, 1874-12-27

| peacemaker, but he could have settled the mai
ter long ago by saying the pistol WAS not loaded
Mike had ..
| Put on THE AIRS OF AN ACTOR
when on the stand to that extent TINT Mr.. Irude
] for the defense, bud reprored him. believing
in tho courage Of the Jury, lie would rest the case
in their hands.
MR. TRUDE, FOR THE DEFESsE,
submitted his law and cases, arguing that The
gist OF the question was, Was tho pistol loaded
or uuloaded? If unloadod it was not deadly
weapon aud tho prisoner should be discharged
claiming it the universal rule Of tho State that
III the absence OF proof on this point the indict-
ment must fall. He then addressed the jury,
eaying that he had been willing when the prose-
cutiou closed its case to lot the jury pass upon
this matter without argument. This bar-room
squabb1e, in which nobody was hurt. ought never
to have gone beyond police magistrate. Nc
Garry had, however, pursued it to the bitter end,
aud his only desire could be to advertise his
business, get his name in the papers, or. per-
haps, he was moved by vengeance. 1t Wns not q
caso Of the People ys. Mcdonald, but James Nc
Garry W. Aiichael Mcdonald. Tho fight was to
be desperate. 1t was the first time IN his life
that Mcdonald found himself in this position.
Great care had boon exercised BY the prosecu-
ton in selecting tho jury, especially Ill the ex-
this. They knew, perhaps, that Mcdonald was
FRIENDLY TO THE IRISH,
and that no freshman, applying to him for
charity, ever went away empty-handed: 1t was
not strange, however, that tho land which had
given Grattan and an Emmett could not pro-
duce men honest enough to try tho prisoner at
tho bar. Thought the leading counsel for the
prosecution must bo all Italian aud should bo
named U'Drieno. The law would be given by
the Judge. Tho defense had shown that the
pistol was not loaded. The law SAID the prose-
cutlon should show that it was, but they had not
done it. The defense had shown by Mike Geary
it was not loaded. It ho stated falsely, they
could Aayo convicted him Of perjury. Tho
was not loaded. Mr.. McGaTy was not
in 3 position to see if the pistol wero loaded ho
could not see both backwards aud forwards. II
he could, be would be Invaluable at Washington.
The counsel then pointed out and nlade the most
Of tho contradictions in the evidence. The jury
must not be led away by the platltudes OF Mr..
O'Drieu, hut listen to the law US it would bo laid
down by the Court. II they did go. ho wad conf
don't they would acqutt tho prisoner without re-
tirins.
ARGUMENT OF sir. uEEyEY-
Mr.. Heryey followed iu bohaH Of the defense
and appealed tn tho Jury to remember tho lnno-
cont wife and family Of the accused
mr. o'DNiES CLOSED THE CASE
for the prosecution by saving: Zach juror
had sworn to do Ills duty fearicssly, which lie
believed they would. He had put no man of tho
jury bccause of his nationality. Ii the prosecu-
tlon had rejected Irishmeu. tho defenso WAS
equally guilty on that score; they have done the
SAME in every respect. The ouly object which
had induced all his actious in this req ard was to
get fair, honest jury. Tne lax was not arbi-
through their representati. Without law
thero would bo no protection. Hc sought the
conviction OF the defendant On 10 other
ground than that = he was guilty, not
becauEn he was gambler or. any
thing .,lss. Was thcra an assault with IN inteut
To commit nurdor? Seven nitncsses had sworn
thore WIG. After the defendant had rsed shame
ful language and provoked McGarry. he drew
hs resolve:, and eays. Il will shoot you" The
defense called upon us 10 show who knew that
hat beat Of all when he said, II will shoot"
Moreover, every mau who testified had shown
hat he thought that he would shoot. AL the
SURROUNDINGS indicated murlor. The defendant |
might smile ut that assertion and he a villain |
still. Against the eevea witnesses who believed
hat murder was intended, only two Michael and
Nicholas Geary, said there was no assault. The |
1efcnso had incenousty dDvainiled the contra |
iictions III tho evidence, but the fact WAS tlat |
10 two men who ever saw transaction OF this |
ieary to be believed? He said ho was a very !
I'D friend Of McGarry's, but he never said any |
hii,g to bis friend about the matter that !
'ould 10 relied upon. lie told alcGarry |
70 was not present. go he did to jerks. |
oer.cnce Of the whole atrair with tho manifest
his slde.-,ant hcl:Ehtcned |
witt, dramatic effect. Tie did not 20 to tie Police
Court. lie bad quilted frelueutiug alcGarry's. !
lie fact was, he had got
UNDER THE sHA1soY OF 3uKE II DONALD,
which was infinitely more overpuwering than |
stcGarry's. Nick Geary had said that the prison
II b Id drawn the revolver and pointed it at his
,wn knee after oil the language that lie had used.
Could that be tr,,c2 Could there be any qucs-
ion that it waB lie? Did any one doubt that
Nicholas Gcary was liar Was that
,istol loaded? In considering this question. |
he jury must remember tho law war founded !
N reason they could not shift tho RESPONSE
,iiity upon the shoulders Of tho Court. They /
PRISONER was convicto d because he WIS guilty.
Jurors, in all criminal cases, we're judges Of the
aw us well rs of the facts. They were not
'oupd by the instructions of the Court. They
iere above the Court. They could, il they chose,
disregard tho Courts suggestions.
WAS THAT PISTOL LOADED?
The learned counsel had no hesitation in M
lualifedly saying. "Yes. it was." NIcDouald
aid it WAS loaded. inasmuch as he did not deny
hat it was. The prosecution had not been per
ectly, but he had answered unequiyocaily by
lis every deed and word from beginning to end
u that night. Every man in the saloon on tho
ccasion believed it; they cried out, ''They hayo
ome to murder you, alcGarry." His words, II
'iIl Kill" proved his pistol was loaded. Wonld
|ave committed himself to the power of
One Of his own Witnesses had
that Mcdonald declared, II can kill
ou." Tie copper ends of tho cartridges had
zen seen, aud no one had contradictcd Garrlck
then he swore he saw them. If this defendant
'ere not convicted, it would hereafter bo i'm
ossible to convict any man contingent upon the
roof of weapons being loaded with which ut
acks might be made. Langley's evidence that
ho pistol was not 1oaded when he gave it to
tcDonaid amounted to nothing. It might have
een loadsd aud reloaded before it was
reduced ut AcGarrys. Garrity had
aid, .'' Tho pistol is mine,' but they
ared not bring in Garrity. In fact, it was Gar
ty's pistol all the time, and not the ono given
: Langly. Tho prosecution had shown that
le Assault WIS made witt, loaded pistol, and
lat tlo Law raised tho presumption that when |
ian drew pistol aud pointed it as loaded, the
Try must not say the court took the case from
lem. II. aa men and as private citizens, they
ceyo him guilty, they Must 80 find in their
ublic capacity as jurors. They n,u7t always bo
repaired to meet tbs consequences of their YER
let. If they acquitted the prisoner, it would give
and others like him an unrcnukable
,anco to commit mud repeat the same ofIenso
pon each one Of us.
REIGN OF BLoopsHED
ou}d be inaugurated, and the blood would be
pon the heads Of that jury. AL law, all securi-
would be at m cnd The peace Of society was
'mmittcd iuto the hands Of the twelve men be- ,
)re him. The people were beudinr anxious :