolific abb
IN, IL he has one, Of the energetic pro
nsel runs outside the bounds Of truth. nee
Is enthusiastic to have his name sssO- put
with this black gallOws up here in ord
lail-ysrd. The distinguished speaker GOO,
N went INTO the merits Of the rope ssiC
5stion. he went into Il extensively. you
took occasion to excOri8te Satterwhite wit
step be took. Sstterwhlte saws tan.
re was a black streak in It; he was tina
badly thinking Of his black wife; she Our
running IN his head he wEs dwell the
on some OF his black yarns. There mo-
olack streak running In his family, grei
rything has a black streek in his eve. fror
3n the fact that Graves did not pretend wat