The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-11

deace he is Discharged.
On Wednesday afternoon the prehn;n-
ary examination Of Hank Morton for killing
Free West on December 23d, 1876, at
George Weaver's, near Coaltoxn, Moline
township, occurred at tde engine house
before Magistrate Swander. w. Il. At
wood, ESQ, Of Rock Island, appeared for
the people, and VIM. Jackson, OF that city,
for the defendant The case attracted
considerable interest and large crowd
was in attendance, mostly miners, friends
Of the deceased aud the prisoner. The
examination was set tor / Q clock but il
was after , O clock before il commenced
Morton was brought into cJU., about As
y. m, looking rather uuc3ncerned. From
his physique he wonder was, not that he
had killed Free West, but that he had not
been killed himself. He is small man,
much below the medium height. light
complexion, blue eyes, low forehead with
hair ovcrhanging, den0tiDg a stubborn dis
position. Hes is not repuisiva looking
young man, and it must be said that ii his
looks were to influence jury his case
would net be very seriously damaged
The case was opened for the prosecution
by W. h. Atwood, Esq, in hriet alusion
to the affair, asking the ieniency of the
| court for any mistakes he might make as
ne was not familiar with the details; he
had only been notified that day and was
! therefore really unprepared to go to trial,
but would not delay the law in its course.
| He then spoke of the main features Of the
case, as hastily cleaned by him, and urged
the court not to be governed by public
opinion, but trusted that the evidence to
be adduced would be the sole guiding ele-
m,nt: that if the evidence warranted it.
Morton should be held to APP
pear before the next term Of
circuit court, and he hoped the bond
under which he would be held would be
sufficiently heavy 10 insure his appearance
II, on the contrary. it be shown that the
act was a clear case of self-defense, or o.
such nature as to warrant the discharge
of the prisoner. none would be happier
than himself TO join in the verdict of ac
quittal. MIR, Atwood's S remarks were de
hvered 10 an easy, graceful manner aud com
manded close attention. He made yer,
favorable impression with all present an,
seemed to establish himself as one VIII,
would not shirk duty nor do a willing
injury.
VIM. jackson, Esq, for the defendant
then arose and as he commenced his re
marks there was au instant hush through
: the room, especially among the miners
whose interest in the fate of the prisone
seemed intense. The defendants counse
: commented on the case at length and re
} viewed the affair in all its bearings II
7 was particularly plain as to the Law COY
, erning the case, and urged the court no
r to be harsh beyond justice; that
the evidence was sufficient to hol
the prisoner then the court must GecId
whether he be held for murder CT mar
e slaughter He made an earnest appe;
t for the extenuatlng circumstances Of tn
/ affair on Morton part and said the ghJI
i evidence would show clear and undi
Q puted case of jastifabIe killing. Mr.J acl
t son was at times eloquent and foreible
address aud when he concluded there Wa
an audible murmur Of approval anon
i those present. at the conclusion Of til
remarks Of defendants counsel, the e.
animation of witnesses began.
d Mrs. Lawrence was the first witness e,
amined, and testified as follows Was
the dance at George Weaver's on the nigl
- Of December 23d: did not know either
rs the parties to the affair; never saw the
until that night, | was first attracted
West by his conduct, I first saw him
II the kitchen; | was sitting by the sto'
n warming my feet; West and Morton we
% sitting on table opposite me; they wei
q conyersing together; another man vi
s. also on the table with them; do not knc
IT who he was; they were all strangers TO N
h | had not been long 10 the kitchen befo
| heard West say to Morton, "You C;
haye your talk aud when you get tbrous
| will kill you, About Eve minutes aft
al this West knocked Morton off the tabl
h he Vest then picked him up and knock
ID him down again: he followed him up al
r, before he (Morton) could recover We
of knocked him down again, this time
knocked him against me knocking me or
got out of the road but could not g
away from the room. West follow
& Morton up and knocked him down aga
7e and choked him. Morton faced about, a
then shot was fred. I did not see t