, 1874-10-08

DOl1nlu RhsllulliH 'EAIuuuF
Witnesi-Novor played kono III my lfe; mover
played nny game at MoDonn1dH in my lfe. My
business NJ a reporter tnkos mo to good many
places. I'd like to nak blr. Cnmeron II over l,o
played kono2 Tint Ia just as rolovant to thls
caBo as this question to mo.
Col. Canloron-I neyor did, il TINT viii oaae
your conscience. Gambling Ia about the ouly
vjce Mn FREQ from, [Iaughtor.l
Thla ended tho oviaonco on both aidoa. =.
Mr., Irudo snl ho was willing 10 waive MI ar-
gtnens II Col, Cameron would do tho salllo.
COL. CAMERON
said he intended to spaak to tho facts, nnd nlso
TO quote the lAw on tho oaBo. IIewou'd ask the
Court for Judgment on Mcdonald Tor assault
with l1tons to commit murder. IIo would deal
with the others OIL the Tnmo ovidcnco aforwart'.
Tbs would do away Will, tho nocosaity of going
over the whole ground at todtoua length again.
nano |ino Of policy.
Col. Cameron read tho lars ot Ilaots ro-
lating to riot, showing tho number Of people
two or moro--oapallo OF 'aising riot.
called attenton to tho fact that only ono wltness
CIR. McGarry) Ind directly sworn to having
seen, wliat no thought to 10 cap OIL tho iatol
to aay that Mr. Meuerry. undor the so!c'nnity of
> metter of fact, That Mr.: Mooerrya
oxaoily toll whnt he did soe. This WINS shown
by his dreot Testimony, portion Of which wae
read, which sl,owed that lo could not toll
wl,ethor tho pistol waa ono TINT carried eaps or
corio,1s extracts from divers law-boohs, shox-
iuE that Il deadly assault could not DO elargcd
na!css 1t was H!iown That tho pistol Was notual!y
capped and toadel and even. in ono case,
bullet could not 10 found, and the oharga of as-
eault with intont to do murder foil through.
All tho criminal authorities agrood-Wharto1,.
Dshop and RuFsell-tlAt such a case M t,,at
TnTF It.,
nltcsnpt to do murder II Should bo provon by
tho people, lot by the prisoner, that tho pistol
was loaaod with powder and bali Mcdonald
WIS not called npon to provo that the chambers
o % nesaat at "'ii apya Lad na re 9f 10 to
thoro that he would freely admit. Nobody was
moro eontrite for tho aut than Mcdonald hinl-
self: Still 1t was othcr case Of common as.
80 ssaS fast eo'Ffs' o aS Ss sG'' y IL Il ess a
Witnesses, except, l'orhn,s, tho nlau dnrridk,
who wrs Llnck Bhoop. Ii l,o Lnd never hocl,
30 hnptazrd bofore, he (eouuseO now bnptizo1
him. Garrick swore TINT hc saw cap Oil tho
pistol He Ind no, opportunity for seeing Nc
Donold draw the pisto Cough sworo that ho
did not soc 0arricl until the thing wa over. II
Ito had been thtlo, Cough should have eeen
deuoo ut some longtE. md Aaid that it would he
nn insult to tho intelligence Of any Grand Jury
TO send tho lalnes before 1t OH Charge Of riot.
THE CLOSING.
CuI, CuuGEDH EtFR0u 4OE LuU JROpl9. A1E lnl
no persounl enas to subservo III tint n,ntler; lie
Was simply tl,cro in ltin capacity as public OIL
Ger, to SEQ that juatico wAs done, and TINT tho
laws wero upheld. Ho could demonstrate to tho
Court, from tho body aud volume Of tile proof,
that the three defendants entored the Baloon.
that night. With tho proeoncortcd idea Of in
volving McGa!ry III quarrel, and doing murder
upon lin. Every esseutial oloncut Of n,urdor
was tharo, except tho act itself. Tho will wna
there, the weapon was thera-througl, tho nc
cdent of tnterpositon 1t WIS not discharged.
Ho would accEo tho man McDona1d-ho would
accuse the nun Goury-tllo lnan Clarity.
