, 1873-11-28


THE THIRD CONVICTION Or RAFFERTY,,
The third trial OF 1saffcrty, the murloror IT
Officer 0'A1cara is concluded, aud for tho third
time ho has beou found guilty Of murder. All
the previous errors having boen amended wc
presume no uow oncs ]lave been committed, aud
that tho Prosecuting Attorney has finished his
work beyond my possibility of having
to go over It again. Tho verdict OF tho
Waukegan jury is d triumph in tho in.oroatH OF
the right and 1t has boon obtained undor clrcum-
atancos which make 1t peculiarly gratifying. No
prisoner over lad moro ekiful de-
fonse than Rafferty,, or moro pcr-
aevering or patient ono, and in addition
to the efforts Of his counsel, tho vari-
rious decisions Of tho Supreme Court, ronanntl-
ing his case, have beon tantamount to IN appeal
to tho jury to convict him OF granddaughter. Wo
preaunlo that there are few people III this city,
who havo followed tho case nttontiycly who will
not 10 somewhat surprised at tho vordlct, and
who had not made up tloir minds that this timo
ho would only be convicted Of manslaughtor. The
record Of the caso pointed to such result. Raf-
forty committed tho murder Aug 8. 1879, and
thirty-hvo days theronftor was brought to triul
aud found guilty, the jury aflxing tho doath-
penalty. Hfa counsel then appealed to tho ST.
promo Court. and d aupersodoas MAS granted
upon tho ground that tho Court below Ind errod
III not allowing the change OF yonue asked for.
This error was corrected, and tho SECOND trial
commenced in Waukegan last February, aud
again ho was found guilty. His counsel wont
again to the Supreme Court upon throo i'm.
portant errors: /. That no remittitur was OBJ
tained from tho Supreme Court romandiug
tho causo to tho Criminal Court Of Cook
County 2. That tho ovidonco concerning tho
iilegality OF the warrant which Officer Scaulan
wes attempting to servo when Ohfeara waB shot
had boon excluded; 8. That tho evidence con-
corning tho intoxication Of Rafferty, was ex-
cludod. Upon those errors supcreedoas was
again granted, and once moro tho case caYne to
trial. The ron1ittitur was obtained in proper
form. Tho entire evidence concerning tho
illcRality Of tho warrant nnd tho intoxication Of
Raffossy was givon to tho jury, md, with eyory
advantage in his favor which llia counsel lad
~sN"aASsAt
The caao Is therefore complete. No exceptions
were takcn, aud no arguments, except to the
jury, were made during tho trial. Evory
defect In the case was romedied. But one moro
effort can bo mado TO eave his lifo, and that Of
formal nature His counsel may move for q new
trial upon the ground that tho evidence does not
warrant the verdict, and upon roiuaal to grantit,
ho may carry 1t to tho Supreme Court, which
will bring tho whole case in review. Tho chsncs
Of relief from this quurter, however, Ia possi-
bility 30 shadowy that it ia hardly worth dwelling
upon. The triumph, in tho casc Ia TINT oven with
tho dofoasc Of ono Of tho most Hhillful lawyers
Of this city, who haH left no RESOURCE lnemploy-
cd to save ha clients lifo, and with tho repeated
rulings OF tho Supreme Court in Ills favor, tho Jury
has kept the mans guilt steadily in view, re-
fusiug to bo moved thorefrom by legal tech
,icalities, by any bins tlloy might havo received
from tho Supreme Court decisions to DECLARE
him guilty Of mans1aughtor, instead Of murder,
or by any motiyes OF sympathy. Tl,sy have
done their duty liks honest, foarloss meu ind
tho result il verdict which will not only strike
terror into tho hearts Of other rnllauH, who
havo no regard for the aacrednoHa Of life 40
long aH thero ia = possibility Of slipping
through tho mcshes Of the law, but
will also raetore confidence to The
respectable classes OF the community
that murder cannot 20 unpunishod,
and that tho law Ia still powerful enough to re-
tist and suppreas rufaanism. brutality, aud
murder. Tho prisoner himself has no reason
for complaint. Ills cri1no was as clear az tho
daylight It waa mover for moment questioned
that he deliberately aud in the most cold
blooded maunar shot ono unoffcndng man and
tried to shoot another. Tho Supreme Court has
granted eyory favor which ho has asked, aud
surrounded him with \ judicial dofcnBe 30
strong that 1t croatod doubt IN tho minds Of
tho community whether 4 jury could DO found
strong aud faithful enough to adhere to its own
convictions OF right against the influences
Of these deciaionu. Ho has bud tho servcos and
the iudefatigable efforts OF an able and consei-
ontous lawyer, who has gained tho admiration
Of the ontiro Bar, md even OF tho community. |
notwithstanding its abhorrenco Of tho murder |
and the murderer, for the mautosly mannor in |
which he has conducted tho case. Tho verdict |
was brought in on Thanksgiving morning. While |
1t did not furnish Rafferty, with any special |
cauBe for gratitude, peaceablo and law-nbidtug |
cltizona will give thanks for tho tcarosHncss and
honesty Of the jury which gave tue verdict, and |
for the prospect TINT tho murderer iB ut last in
q fair way to 1uoot his desortB.
s--s........ .....-...
One by ono tho fa,aoua aayings Of great mon,
which iayo paspod into history and become tra-
ditoual phrases, arc being absolutely awept out |
Of oxistence by tho historical iconoelast. Tho |
last QUO to suffer this cruel fato Is tho famous
millions for defensc but not cont for tribute"
When. nearly eighty years. ago, Gea. pluckney,