, 1873-02-06
Nothing Gained by Going Into tho
Country,
0'Meara's Murderer Found Guilty by a
Waukegan Jury.
The Penalty of His Crime, Death
by Hanging.
Argument Of Attorneys, tho Instruo.
tons, and Verdict.

Tho trial Of Christopher Rafferty, for tho muir.
der Of Police Officer OMeara WAS continued yoa-
tosday. before tho Circuit Court Of Lake County,
sitting at Waukegan. JuBti co Wilamg vent on
tho bench at precisely o'clock in tho morning
Tho number Of spectators in attendance wa.
fully as large a. that On tho previous day. Rat
forty sat within tho railing which divides tho
space a11otted to attorneys from tho rest Of tho
courtroom, nnd looked as cnroloBs and uncon-
earned as over,
instructed tho Jury that it should not take into
consideration evidence introduced with refor-
once to tho legality or illegality Of tho warrant
served on Rafferty, by Officer scanlon, uuleas 1t
could bc shown BY tho defonco that O'h1oara
knew Of It's contontB, and was assisting tho
other oflcor to serve It.
CAPTAIN II. q. HICKEY,
Sergeant Hood, Officer, Flanagan, 0Aloor Gro
gan, Officer Mahoney, o1dcor Bodoll, and Officer
MoKinty wero oallod by the prosecution to swear
to tho general character of tho prisoner. They
testified that thoy had known Rafrorty for scy-
era1 years, md considered him to bo quarrel
some and dangerous mnn.
STATES ATTORNEY REED
then briefly summed up tho oyidonco in tho case
for tho people. Ho claimed TINT ho had per-
formed all that ho had promised ut tho COM
mencemont Of tho trial. The guilt Of tho pris-
oner had been proved beyond O reasonable
doubt. It was clearly shown by tho evidence
TINT the murder wns cold-bloodod and deliberate.
Tho utmost doliberation wnB apparent IL, tho
conduct Of narcrty. Ho did not first shoot at
6canlon, the officer who WAS serving tho
warrant on him, but lovellod his revolver
at O'Meara, who was standing by without,
having attempted to interfere or assist 6canlon
in making tho arrest. The fiendish nature Of
the prisoner VAS shown BY his attompt to shoot
6eanlon after having killed ono man, scanlon
eavod hia own life by placing bia thumb under
the hammer Of the revolver. Rafforty waa not
drunk, in tho general acccptation Of that torn.
II he Was, how could lo escape from tho grasp
Of a strong, athletic man like scanlon, mako his
escape from tho saloon, and run down the streot
at rapid pace7 Tho evidence was conclusive
that Rafferty, would sooner shoot policeman
than mad dog. Before killing O'Meara
he. had said that mono Of tho Bridgeport police
which ia slang for revolver. Tho speaker had
no peraonal animoeity against Rnfferty. All 10
aBGed was that society should be protected, and
that the priaoner should ho punished according
to tho nature of hta crime, "a shown by the
evidence
aR. E. A. SMALL ...
then spoke for tho defence. He naid tho shoot
ing OF O'Menra was envolopod in mystery. It
vas not shown b., the prosecution that
from Ratforty's revolver. scanlon might have
concealed the facta in the caso in order to make
his position as police officer suro, and save him
self t1om'tho imputation Of cowardicc. Tie
fatal shot waa tirod at random. There was no
IN his testimony, does not say that tho bullet
which penetrated O'hlearn's heart came from
AatIerty's revolver. Ho says it might havo boon
discharged from that weapon. but he is not posi-
that tho two shota which were fired in O'Drien'e
saloon wero exchanged betwecn Rafferty,
md scanlon. Why did scanlon ask
oBrien to'got O'Mcars' q revolver for him, after
floor Of the seloon, unleaa hia own woapon Was
empty2 Does not this factargue that there was
a chance that Rafferty, did not fro tho fatal
shot Does II not soon improbable that Rafferty,
fired the shot, when the popition Of tho wound
the saloon are taken into coneidorasion7 There
is reasonable doubt that Rafferty, murdered the
consider tho points. presented in tho
Esa preseeaon 1tEas Nth # "'s Tho shewn esang By
of,a tew policemen, thst nafferty's character was
bad :; that he was quarrelsome and dangerous
man, 4yep to fighting. Those policemen were
TO sec tho prisoner beneath the sod.
companion o'nIeara, and They wore anxious to
save Scanlon: Arrayed against tho projudiced
testimony Of the police officers is that Of those
who have employed Rafferty,, and who know him
from childhood. They gave him the reputation
when :undor the influence Of liquor. It
WAS shown that Rafferty, had never car
rled = weapon in his lifo up to the timo
when Q Meara was killed. In reference to Be-
@ dels t. tea1timony, a1 that Rafferty, tod him TINT
i sod he % speaker s T. that L. mot boao as s{aed
but had never said anything Of tho kind to him.
The speaker could not understand how the jury
could hang his client on the evidence ndduced.
that If he wna sont to tho ponitentiary for life
he would be pardoned out in the course OF fow
years.. No prisoner could DO pardoued
unless tho Judge before whom no
signed the petition. It waa charged that the
States Attorney had asked for tho pardon Of
three-ffths Of those who wero lot out Of the
Ponttontiary Of Joliet last yoar. [Afr. Reed de-
h1r. Small concluded by saying that the prose-
cution WAS conducted yenomously, md That ho
had faith In tho mercy OF the jury, especially in
view, Of the reasonable doubt relative to the
murder which certainly oxistod.
MIR. sEARLEs
Of Waukegan, followed Mr.. Small for tue de-
fence, and advanced the theory TINT his client
was crazy from the effects Of liquor when the
murder was committed Hc abused tic polico.
men present without stint. Aftor he had spoken
about an hour, the Court adjourned for dinner.
Upon tho TeasaaHbling Of tho Court at .
O'clock. Mr; searles continued his argument at
the top Of his voice. He was soon compelled to
remove his cost. Another theory was advanced
in addition to the one Of inaanity from tue Of
foots OF liquor. It was the same to which atten-
ton was called BY Mr.. Small, namely TINT the
fatal shot might hayo been fred by soanlon, e.
peolaily as Mrs. O,Drien hwore that that officer
bad revolver in Ills hand. DIr. soarlos Inquired
where seanton'a pistol WAS: HIS also wantod to
know what Ind become OF tho ball which was
taken from o'Meara'u body. Why was Il not
brought into Cosnrt. II t fitted 1satferty'a re,
have .beon discharged from that
weapon; but 50 might any other ball which was
not too large for the chamber. Was not the ball
better adsptel to soanlon's revolver than to
nIha1ert1s9 "a ,, Who're was scanlon's weapon and
Court 70. inspection It looked suspioious, to
tay tho loast. that thoy we're not produced for
The benefit Of tho Jury.
During Mr. 8ehro'H speech, where he alluded
to the e1cellent reputation borne by Rafrorty In
fhA Jren " bara la