, 1873-11-27
RAFFERTY,.
Conclusion OF Ills Third Trial for
the Murder Of Officer
,O'nIcaFa.
Eloquent Appeals to the Jury by Mcssrs.
Small and Reed.


Sptefat Diepat:h to Tho Chieaao Tribune.
WAukEuAN, ILL.,, Nov. 2o.--Tho trinl Of Chris |
topllcr rafferty, fur tho murder Of POLICE Occr
O'afoara, WA resumed III tho Court-IIousn this
morning, before Ills 1Iouor, Judge Murphy. A
1a,go audionoo WAS present ut tho opauing Of
Court, e,tl lo,nained IN Attendance during tho
tiny, ltstontng with batod breath. to tho ingo-
uious arguments md thrilling appeals for mercy
to which Mr.. Small gnvo u!torauco, in behalf Of
his unfortunate cons aud tho iupnHnioned eio-
qaonco with which tho aory stnte's Attorney
demanded life for llfo. Tho tcs-
tin,ony boing oil in tho spooches Of counsel
woro in order directly after tho 6horiff had
notified tho assembled citizens Of Lako County
that tho Circuit Court Of that county was In Hos-
sion.
lii. 8MALL
begnn for tho dofonuo, and consumed noarfy
throo hours In m elaborate forensic effort which
advanced some bold theories, md combined
argument will, appeal In Bkilful nnnnor. Circuit
stroBs was laid on tho dociBton Of tho Supreme
Court rorunnding tho caso for now trinl because
testimony had been excluded which tended to
stow TINT the warrant which tho officers
lolf for Rafferty, was all illegal In
Htrument. Mr. small made q strong
point of tho ruling Of tho higher court, whore
it was held that II 1t could bo provon that
o'Moara attempted to mako IN arrest under
authority Of tho illegal warrant hia killing was
only manslaughtor in tho oyos Of tho law. This
wna ploa which ho had not boon permitted to
advance in previous trials, aud ho made every
uBo Of IL to i,nprosB tho jury favorably. uo
commented at considerable 1cngth On tho pro-
ylous good, oharacter Of Ratforty, as
nd"n grown ~ Inc up sith linn Pd0nS and worked d
packing g-housoa OF Bridgeport, md urged that
his Wild md crazy condition on tho night OF tie
murder, which was auper!ndueed by liquor, be
| jury. Abiding to tho near approach Of Thanks
giving Day, he snid that this was scason Of
mercy and kindly fee!ing for thoso who Ind
| wronged their fellows, and ctoscu by venturing
tie hope that Lis ciior,l would ind Thanksgiving
Day to bo reaily wha! itD nasno implied.
At tho conclusion Of tho Bpeoch,
/ TIE IMruIs1vE REED
bounded from his cllnir like nn India rubber man,
and ratified of what ho had to BnY in hia most
dramatic md effective style. uo Hroke nearly
anhour, md was brilliant from beginning to eud
Tho mysterious hints thrown out by tho counsel
TOR tho defonso, that perhaps It was bullet from
O'Mea1a, wore Severely commented OH. Raf-
ferty's own statement after blu arroat convicted
him Of the crime. Tho jury vcrc then told thut
m attompt lad boon mado to provo tho good
character Of tho rriaonor by tho testimony Of o
number Of Bridgeport ruttians. Tho poople, on
tLo other lar1 Ind brought up u number Of
respectable police oincora who had known him
for yeafs; It was their lus'ncas to keep wasol,
on tue desperate characters Of tho city, and
they were bottor able to tell what kind Of 4 man
Rafferty, was. They had found him around low
saloons in company with dospcradoes, and
bGen tmes compelled SSs s}rasss tt as3ss him ann
The speaker no1t paid attoution to tho
region OF the city whore Rafferty, had 1ivod, md
Mortified his wondering auditors with the state
nont that it was tho very vostbule Of holl-a
| 1fnrn SRha tFa nf sroH nff 1inn
at midnight, and whore tho crack Of tho rovolye,
aud gleam Of tho knife were heard and soon Will
dreadful frequency. There waH no one to pro
toct the pooop[e Of Chicago but tho policeman
such eooundrolB as Rafferty,, who osteen
it M honor to murder mn officer. blr
Reed argued that the Testimony for tlt
ncoplc clearly showed that. OMoara had not 1t
forty: and TINT therefore tho point raiaod by ar.
! Small with tho assistance Of tho Supreme Court
was poorly tahon. Tho jury wero told not tt
placo too much faith in the btory Of Rafferty'a
, drunkenness, as it was no excuse for tho crlmo.
aud had boon greatly exaggerated. Mf. Rocc
wound up BY saying that lie demanded oul,
1uatice for thoae whom hc represented.
JUDGE MURPHY
then reud yG[uninous Instructions to the fury
and at 4 4unrtos to thoy retired. rafferty,, VIII
sat unnlovod all through tie speeches, and wht
seemed loast affected when the StateH Attorne.
waB most Bov1re WAS taken hack to his cell, allt
tho Court adjourned for dinner until o'clock.
: WAITING For THE VERDICT.
Upon reneaon1blinE, Judge Mn.ph proceeded
to transact other busineus OF tho term it bein!
apparent that tho Ia :fery jury lad no intentio:
Of coming to an amicable ayraclnent for GomI
time. The crowd waited all tic afternoon, bu
to no palpose. The Court took recess 10
supper, aatl nil hut few guininB went to thei
Aomoa. At 4 O'Clock tho courtroom was almos
deserted, and the Jury was still out with no pros
peel OF coming ill.,