, 1876-01-09
Conclusion of the arguments IN lRe
Davis Case.
Nr. C'5rien TlroUs The Responsibility e1
The hrrlor ca. Y'hylana.
The l.ry Declare That They Cannot
Agree Eeiora faiGaight, if Then.
They Are Divided Between Hanging
AMI Imprisonment.

All lmLT.5onmenl.
O'BRlEE.
CLOSING Eoa TIE DEFES6E.
The trial Of Davis for the murder Of Why
| laad was aenin resumed before Juiga Rogers IN
| the C1,muxl Coc,t yesterday morning. There
| yas tremendous crowd. aud the BIlf had
,Ae,r baads full in endeavcriug to preserve
I order.
| Mr, ", ". O'Urieu o2caed the proceedings b.
commencing the closll speech for the deiense.
| His fist remarks we're slow aud low toned but
! he gradually warmed ~. and spoke with great
| ycht rncnce Ha made, at the outset,
some allusions to the modc Of procedure
adopted by tne counsel 10. the prosecution, es-
pec:a!ly as to tho summoniug Of exeests- lie
| reviewed tho evidence IN both s:des, and said
that the only deductlon tuas could be nado WAS
| iha: DAVIS was, undoubtedly, subject to
| aPAsNo.1c FITS OF INSANITY.
| The burden Of the proof was With thu prosecn-
tiou, net the defense. Tho States Attorney nn5
lis oontrera had 10 prove That Davis vas OF
sound mind. He anew that there was deep
seated prejudice agninst what newspapers termed
..ths insanity dodge" Already the press and g
portion OF the citizens OF Chicago had clamored
for the life OF the prisoner at the lar, const1-
,uting themselves Judge and jury without "ar-
rant Of law. They cried ous about the ia-
Sanity Dodge" when all tbs world LneT that
there were thousands, If not millions. Of luna
tics in existence, a!l exhibiting madness IN
greater or Lesser degreo. Some were CRAZY oil
the time. Others had what were called t. lucid
intervals" Others again, lie the prisoner,
were only spasnojically insane; that IL, thoy
were sane oftencr titan they wcre the reverse.
But tho fact tint man was sane Yesterday. waa
hardly conErmatory OF his sanity to-day +; and
the fact of Ills being i:lsaue to-day WAS no gu:r-
aztec tha. he woald cot te ma tomorrow. The
defenso claimed that Davis insane when he
murdered Wbyland they had established the
fact by conclusive evidence, euch US no jury
could conscens.ously disregard. and there was
not single thing brought forward BY the prose-
cution, except the ASSERTION Of counsel. to show
tnat DAVIS was not insane when Whyland fell by
his hand.
Mr. O'Grien then entered into thu details OF
tho case ct great length, rcrie*1nG the evidence
given by the prosecution in very yltuporative
manner, being especially severs on Dr.. Sawyer,
whom he denounced al .'sluirt." ''wind-
Bag" d 'pedantic younsster," and other
articles Of anything Lut poetic turn
As regarded tae
CHARACTER OF THE ACCUSED,
he was surprised that so good LAWYER Is Col.
Van Arnan had made, Or had attempted to make
po1It on that. Tho Colonel VAS to) learned O
lawyer not to know that in the clear eye Of
tue la" every mn VAS eluai-the
merchant md the bcgsa.. the thief and the ho,-
est man, the gambler aud tic clesgrun:4--Uleu
trial for life or de:tI,. 1t made no difference
in the c.e Of the lkw what the autecederts OF
Davis mele. He vas u5t on trial for anything
but the act charged in the indictment agaiukt |
hAtn, aud this alone. with al the @. idence bea--
ing thereon, WAS what the jury had to consider. !
Tney "ere not gong to .r7 Tho man coldlne |
to tne representations Of the prosecuting coun-
sei,-mel, who wero paid foz the purpose Of se-
curing conviction. a1li whose duty and glory it
wss 10 convict If they could.
lie speaker then dwelt upon
THE CONDUCT OF DAVIS !
the day Of The tragedy. He struck Favorette |
with tho revolver, Without provo:=:iol.. cutting |
hls face. and subsequently. initiating the Good
Samaritan. he assisted 10 waehiug OF; the blood
and was SO employed when Whyland npreMed |
upon the s,one. 80 cne lad proven ,nns there
bad Deen any provoc.:1o0 given by Whylanu-
tho most Intimate friend Of tho accused. No. !
body had beeu able TO establish anything that
" ould lead the jury to suppose there had ever
been quarrel, or even serious n1iBnndet- |
standing, between DAVIS and WLyland. Wnar,
then. except insanity could haze promlte1
the iom eide ? Was there any Other rntionnl
way u explaining go unpcovoked crime? The
10 the musder proved itl1is7utAtls an uasouud
mental condition. When DAVIS entered Why |
lands saloon lie WAS suffering from The effects OF
recent epileptlc attack. u1.d frun the eEecss Of
powerful medicines takeu that morning.
ON THE INVITATION or wIi11-ASp
le threw dice for the drinks aud, Losing. paid
Ior Two giasses Of egg. .nog,-he and Whylaud
lriuklug togetheE. Then tlera were other
i.nks; hn ;sod;sa until h the ~. l'qaoE, ss::ns %
condition of tie defendant, produced laapia and
cd to tha 1atu result which followed. l. shouli |
'lso be remembered thar Davis drank Oh IN
'ni'tY stomach, sufficient Of itself to naEe liquor
Ict upon tho brain in Eu1o than Ordinarily ex- |
tlng manner; and the jury should not forget
hat
1poH WuYLANp HIMSELF RESTED TIE 8AD ns- |
SroSHIEiITy
i having mado Davis dtuua; for Davis refused
0 drink Mt Batchesdcrs, and, doubtless, would |
'ot have drank Ut asl On Thanksgiving Day had /
le not been tempted by tile unfortunate Why-
and to throw dice Tor The drinks.
Nr. O'Brien then went on to rend extracts |
iom several legal s:orks, aud held that the as !
ertion made By Col Van Amman to tho effect j
hat tie drunkenness OF Davis WAS no excuse
'As. under the circumstances, incorrect It .
ouid form no excuse If the nicn jraok solutl- :
arlly until ho becamo Intoxicated aud murder I
us; nut Davis did not drlu1 voluntarily, but {
Ut that in his mouth winch Aggravated bis in ,
eultV at tho ius:igatiup Of the victim of his in-
me violence. So clear case could not he lound
tQe unnats OF cTine- Tho dcllLaa held, and | j
aa proven that Davis was insane when lie | 4
omulitted tho terrible deed; and it had also | t
cen proscn that tllat madness had been further |
,haneu BY the | /
EEcr Or INDIRECT AoEScT OF CHARLES D. WY q
LAND,
ON deceased Dir. O'Br1en then garc glowing |
biographical sketch Of Davis, md reviewed ths
sle stoty-a!EeadE ie1ated-of Lis sickness in
ew iors. his waudellass, his fits, and his mis-
'Ttuncs. II
ln this courae Of his renarks he grew very elo- I
ltDr over q
DRUNKENNESS. =,
70 held that man was uot necessarily bad | g
an, , wicked man, or . worthless citizen, be- +
use ho might drink on occasions. He alluded .
tho Bible anecdotes OF Noahs fall from so- y
1csy; Of Lots mieconduct, aud Of the turning ~
the water into wine, by Jesus, At the Eaa.- - -
sge feast. The Latter example especially r
owed to Mr.. O'Briene satisfaction that VINE ~
Is not obnoxious to DIVINITY. II Christ liked X
ster better than vine, He had plenty Of water es e
hand, but He preferred the vino, :!