Huntington advertiser. [volume] (Huntington, W. Va.) 1874-1921, 1874-03-19

attending the case, showing the prlso-
ner's connection with it, his threats,
his motive &c. He also read largely
from 3rd Greenleat, showing the I'M
lawfulness of the crime;-he then in
vivid language portrayed the eviden-
ces of the prisoners guilt, his flight
from Justice, his return &c. He APP
pealed to the jury to vindicate the
law; they did not ask for blood, but
that human life should be protected;
Mr.. Ricketts, speech occupied about
80 minutes and was listened to with
great attention.
IRA ]. McGTNNIs SPEECH
Mr.. McGinnis opened for the de-
fence in his usual felicitous style, de-
picting the responsibility on the jury,
as well as upon the Court, and the
counsel on both sides, in criminal
prosecution, showed the duty of the
jury in such an investigation, -criti-
cised the manner in which the prose-
cution had been conducted, as an I'M
warranted zeal; desire for victory,
although the victor's wreath would
be stained with blood.-TIis remarks
were directed in honesty to men who
had sworn to do their duty &c.-he
accused the counsel for the State Of
seeking popularity and of going be-
yond all limits Of propriety, and of
law, he said he also was hele for the
law; It's shield was thrown around the
innocent and oppressed, and he vindi-
Gated that law. The prosecution
has failed to lay down the manner in
which they intend to close this case;
they must be bound by their opening;
if the law and the community are as
Mr. Ricketts, says, then they should
give up all claims to civilization, and
20 back into barbarism,-ye give
way to their lusts, until Hell itself
would be refuge from their crimes.
The question is, who killed Peter d.
Morgan; investigate all the surround
ings before an answer is given; you
shall not convict without proof, not
necessarily positive, but there must be
chain of circumstances which can
not be mistaken; that has not been
shown in this case;-the prosecution
has utterly failed to show a single cir
cumstance by which the prisoner was
connected with the crime; he was not
here to twine flowers in a wreath of
eloqucnce, but to state facts, incontro-
vertible facts; the prisoner was aware
of the suspicion resting on him; the
country around knew how Morgan
had treated him; they knew the threats
that Morgan had made, and knew he
he ought to kill him, and therefore
he was suspected; McNeely's evidence
about the thin patch was laughable.
and this on the part of the State, was
like that patch, little too thin; Blu
chanan's evidence heavy; he wants to
marry prisoners wife;-the witnesses
for the State have only supposed what
the prisoner told them; they were not
positive in single instance. The
gentleman then read Starkey on Evil
dence, showing how one important
word in a conversation may be misun-
derstood; the State must make the
case, and show by circumstances that
the prisoner did the murder; it has
rested entirely on presumption.
Frank Buskirk returns immediate
! " after the murder and finds a home
desolate and forsaken; robbed Of his
wife and child by the cold calculating
hand of the deceased;-where was he
on the night Of the murder? has it
been shown? could he not have killed
him? did he not have just cause,-it
it can be justified 70 imbrue his
hands in the blood Of Morgan? and
may he not have done it? the law says
you must exclude every other hypoth-
esis before you can condemn the &c
cused; but even if prisoner did com
NIT the deed, he is clearly justifable;
there are degrees and steps in crime,
and the law draws a distinction; he
then proceeded to define each grade
of killing, and eloquently depicted the
torture Of the prisoners mind caused
by the acts of the libertine, who had
destroyed his peace, by robbing him
Of his wife, and was coiling himself
for the spring upon his tender and
fair haired daughter; and the deceas
ed had spread his reports Of this to
every breeze of Heaven; he seemed
to have a special hatred for the Bus
kirk family: had destroyd the peace
of two families, but not satisfied with
this was seeking the life of the prison
er; he was not only libertine but his
heart thirsted for the prisoners blood;
thrice had he sought the premises Of
the prisoner, with pistol in hand, at
the dead hour of the night, sheltered
by darkness and prot cted, as he sup
posed by the surrounding silence, to
take the life of the pris)ner;-ah
and he had promised TO protect a
boy whom he thought he could con
troll, to do the deed. After an elo
quent appeal to the jury, he took his
seat having spoken about two hours.
Court adjourned till two o'clock p.
NJ. when the prisoner was set again
at the bar, in the custody of the Jail
er.
JUDGE SMITHS SPEECH
Judge c. w. Smith, counsel for
the accused, began as follows,-'I am
here to-day, gentlemen Of the Jury,
as counsel for the accused, and am
proud that my duty as his counsel, and
my feelings and convictions as an in
dividual, agree so well; | have listen
oil woll IN the evidence. and can find