Mr. Ttule-l object Tho eridonce docs not
Ellow thut Gnrrity was concerned in tho natter.
I say that Garrity must not Do 1ashc1 wLiio not
III the case.
col. Can,cton-1t waa notorious what Garrity
sIr Truac-ls is talsc.
Col. Causoro,,-It is truc. Ills record Is pub
lie property.
air. Trido-Thea it comes to record, you
hnve nothing to EnY.
Col. Camcron-Tl,e gentleman ia oxouBable on
the ground OF error aud ignorance.
Air. TrAde-}uu arc using tho bunaomlo you
used IL the Fowler case; appeal to tho Court.
cyidcuca aud avoid personalities.
Col. Cameron Eoid that tho evidence showed
that Clarity went up to Pcriolet aud de1usnded
AlcDouaas pistol frog, him. after tlat persou
What Was tic r:esu@piion' That, u1lsras Gar
rity waa liar, llo lont tho pistol to atcDoua!l
for tho purpose OF having alcGarry shot. Geary
was there, too, to MD and abot-aii tho evidence
fight by being ovide1co for ,eDonad that
McGarry had branded him rs thiof. Why
wps tho pistol taken ,nway2 Iu order
that the pistol might bo proved not TO
tS IL e , Sss a 52.aS ane Of H. { Il ooas h4a fdfe enss
why, McDo,.ald would bo convicted, without .
question. Garrity knew ttia-he know that II
was necessary to aceute tic pistol to save Me-
Donald. The question WAS then reduced to tliH:
Did McDonold 60 tl4c.o Us an aseassiu or simply
ns q hraSsart aud Il bully2 lie (couusel be-
lieved that aseOonalA came thero in tho former
capacity. llo would say, however, that alcDon-
lid, bad rs hc wao, was not tho worst. Tho others
wcro tho promptalH. 1t 1waH known tint tho
quarrel waH aHllbtorfuEe, because tho saule cause
Of qunrrc! occurred Inst spring, wlleu Mcdonald
NJ snia ee M yy', Mo n9t believe 0oary upon oath.
YOU Ws s S sSDou ii miMslSa M ySSa" RSnt What
did suc!i IN expression nlcsu in such month ns
that Of NrDonal, or Gcary. OF Gareity. II not
murder? Tho ch;cuSo prcss hnd been severe
paper 60 fur as ho romembered, had attacked
McDonnll'A honosty. Why did he not, il ho felt
that hly dignity was outraged, 80 and shoot lIr
Wilbur Z. Storoy Tho counsel concluded by
fresh royiow Of the evidence, mid demanded
Judgment for assnuIt will intent 10 do murder
pn thu person Of Jnnlun MeGarry.
THE COUNT.
Justice Soslly uall that he WAS influenced by
considerations Of law ony. and lind no partisan
foolr,,g-as no court should llayt--!nt tho question
ut issue. Ha proceeded to royiow tho law In tho
caso. aud dwelt partcuiarly Oh that which eon-
htltuted riot. Tho evidence in the case, with
one exception. showed that Geary took no part
IN tho disturbance. Gsul,tY, it was shown, did
not do auytiliue r'otous until iie had first been
struck III Miller. II Clarity 'as q sioscr, 20
IVES Miller. II tho ntfray had occur
tea III hIcGasrys pirate lozaieile, tho
parIios would haye ',,doubledy,bcsn guilty; If
not tlero would be 10 installing their pnrnoao.
But tho aGiay occurred i'll Dlotiarry's public En-
loon, mud. Judging by tue evidence ad0uccd, llo
saw nothing TOR II, according, to hp legal coll
fcienco but to discharge tho parties on Tho
charge Of riot. Regarding tho charge Of doadly
hssanit, tho law Ind boon already quoteA by
counsel. There waa little confusion i'll tho tes-
uworo to having seen tho pistol capped. Or aon,o-
thing Synonymous Some sworo TINT tho pistol
WIS ieyelca ut McGarry othors thai, it Vas but
half drawn. This made tho afrnir rather contrl-
tiictory. ue felt it to DO lis duty to send Me-
Donald TO tho Corut Which had Jurisdiction over