The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1878-02-01

. tLoii iAttol ItCSlNc fOuI CAREFUL z te0UOn
that IS, the nature or degree of the crime
Here Whiteley related the course o
prisoner and wha: ne did; did it deIib
eraiely and premedi;atedly. IL Is no
, necessary tOsAOE what degree of malic,
I, defendant had. Certainly between tim,
Of supposed sho; and the time of thl
killing. all his faculties must have re
turned; he Deliberately and CAREFUL,
r sorghJ out the deceased, and as deliber
, ate!y shO him with the gun he woult
. have you believe that he did not kn Y
why he Obtained or why he used. Pris
, oner says he don't know why he went I,
Sanders shop. Is it possible that yor
can believe this? This s'ory 10 The minC
of a reasonable man will certainly fall to
the gro md. At er he got the gun he
deliberately sought out the deceased
The theory of he State is that II was hi:
III entiOn 10 kill, and ii thinks the test
mony wa rams this conclusion; that he
intended TO pass around by the side WAY
and seek ont his victim. He saws tC
several Of The witnesses, there Is going
TO be some fun Think o. the taking
of the life of fellow man as being ~fun,'
Is 1t not too revolving for belief Yet
this declaration of prisoner is fully at
tested. Deceased little knew the danger
which awaited him. The prisoner was
coming upon him unawares to shoot him
dead, and that be fore he could realize the
fact or make any show Of defense The
speaker thought that the threats prisoner
had uttered. and his mann5r of treating
deceased on the road and when he frs:
came TO Benton, Gle rlv proved his ma
liciOus purposes. Yea, his conduct for
m )nihs before the actual preparation of
the deed. fully proved his malice. The
SAFE did not attempt TO break down
defendants former good character. his
wdr record. &c; some of The greatest men
in history have fell from heaven 10 hell.
and the prisoners fall from his first es
ta'e is proven by his more recent life
and with this his former chara.yer has
nothing to do. Mr. Whifeley here read
from the law tha, the character Of The
prisoner has very little to do with great
crimes, and then added: You can see
from what have read that the character
Of The prisoner has very little 10 do with
crime of homicide, that SAFE had proven
malice afOrethought, and that in j lslce
to humanity it is entitled to verdict a;
the hands of the jury.
MR.. 4. A. BALLARD.
Expected TO confine himself to the
evidence, and make no statements not
carried out by facts. 1t seems to b.
relied upon that because there had
been killing there had also been a
Ehntsuhr h.r hn
been committed; that defendant had
done no crime against the law of the
land. Knapp was seeking out a To-
cation for the practice of his profession.
He chose Benton. He had "a right to
call upon whom he pleased. He had
remained there but short time when
this man II. X. Mott commenced to
persecute and slander him, and not
satisfied with this. he commenced to
make threats against his life. Said
this was not done to one but to scores
of individuals as has been attested by
the evidence. Deceased had said If
hr could not drive him out by fair
means be TOnld by foul. Aud when
he would make these threats he would
do it by showing his revolver. He had
formed resolution TO rid the town of
the defendant, though it we're uec-ss
Hry 10 take his life 10 do il. Tines.
rhrea's were made repeatedly. W.
find him prepared to pnt their threats
.Xtu ion He. comes TO Fiu,iia,
md pm -cha>as pistol; h. tells Der
.H's o n FnhI.y aui b -nron thar
- ia e., lei 80 Kill i-fe,Ii.mr. Tni-
10 1t. 4 RI,
= h"'n TIE wsnpou was OBJ aiu~d;
tlI-sr are me f,ct- The s ate of On o
makes nO attempt 20 dispute them
TtIen the decreased fOuud rh,. revolver
would not r-volve properly. lie want, Il
20 exchange il foe auu:her. aud even
attempted To fake the life of the ss'e>.
nau because he was uuwiliingly to re-
turn the money on il. We find the
woman whom deceased called his wife.
upbraidiug defendant and asking DE-
eehsed 40 shoot him, and we hear the
deceased say Il will do it," There can
be no mistake about dece4sed trying TO
into controversy with defendant
(Here NJ. Ballard detailed course O:
defendant from defendants stand
point.) Defense have proved beyond
controversy that shots were fired from
Motifs premises, whas matters il
whether there were one or two. Those
who testified they didn't hear these
shots, didn't hear any shot that after
noon-not even the prisoners gun.
Mott got the most available POSITION
he could get TO execute lis design.
Mott &C mes out OF the alley north of
Freises' because he sees in what man
ner he can best execute the design of
killing Knapp. The evidence dors not
show thai Knapp said to the young men
there's going to be some fun at
was said there may be some fun,
thinking he was going hunting by such
unusual 81. ht as Knapp carryin ing = gun
they might Ihiuk he was going hunting, |
aud to carry out that ida prisoner !
spoke as he did. He couldn't afford |
TO be driven out of that town like a
deg. He couldn't afford to be placed |
in a position worse than his fellows. l !
don't care if he went TO get that gan;
it was his duty to arm himself to pro |
tect himself against assassination by |
uheis man. If Mott had not occasion |
ed that collision, I'll venture my life
that it would never have taken place.
He believed that if he armed himself it |
would deter rhis man from taking his
life. (Here Ballard related, eloquent
ly. the manner of meeting according to
|efendant's testimony
know the killing took place jnst as
DR. Knapp narrated it. The whole
affair is consistanr with the lives and |
..f,u % i
sistant with the testimony OF witnesses
The direction of wound is nearly hori-
zontal in thu abdomen aud consequent
Iy it was impossible for defendant to
have taken aim. The killing took
place in a close fight. Wehave proved |
the immediate pI oxirDity of the par les
az the time. The knife was found near
the place where buggy had been CREASED |
and the kuife was covered With grease I
no peanut shells were found at al. If |
there had been they and the knife
would have been paraded in Court
| wish TO call your attention to the /
previous good character of defendant. ,
and the incohsistant idea of his delib- |
-rately committing such crime. W.
flud the def-nd4nt avoiding dec ,ased |
passing by all the insults he ped upon
MIN by the decreased. He went and |
armed himself because it was 10 longer
safe for him to go uuarned. He had |
4 right 10 DO this and he would have /
b. en less tnan a man had he not shot \
NOtr ia his tracks when the latter al /
tackei him. When / see a man go /
about armed TO the teeth, in this civiliz /
ed community, j don't think it speaks
very yell for the peaceable nature OF
this man A man of peace won't do
this. 1t is Incumbent on you to say
that the defendant. Frank II Knapp.
is not guilty Of murder az charged in
The Indictment.